LIBYA
Since June 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Libya is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
LIBYA
Since March 1968
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 9 of 1968 Issuing the Copyright Protection Law
قانون رقم 9 لسنة 1968 م بإصدار قانون حماية حق المؤلف
قانون رقم 9 لسنة 1968 م بإصدار قانون حماية حق المؤلف
Libya has a copyright regime under the Law No. 9 of 1968, issuing the Copyright Protection Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 14-17 list the exceptions, which include copying articles in newspapers and periodicals, statements or speeches on television and radio, short quotations in school books, among others.
Coverage Horizontal
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Libya has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Libya has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Libya lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
LIBYA
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Libya to deliver telecom services to end users, and it is not practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
LIBYA
Reported in 2021, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
De facto FDI restriction
Foreign investors face no specific restrictions under Law No. (22) of 1378 FDP (2010 AD) on Telecommunications. However, it is reported that the fixed telecom sector is reserved exclusively for the state-owned Libyan Post Telecommunications and Information Technology Company (LPTIC). The regulatory framework defines three licensing categories in the telecommunications sector:
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
Coverage Fixed-telecommunications sector
Sources
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3070292&id2=&id3=&sPath=000021090010901&mzMode=Modes3
- https://web.archive.org/web/20231207224142/https://www.cim.gov.ly/electronic-services-licenses
- https://web.archive.org/web/20240522042148/https://security-legislation.ly/latest-laws/law-no-22-of-2010-on-communications/
- https://web.archive.org/web/20231023103718/https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-22-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D...
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LIBYA
Since April 2005
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Decree No. 63 of 2005 establishing the Libyan Post, Telecommunications and Information Technology Company
قرار رقم 63 لسنة 2005 م بإنشاء الشركة الليبية للبريد والاتصالات وتقنية المعلومات
قرار رقم 63 لسنة 2005 م بإنشاء الشركة الليبية للبريد والاتصالات وتقنية المعلومات
The Libyan government retains significant ownership in the telecommunications sector, primarily through the Libyan Post, Telecommunication and Information Technology Company (LPTIC), one of the country’s largest state-owned enterprises. Established under Art. 1 of Decree No. 63 of 2005 as a public holding company affiliated with the General Authority for Information, Documentation and Communications, LPTIC assumed control of the General Company for Post and Telecommunications, Al Madar Company, Libya Telecommunications and Technology Company, and Libyana Company pursuant to Art. 5 of the same decree. Al Madar Al Jadeed, founded in 1995 as Libya’s first mobile network operator and data provider, remains government-owned, while Libya Telecommunications and Technology Company, created in 1997, currently delivers integrated services including Internet connectivity, voice communications, hosting, and data transfer. Other entities, such as Libyana, also continue to operate under the LPTIC umbrella.
Coverage Telecommunications sector
LIBYA
Since October 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree No. 944 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
Art. 18 stipulates that foreign participation in joint ventures may not exceed 75%; however, this limit may be raised to a maximum of 89% by a reasoned decision of the Minister.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251215180428/https://lawsociety.ly/en/legislation/decree-no-944-on-the-foreigners-participation-and-foreign-companies-branches-and-representative-offices-in-libya/
- https://web.archive.org/web/20251224150836/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4864/libya-issued-decree-broadening-foreign-participation-in-business-activities
LIBYA
Reported in 2021, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
De facto FDI restriction
Foreign investors face no specific restrictions under Law No. (22) of 1378 FDP (2010 AD) on Telecommunications. However, it is reported that the fixed telecom sector is reserved exclusively for the state-owned Libyan Post Telecommunications and Information Technology Company (LPTIC). The regulatory framework defines three licensing categories in the telecommunications sector:
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
Coverage Fixed-telecommunications sector
Sources
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3070292&id2=&id3=&sPath=000021090010901&mzMode=Modes3
- https://web.archive.org/web/20231207224142/https://www.cim.gov.ly/electronic-services-licenses
- https://web.archive.org/web/20240522042148/https://security-legislation.ly/latest-laws/law-no-22-of-2010-on-communications/
- https://web.archive.org/web/20231023103718/https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-22-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D...
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LIBYA
Since October 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree No. 944 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
Art. 5 of Decree No. 944 stipulates that foreign nationals are prohibited from engaging in import and export activities, which are reserved exclusively for domestic persons.
Coverage Import and export activities
LIBYA
Since October 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Decree No. 944 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
Under Art. 23 of Decree No. 944, foreign companies may establish branches in Libya provided that a Libyan national is appointed as either the branch manager or the deputy branch manager. This requirement applies to the sectors identified in Art. 21, which include telecommunications and information technology.
Coverage Several sectors, including telecommunications and information technology
Sources
- https://web.archive.org/web/20251215180428/https://lawsociety.ly/en/legislation/decree-no-944-on-the-foreigners-participation-and-foreign-companies-branches-and-representative-offices-in-libya/
- https://web.archive.org/web/20251224171611/https://srdb-lawfirm.com/libya-a-new-frontier-for-foreign-companies/
LIBYA
Since January 2010
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Resolution No. 499-2010 Issuing the Executive Regulations of Law No. 9-2010 Regarding Investment Encouragement
According to Resolution No. 499 of 2010, permission to establish, develop, rehabilitate, manage or operate an investment project is issued by a decision from the Ministry of Economy and Trade (MET) based on the recommendation of the Privatization and Investment Board (PIB), which enjoys exclusive jurisdiction to issue licenses (Art. 6). After obtaining the approval, the investor applies for the investment register (Art. 20). It is reported that the PIB’s screening process for investors and criteria are not published or transparent. It is further reported that the PIB says it evaluates bids or proposals for their compatibility with Libya’s national security, sovereignty, and economic interests.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230331060316/https://ejraat.gov.ly/media/ExeutiveLawNo9.pdf
- https://web.archive.org/web/20240718111654/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-499-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%A5%D8%B5%D8%AF%D8%A7%D8%B1-%...
- https://web.archive.org/web/20240305061301/https://www.state.gov/reports/2023-investment-climate-statements/libya/
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LIBYA
Since January 2010
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Resolution No. 499-2010 Issuing the Executive Regulations of Law No. 9-2010 Regarding Investment Encouragement
According to Art. 5 of Resolution No. 499 of 2010, the minimum value of foreign capital, or in the case of participation with national capital in the investment project, is LYD 5 million (approx. USD 1 Million).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230331060316/https://ejraat.gov.ly/media/ExeutiveLawNo9.pdf
- https://web.archive.org/web/20240718111654/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-499-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%A5%D8%B5%D8%AF%D8%A7%D8%B1-%...
- https://web.archive.org/web/20231205082924/https://lawsociety.ly/web/20231205082924/https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-9-%D9%84%D8%B3%D9%86%D8%A9-2010-...
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LIBYA
Since March 1959
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 8-1959 on Patents and Industrial Designs and Models
قانون رقم 8 لسنة 1959م بشأن براءات الاختراع والرسوم والنماذج الصناعية
قانون رقم 8 لسنة 1959م بشأن براءات الاختراع والرسوم والنماذج الصناعية
According to Art. 4 of Law No. 8-1959, other than Libyans and public corporations, only foreigners who fit the following conditions may apply for a patent in Libya: natural persons who reside in Libya or have industrial or commercial companies in Libya or who are citizens of a country that treats Libya reciprocally, or who reside in these countries or have a real physical residence there, as well as entities who are established in Libya or countries with reciprocal treatment. Art. 49 stipulates that applicants who have filed to obtain a patent in one of the countries that treat Libya reciprocally and wish to apply for the patent in Libya need a local representative.
Coverage Horizontal
