Newsletter: December 2004

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 First Seizure Of Counterfeit Goods In Libya

 It came to our client's attention that local companies are infringing their Jotun Device
 trademark used on paints.
 
 Accordingly, we filed a complaint on behalf of Jotun A.S., and the General Attorney in his turn requested us to submit a proof of ownership.
 
Whereas our client had filed an application, and no oppositions were submitted during
the opposition period, and whereas the certificate of registration was not issued, we obtained a letter from the Libyan Trademark Office attesting that Jotun A.S. owns the Jotun device.
 
Consequently, a police raid was arranged and all infringing goods were seized, and two
partners of the company were arrested for a period of one week for investigation, which
was extended for an additional two weeks.
 
Afterwards, the entire file was transferred to the First Instant Criminal Court.
 
Furthermore, a judgment is expected to be rendered within a year, incriminating the
infringers and stipulating six months of imprisonment in addition to a penalty payment. 

 Meanwhile, an injunction has been issued preventing the infringers from producing or selling their product with the infringing trademark.
 
It is worth mentioning that this is the first precedent in Libya that shows the seriousness
of the Libyan authorities in preventing and prohibiting counterfeiting, and applying
the IP laws in their entirety.  This brings hope that owners of trademarks in Libya will benefit from their trademark registrations in the future against any possible infringers.