General Questions
Find answers to common questions about intellectual property, patents, trademarks, and more at Confidence. Get the insights you need to protect your innovations.
What is the crime of imitating invention?
The Penal Code stipulates that any injury caused by knowledge of rights derived from a patent, which has been granted and published in accordance with the law, shall be considered a misdemeanour of tradition, shall be punishable by a fine and may, in specific circumstances, amount to imprisonment. The planned investment of the patent owner falls into the right of ownership, and just as theft is punishable by law, as well as invention, its tradition is punishable by law.
To consider that there exists a crime of tradition, a copycat’s invention must have been patented and published in accordance with the law. Thus, the tradition of any invention that has not been patented does not have the elements of the crime of tradition, which is the importance of registration, which preserves rights.
Are there conditions for brand protection?
It is known that it is not enough for the brand to take a particular form, so that it enjoys legal protection, but rather the law requires three conditions for it to obtain protection:
a- Be characteristic.
b- Be new and not used.
c- Be legitimate, i.e. not contrary to public order and morality.
Who is entitled to seek innocence?
Everyone has the right to seek innocence in Lebanon, whether Lebanese or foreign.
What are the procedures and documents required to obtain the patent?
1- Special signature power of attorney.
2- Sealed cover contains two copies of each of the following papers:
• Description and summary of the invention.
• A list of demands highlighting the elements of granny and innovation to be protected.
• Summary of the description of the invention in Arabic
• Illustrations of the invention if they are necessary to understand it.
• List of attached papers.
3- If the invention involves a vegetable product or microorganism, a form of which shall be deposited with the central laboratory of the Ministry of Public Health, which shall hand over the patent applicant a statement of the number and the date of its deposit within the period of five decades from the date of the application. The Property Protection Authority shall take note thereof.
4- The application is submitted in Arabic, but the description of the invention, the claimant’s regulation and illustrations may be provided in Arabic, French or English.
5- It should be mentioned in the application:
• The title of the invention.
• The name of the patent applicant.
• His career.
• Nationality.
• His place of residence.
• The name and address of his agent.
• The date of filing the first patent application abroad if it exists.
• The priority set out in article IV of the Paris Union Agreement for the amended 1883 year may be claimed upon submission of the application, within two months of the date of deposit, provided that the patent applicant submits a certified copy. The first application is accompanied by an official certificate confirming its date and its number is three months from the date of deposit of the application Lebanon.
What is the crime of imitating a drawing or industrial model?
Penalties for the offence of imitating a drawing or industrial model require three conditions:
a. There must be a tradition of drawing or model, taking into account in tradition similarities, not disagreements, and sufficient similarity that would deceive the consumer.
b-The drawing or form must be deposited, and this is also an indispensable requirement for abetting criminal protection.
c. The drawing or form must be published at the time of the tradition.
Who has the right to deposit his mark in Lebanon?
The right to deposit the mark is established for all owners of the mark whose goods are sold or offered for sale, or manufactured in Lebanon, whether they are Lebanese or foreigners, even if they are not residing in Lebanon.
What rights do copyright grant?
The author’s copyright is granted two types of rights:
a. Economic rights that enable the owner to earn financial returns when the third party uses his or her works and creations.
b. Moral rights that protect the author’s uneconomic interests.
How to protect the brand?
The protection established for the ownership of the mark varies depending on whether the mark is deposited or not. The ownership of the mark deposited is protected by criminal sanctions imposed on anyone who assaults this right in any way, as well as the owner’s right to bring an unlawful competition action for compensation.
The non-deposited mark does not enjoy criminal protection, and its owner only has civil protection under the unlawful competition action.
How to protect the brand internationally?
A system of international deposit of trademarks has been developed to protect them internationally. Exempt owners from depositing marks in individual countries in accordance with the Madrid Convention of 14 April 1891, amended by Brussels on 14 December 1900, by Washington on 2 June 1911, by The Hague on 6 November 1925 and by London on 2 June 1934.
Under the Madrid Convention, any person belonging to or residing in a Contracting State, or having a place of business, may request the deposit of his or her mark in an international deposit with the International Office for the Protection of Industrial Property in Bern, provided that it is initially deposited in its State.
An international deposit entails that the mark is protected in all Contracting States as if it were deposited in each of them.
Required Documents to Establish a Company
1- A copy of each partner’s ID card with a statement of place of residence, except for shareholders and recommendation partners.
2- Company’s business name or name.
3- Company theme.
4- Locations where the company has branches or agencies whether in Lebanon or abroad.
5- The names of the partners or other persons authorized to run the company and manage or sign its affairs.
6- The company’s capital and the amounts or securities incurred by shareholders or recommendation partners, as well as the value of money or other funds provided to the company.
7- Company Start Date, and Expiry Date.
8- What is a company?
9- The minimum capital of the company is subject to change.
10- A municipal registered lease document specifies the subject matter of the trade as well as a title deed proving that the lessor is the owner.
11- A real estate statement or a copy of the title deed that he owns, or if he belongs to relatives, a copy of the title deed + tolerate its use as a commercial center signed by the notary, a condition of not less than 1,800 shares.
12- The company’s constituent system is signed by the notary.
13- A copy of the lawyer’s card.
Documents required to establish an institution
1- Copy of ID card or individual registration.
2- A municipal registered rental bond specifies the subject of the trade and a title deed proving that the landlord is the landlord.
3- A real estate statement or a copy of the title deed that he owns, or if he belongs to relatives, a copy of the title deed + tolerate its use as a commercial center signed by the notary, a condition of not less than 1,800 shares.
4- A permit from the National Social Security Fund is valid for registration of an enterprise.
5- Commercial Register (Trader).
6- Private agency of notary to register an institution.
7- His trade name, where appropriate, and his pseudonym.
8- His original nationality, and if he had another nationality, shows how he had it with history.
9- If it relates to a married woman of a foreign nationality, the Personal Status Act governing him shall require that she not engage in trade except on the licence of her husband.
10- The marital convention of a dealer of foreign nationality unless the spouses are subject to the legal system of participation.
11- Trade theme.
12- Locations where the shop’s branches or agencies are located in Lebanon or Syria.
13- The address or trade name of the enterprise.
14- Commissioners’ names, fame, date of birth, place of birth and nationality.
15- Businesses invested previously by the permit holder and invested immediately in other areas.
What documents are required to account for the legacy
1- Replica of Death Document. (No. 2)
2- A photograph of the deceased’s identity.
3- Replica of a new family record statement. (No. 2)
4- A copy of a family registration statement for married family members. (No. 2)
5- Certification of the inventory of inheritance from the shop’s selectors in the names of the heirs. (No. 2)
6- A copy of the instrument of the will.
7- Fee of transition from finance.
8- Copy of title deeds or real estate statements of properties owned by the deceased.
9- Copy of ownership documents of boats, cars and machinery.
10- A copy of the data proving the deceased’s ownership of the securities and shares or others.
11- Private agency certified by the notary.