RESTRICTED  
  
WT/ACC/LBR/9/Rev.1  
 
21 July 2015  
(15-3741)  Page: 1/11  
Working Party on the Accession of Liberia  Original: English  
 
  
ACCESSION OF LIBERIA 
IMPLEMENTATION OF THE WTO AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL 
PROPERTY RIGHTS (TRIPS) 
Revision 
 The following submission, dated 21 July 2015, is being circulated at the request of the 
Government of the Republic of Liberia. 
 
_______________ 
 
 WT/ACC/LBR/9/Rev.1 
 
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TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Compliance with Articles 1 through 12 and Article 19 
of the Paris Convention for the Protection of Industrial Property in respect of Parts II, III, and IV of the TRIPS Agreement. TRIPS Article 2. Liberia is a Party to the Paris Convention and 
observes Article 1 through 12 and Articles 19 of the Convention. Upon enactment of the Draft Intellectual Property Act, Liberia will adhere to Article 2 of the TRIPS under Part VI, Sub-Part B covering Industrial Property Rights. 
Under Paris, Article 1(2), industrial property has as its object patents, utility mo dels, industrial designs, 
trademarks, service marks, trade names, indications 
of source or appellations of origin, and the repression of unfair competition. Liberia adheres to Article 1 (2), under Paris 
Convention for the protection  of industrial property 
mentioned in the TRIPS Agreement.  Under the Draft Intellectual Property Act, the protection of industrial property is found under Part  VI, Sub-Part B, Section 
10 for Trademarks, Section 11 for Geographical Indications, Section 12 for Industrial Design, Section 13 for Patent and Utility Models and Section 14 for Layout Designs of Integrated Circuits.  
In Paris,  Article 1(3), indu strial property applies not 
only to industry and commerce proper, but to agricultural and extractive  industries and to all 
manufactured or natural products, e.g., wines, grain, 
tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour. Liberia adheres to this in Sub-section 11.1 (Scope of 
Protection); and Sub-section 13.3 (Patentable Inventions); of the Draft Intellectual Property Act. 
Under Paris, Article 2, nationals of Members are to enjoy in other Members the advantages that their respective laws grant to nationals, and shall have the same protection and the sa me legal remedy against 
any infringement of their rights if they conform to the conditions and formalities imposed upon the Member's nationals. Liberia does adhere to Article 2 of the Paris 
Convention.  Under the Draft  Intellectual Property Act 
 
