Classification

The International Classification of Goods and Services (Nice Classification) is applied.

Convention priority

Liberia is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Liberia application is filed within six months of such earlier filing date.

Examination/procedure

The Director General examines the application to determine whether the applicant is entitled to registration or would be entitled to registration.

The Registrar, if he is satisfied that the application complies with the requirements, will accept the application and cause the application to be published in the prescribed manner. Currently the official journal is not being published and applications are published in two different local newspapers in two separate weeks. Thereafter, the registration certificate will be issued.

Opposition

The Act does not stipulate the prescribed period within which to file an opposition and no regulations have been promulgated yet.

The Liberian Intellectual Property Office has, however, published guidelines for opposition proceedings, in terms of which any interested party may oppose an application within three months of publication. Extensions are granted within the Director General’s discretion.

Duration and renewal

A trade mark registration is effective for a period of 10 years from the date of registration and may be renewed for consecutive periods of 10 years upon payment of the renewal fees. A period of six months is allowed for the late renewal of a trade mark, subject to the payment of a penalty fee.

Patent protection

Patent protection is available via a national filing or an ARIPO application designating Liberia. The 2003 Act (which, as indicated above, is being applied), incorporates the Harare Protocol (which regulates patent and design filings in ARIPO) into Liberia’s national law. However, the validity of an ARIPO application designating Liberia is uncertain as it is not clear whether the 2003 Act is legally in effect. The 2003 Act also provides for PCT filings. Accordingly, patent protection may be obtained via the PCT, but again there is some uncertainty in regard to validity.

Patentable subject matter

Inventions are patentable if they are new, involve an inventive step and are industrially applicable.

The following are not patentable:

  • Discoveries, scientific theories and mathematical methods
  • Schemes, rules or methods for doing business, performing purely mental acts or playing games
  • Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised on the human or animal body
  • Inventions the commercial exploitation of which would be contrary to public order or morality.

Although methods for the treatment of the human or animal body and diagnostic methods are not patentable subject matter, the prohibition does not extend to products for use in those methods.

Novelty

An invention is new if it is not anticipated by prior art. Prior art consists of everything that has been disclosed to the public, anywhere in the world, by publication in tangible form; or in Liberia, by oral disclosure, by use or in any other way, prior to the filing or the priority date.

Examination/procedure

The Act requires that applications should be subjected to both formal and substantive examination. It provides that the Registrar may take into account the result of an examination report by any competent authorities for any corresponding applications, such as the International Search Report or International Preliminary Report on Patentability, or he may cause the application to be examined by an external search and examination authority. However, in practice only formal examination is carried out and patents proceed to grant very quickly in Liberia.

The Act requires that the Director General must make a decision on grant within two years of the commencement of examination.

Duration and maintenance

The term of a patent is 20 years.  Maintenance fees are payable in advance on pending Liberian applications and are payable annually calculated from the filing date.  A grace period of six months is provided. If the payment is not made within this period, the patent lapses.

However, the Registrar does have a general discretion to excuse the failure to comply with any deadlines in the Act or Regulations if he is satisfied that circumstances justify the failure to do so. Accordingly, it may be possible to argue that renewal fees can be tendered after the expiry of the six month grace period for payment of the annual maintenance fees.

Design protection

Design protection is available by a national filing or via an ARIPO application designating Liberia. Liberia has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby giving design protection to applicants seeking to obtain a design registration via ARIPO.

Registrable subject matter

An industrial design is defined to mean any composition of lines or colours or any three-dimensional form, whether or not associated with lines or colours, which composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft.

The Act excludes from protection anything in a design which serves solely to obtain a technical result.

Novelty

A design is new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form, or in Liberia, by description, or by use, or in any other way prior to the filing or, where appropriate, the priority date, of the application.  A grace period of 12 months preceding the filing date or priority date is provided, for disclosures which were by reason of, or in consequence of, acts committed by the applicant or his predecessor in title, or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

Examination/procedure

Examination is conducted by the Registrar to ensure compliance with the formal requirements and also to determine whether the design falls within the definition of a design. If satisfied that the conditions for registration have been met, the Registrar shall register the design, publish the fact of registration and issue the registration certificate.

Duration and maintenance

The initial term of a design registration in Liberia is five years, which period is extendible upon payment of renewal fees for two further five year terms. There is a six month grace period for payment of the renewal fees.

ARIPO designs are, however, only valid for 10 years and are subject to payment of annual maintenance fees. ARIPO also has a six month grace period for payment of renewal fees.

Currently, no legislative provision for plant breeders’ rights or other sui generis protection for plants is available in Liberia.

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