The functioning of the Libyan Trade Marks Office has been affected by the ongoing civil unrest in that country. Although it has been confirmed that the office is currently operational, it is necessary to consider recent political events that have influenced the administration of the country.

In June 2014 a House of Representatives was elected as the legally recognised governing body of the country. This elected governing body soon lost control of most of the country to the self declared leadership of the Fajr Libya Militia (Libyan Dawn). The Trade Marks Office is amongst the bodies which are currently under the management of the Fajr Libya Militia.

In the midst of these political disputes, the Libyan Supreme Court declared, on 6 November 2014, that the election of the House of Representatives was constitutionally invalid. It has been rumoured that the court’s verdict was reached under duress and will be challenged. In light of these developments, it is not clear which representatives are recognised as the legal legislative body.

Since the Trade Marks office is under the control of the Fajr Libya Militia, it cannot be guaranteed that all processes concluded during this time will be considered valid once the political conflict is resolved. In light of the current situation, it should be noted that trade mark applications filed during this time face an uncertain future.

Article written by Adams & Adams