IP OVERVIEW OF LEBANON

As a western Asian (Middle East) country, Lebanon has a complete set of IP law system. Lebanon is a member state to WIPO and also a party to several international treaties. Lebanon’s IP protection is subject to the Commercial and Industrial Property Laws and Systems of 1924 (as may be amended from time to time). This law aims to protect patents, industrial designs, trademarks, copyright and anti-unfair competitions. Any copyright-related content in this law is replaced by the Copyright Law of 1999; any patent-related content in this law is substituted by the Patent Law of 2000.

The Ministry of Economic Relation and Trade of Lebanon approves and supervises law modifications and participates in the formulation of new IP laws, under which the IP Protection Department manages the author’s rights and other IP affairs. The Customs is responsible for IP border protection.

Patent

The new Patent Law of Lebanon was published on August 7, 2000 and enforced on August 14 of the same year. This law expands the scope and term of patent protection and better meets the requirements of TRIPS. This law applies to such fields as patents, trade secrets, integrated circuit layout designs and new plant varieties.

According to this law, the inventor can be granted the patent for his invention. Whether a patent can be granted for an invention depends on whether the invention is novel, creative and industrially useful. The patent term extends from original 15 years to current 20 years from the application date. Any stakeholder is allowed to make a request to the Patent Office for revocation of the patent in any circumstance of invalidation as prescribed in law.

IP protection will be provided for integrated circuit layout designs in Lebanon on the condition that applications are made within 2 years after the first commercial promotion and the designs are implemented within 15 years after the completion of development.

Trademark

The trademark system of Lebanon is still based on the Commercial and Industrial Property Laws and Systems of 1924, of which some clauses were amended in 1946.

In Lebanon, applications can be made for the registration of one or more kinds of commodities as trademarks. If the examination is passed, the term of a registered trademark is 15 years from the application date and can be renewed for unlimited times upon the expiration. The transfer of trademarks must be recorded in the Trademark Office to defend against any third party. The “Must-Be-Used” condition is not a requirement for the registration and renewal of trademarks.

Copyright and Neighboring Right

The Copyright Law of Lebanon was published on April 3, 1999 and implemented on June 6, 1999. This law contains the principle of automatic protection, meaning a copyright owner can be automatically protected by the copyright without registration. This law expands the protection scope from the inclusion of the literary and artistic works to covering computer software, TV and film programs and all the audiovisual works. This law also protects foreign works in accordance with international treaties. What’s special about the new Copyright Law lies in the provisions that folk literatures forming part of cultural heritage are not protected while individual works inspired by subjects of folk literatures are protected.

The new Copyright Law also increases the punishment for any person in violation of copyright and the compensation for the infringed. Three kinds of acts that shall be criminally punished are listed in the legal text: (1) Counterfeit the name of others in the publication of literary and artistic works; counterfeit behavior by imitating the author’s signature or mark to mislead the readers; know the consequences and still pirate literary and artistic works and sell, harbor, and organize the sales or distribution of pirated works. (2) Know the consequences and still damage or intend to damage the copyright or neighboring rights for making profits. (3) Manufacture and import for the purposes of sales and rental, as well as sell, install or lease any equipment that may be used by someone without access to receive radio and TV programs.

Trade Secret

Trade secrets are only protected in Lebanon if: (1) the holder of trade secret information obtains the information legally; (2) the confidentiality has technical or commercial values; (3) corresponding confidentiality measures are taken by the information holder. Manufacturing processes and research and experiment results conforming to law shall be protected as secret information.   

Industrial Design and Model

The protection of industrial designs and models is subject to the Commercial and Industrial Property Laws and Systems of 1924. The term of protection is 5 years from the application date and can be renewed upon expiration. Industrial designs and models have to be novel for registration, which will not be influenced by any act of advertisement and test-marketing before registration applications. There is no procedure for objection to industrial designs and models in Lebanon. Industrial designs and models can be transferred but are not applicable to the compulsory licensing system. Any infringement of effective industrial design or model will be fined and even imprisoned for a period between 2 months and 2 years.