Recent updates to global intellectual property regulations include the implementation of Libya's new trademark law, reforms to Turkey's trademark laws, and adjustments to patent examination fees in the UAE, marking a step towards more efficient and modernized intellectual property management.

Implementation of New Trademark Regulations in Libya

On January 24, 2024, Libya's Minister of Economy issued Resolution No. 26 of 2024, which includes the implementation regulations of Chapter One, Volume Ten of the "Commercial Activities Law" concerning trademarks. The new regulations provide a comprehensive framework for trademark examination and include the following key provisions:

1. Trademark applications can be submitted electronically on a dedicated platform (details of this platform will be released later).

2. Sound trademarks can now be registered.

3. Adoption of the 11th edition of the Nice International Classification.

4. If the trademark contains one or more words written in a language other than Arabic, it must be legally translated into Arabic along with its phonetic pronunciation.

5. If no specific color is designated for the trademark, registration is only valid in black.

6. Electronic publication of trademarks has been implemented.

7. The opposition period has been reduced from 60 days to 30 days.

8. Official fees at the Trademark Office have increased.

Transfer of Trademark Cancellation Authority to the Turkish Patent and Trademark Office

As of January 10, 2024, Turkey has implemented a significant reform in its trademark law. This reform transfers the authority to handle trademark cancellation cases from the court system to the Turkish Patent and Trademark Office (TPTO). The move aims to simplify legal procedures and enhance efficiency.

The reform specifically targets trademarks that have not been used, have become generic names, are misleading, or fail to comply with specific technical standards. The goal is to handle these cases more swiftly and economically through administrative means, which is expected to encourage more cancellation applications, especially for unused trademarks.

Under the new system, applicants should be aware of several points:

1. Cancellation cases examined by the Turkish Trademark Office will be easier and less costly compared to court proceedings.

2. If facing opposition, applicants can challenge the opposer’s earlier registered trademark with a non-use cancellation application if conditions are met, using this as a tactic to win the opposition case.

3. Non-use cancellation applications may become a common strategy to clear prior trademark obstacles for registration approval.

4. However, caution is advised—as the simplification of cancellation procedures also inadvertently benefits malicious trademark squatters or infringers, as they too can use this relatively simple administrative route to invalidate the trademarks of rightful owners.

While the specific examination and decision-making methods are not yet fully public, the industry generally believes that this reform will make the trademark cancellation process more efficient. Traditional court processes often involve expert committees and on-site inspections. With the TPTO implementing these new regulations, there will be a significant shift in the cancellation process compared to traditional court evaluations. This reform in Turkish trademark law undoubtedly requires all stakeholders to stay informed of the latest developments and adjust their strategies and actions accordingly. As the new system is gradually implemented, Turkey's trademark legal environment is expected to become more efficient and transparent.

New Rules for Patent Examination Fees in the UAE

Recently, the Patent Office of the United Arab Emirates announced the implementation of a new patent examination procedure, which will apply to both new and previously unexamined pending patent applications.

Under the new procedure, examiners can issue a "Fee Correction Order" for specific services. For instance, an additional official fee of AED 1000 (approximately 274 USD) will be charged for patents with more than 10 claims but up to 30 claims; for patents with more than 30 claims but up to 50 claims, an additional fee of AED 2000 (approximately 548 USD) will be added.

Moreover, for some minor errors that may be present, examiners may also decide to charge a correction fee of AED 2000 (approximately 548 USD).