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Liberia - New Industrial Property Law

We have recently learnt that a new Industrial Property Law has been enacted in Liberia. The law was apparently published on 30 April 2003, but only became available on the WIPO website on 18 March 2009. However, it is apparent that this law is not yet in force, as the date of its entry into force and the date of repeal of the previous law were left blank in the publication and furthermore, no official notice has been issued regarding the implementation of the new law, regulations or prescribed fees.

Notwithstanding the apparent absence of promulgation of the 2003 law, it appears that certain aspects thereof are in fact being observed in practice, as we have recently received some certificates of registration for trade mark cases which indicate a reduced term of 10 years (the previous law granted a term of protection of 15 years for trade marks).

We are in discussion with our Liberian associate regarding this situation, and we will post further details on our website as soon as any news is forthcoming. In the meantime, however, we summarise below some provisions of particular significance in the new law, which provides specifically for the registration of patents, trade marks and designs, for your information:

Patents

• The new law formally recognises the Paris Convention, of which Liberia has been a member since 27 August 1994.
  
• The new law also formally provides for PCT applications (Liberia acceded to the PCT on 27 August 1994) and ARIPO applications designating Liberia. However, to date, Liberia has not become a member of ARIPO.
  
• The definition of an invention has been amended and the law now has specific exclusions from patentability, including (a) Discoveries, scientific theories and mathematical methods; (b) Schemes, rules or methods for doing business, performing purely mental acts or playing games; and c) Methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body - this latter exclusion does not apply to products for use in any of these methods.
  
• A requirement for absolute novelty has been introduced (the previous law required only local novelty).
  
• Divisional patent applications may now be filed.
  
• The new law provides for substantive examination, but this is at the discretion of the Director General.
  
• Amendments and/or corrections of patent applications are specifically provided for.
  
• The term of patent registration remains at 20 years. Annuities are officially payable on all patent registrations and applications; previously they were levied, in practice, only in respect of PCT cases. The transitional provisions provide that patents granted under the old law will remain in force subject to the payment of annual maintenance fees.
  
• Revocation of a patent by any interested person is now possible.
  

• The new law specifically provides for industrial designs – previously it was not possible to obtain design protection in Liberia.
  
• Absolute novelty is required, and Convention priority may be claimed.
  
• The term of protection is 5 years, extendible for two further terms of 5 years.
  
• As for patents, ARIPO design applications are provided for, but Liberia's non-membership of ARIPO means that this provision currently has no effect.
  

• Trade marks and service marks continue to be recognised under the new law, but provision is now also made for collective marks and trade names.
  
• The new law formally recognises the Paris Convention, of which Liberia has been a member since 27 August 1994, and the International (Nice) Convention..
  
• As discussed above, ARIPO trade mark registrations are provided for, but in practice will not be possible until such time as Liberia becomes a member of ARIPO.
  
• The new law implicitly recognises the Madrid (international) registration system for trade marks, as it provides that international treaties to which Liberia is a party apply to matters dealt with by this Act and, in case of conflict with provisions of this Act, shall prevail over the latter. Whilst Liberia has been a party to the Madrid Agreement since 1995, and Madrid trade marks have been registrable in Liberia to date, the enforceability of such registrations was doubtful under the previous law.
  
• Accepted applications will be published under the new law, and oppositions may be filed by any interested person.
  
• The term of registration of a mark is 10 years, and this term is renewable for further consecutive periods of 10 years. Under the previous law, the term of a trade mark registration was 15 years. It is not yet clear as to whether the term of trade marks registered under the previous law will be shortened - the transitional provisions of the new Act state that subsisting registrations "shall remain in force but shall … be deemed to have been registered under [the new] Act." We will let you know once this matter has been clarified.
  
• The rights conferred by a trade mark registration do not extend under the new law to acts in respect of articles which have been put on the market in Liberia by the registered owner or with his consent.
  
• A trade mark registration may be invalidated on various grounds, e.g. if the mark does not satisfy the requirements for registrability or if the mark has not been used for three or more years.
  

1st October 2009