Part V Section 8 on National Treatment states: "the Liberia Intellectual Property Office shall accord to the nationals of other Member States, treatment no less favourable than that it accords to its own nationals with regard to the protection of intellectual property rights…" 
Paris,  Article 3, requires that nationals of non-Member countries domiciles or that have "real and effective" industrial or commercial establishments in a Member country be treated as nationals of a Member country. Liberia adheres. It can be found under Sub-section 
8.1(a) of the Draft Intellectual Property Act. 
Under Paris, Article 4.a right of priority is to be given 
an applicant for a patent, for registration of a utility model, an industrial design, or of a trademark who has filed the equivalent of a regular national filing under the domestic legislation of a Member country.  The periods of priority are to be 12 months for patents and utility models, an d 6 months for industrial 
designs and trademarks.  The Article discusses the 
technical details of granting priority in depth. Liberia adheres to Article 4 of the Paris Convention in 
regards to the right of priority in the Draft Intellectual Property Act Part VI Sub Part B, Section 10.5 for Trademarks, Section 12.4 for Industrial Design and Section 13.7 for Patents and Utility Models.   
Article 4 bis states that patents obtained for the same 
invention in various members of the Paris Union are independent of each other. Liberia adheres. This can be found under Sub-sections 
13.15 (International Application Under the Patent Cooperation Treaty) and 13.16 (Filing Dates and Effects of International application Designating Liberia) of the Draft Intellectual Property Act.  
Article 4 ter requires that inventors have the right to 
be named as such in the patent. The Draft Intellectual Property Act Part VI Sub Part B 
Section 13.4: Right to Patent; Naming of Inventor (I) states that the Inventor shall be named as such in the patent, unless he indicates to the Director General in writing that he wishes not to be named.   
Under Article 4 quater  restrictions or limitations on the 
sale of a patented product or a product produced by a patented process cannot be the grounds for refusing a patent or invalidating one already issued.  Under Article 5(A)(1), importatio n of a patented product 
manufactured in a Paris Union country cannot be the basis of forfeiture of the patent.  Article 5(A)(2) and (3) authorize countries to use compulsory licensing as a means to prevent abuses, such as the failure to work, but they may not forfeit a patent unless the 
grant of a compulsory licence would not be sufficient 
to prevent the abuse.  Proceedings for forfeiture or (a) Liberia adheres. The reasons for refusing or 
invalidating a patent as stipulated in the Section 13.14 which makes reference to Sections 13.1, 13.2 and 13.4 (h) thru (j) of the Draft Intellectual Property Act do not include or limit the sale of patented a product or a product produced by a patented process.  
(b)  Section 13.14 (Invalidation; Surrender) of 
the Draft Intellectual Property Act does not 
stipulate forfeiture of a patent for a patented 
product manufacture in a Paris Union WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
revocation cannot be institute until two years after 
the grant of the first compulsory licence. country. 
(c) Liberia adheres to this provision and it can 
be found under Section 13.13 (Compulsory License (Other use without Authorization of the Right Holder)) of the Draft Intellectual Property Act. 
Article 5(A)(4) prohibits application for a compulsory licence for failure to work until four years have passed since tile application was filed or three years from date of grant and no compulsory licence is to be 
granted if the patentee justifies the failure to work.  
Licenses are to be non-exclusive, and may not be transferred except with the enterprise or goodwill that exploits the licence.  Article 5(B) prohibits forfeiture of industrial designs for failure to work or for importing articles corresponding to those that are protected. (a) Liberia adheres to Article 5(A)(4) in the Draft 
Intellectual Property Act in Part VI Sub Part B Section 13.13 covering compulsory licenses.  
(b) Section 14.2 (b) (Originality) of the Draft 
Intellectual Property Act covers Article 5(B). 
Article 5(C) prohibits cancellation of a mark for 
unjustified non-use before a reasonable period of time has passed and permits the pr oprietor to use differing 
elements that do not diminish the distinctive character of a mark wi thout invalidating the 
registration or di minishing the protec tion granted the 
mark.  Concurrent use of th e mark by co-proprietors 
is permitted so long as th e public is not mislead. Liberia adheres to Article 5(C) (1) (2) and (3) of the 
Paris Convention.  This is found under Section 10.10 (e) (i) (ii) (iii) and (iv) of the Draft Intellectual Property Act. 
Under Article 5(D), protection of patents, registered 
trademarks, and industrial designs cannot be conditioned upon indication or mention of such patent, trademark registration, or industrial design protection. This is found under Section 10.5 and 10.24 of the 
Draft Intellectual Property Act. 
Article 5 bis requires that a grace period of at least six 
months be provided for the payment of maintenance fees for industrial prop erty, but a surcharge is 
permissible.  Countries are authorized to restore 
patents that lapsed fo r non-payment of fees. Liberia adheres to Article 5 bis of the Paris Convention. 
 
This is found under Section 13.12 Subsection (b) of 
the Draft Intellectual Property Act. 
Article 5 ter prohibits a Paris Member from making use 
of patented devices aboard a vessel, aircraft, of land vehicle temporarily or accidentally in the territory or the Member. Liberia adheres to this Article, which is found under 
the Draft Intellectual Property Act section 13.11(viii). 
Article 5 quater  requires that process patent owners 
have all the rights agai nst an imported product 
produced by the patent process that they would have 
with respect to products manufactured at home. Liberia adheres to Article 5 quarter  of the Paris 
Convention.  It is found under Section 13.11(1) of the 
Draft Intellectual Property Act.  
Article 5 quinquies  requires that Paris Members protect 
industrial designs. Liberia adheres to Article 5 quinquies  of the Paris 
Convention. Is found under Section 12.1 and 14.1 of the Draft Intellectual Property Act. 
Article 6 makes the conditions for filing and registration of trademarks subject to domestic 
legislation but also make s filing and registration 
independent of those in other countries, including the country of origin. Liberia adheres to Article 6 of  the Paris Convention.  It 
is found under Section 10.5 (Application for 
Registration, Right of Priority, Subpart "B", (Industrial 
Property Rights), Part I of the Draft Intellectual Property Act. 
Article 6 bis requires parties, ex officio if legally 
possible or at the request of  an interested party, to 
refuse to register or, for a period of at least 5 years, to cancel the registration of a trademark confusingly 
similar to a well-known mark.  No time limit is placed on a mark used in bad faith. Liberia adheres to Article 6 bis of the Paris Convention. 
 
This Article is found under Section 10.10. 
(Invalidation; Revocation), Subpart "B", Industrial Property Rights, Section 10 (Trademarks) of the Draft Intellectual Property Act.  
Article 6 ter requires Members to refuse to register or 
to invalidate the registration that includes, without authorization, armorial bearings, flags, state emblems, official signs and hallmarks, etc.  An exception is provided for owners of rights acquired in good faith before the Convention entered into force for that country.   Liberia adheres to Article 6 ter of the Paris Convention. 
 
This Article is found under Part VI Sub Chapter B 
Section 10.2 (a) (viii) of the Draft Intellectual Property Act, which explicit ly references signs covered 
under Article 6ter of the Paris Convention. WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Article 6 quater  makes the assignment of a mark valid 
if the portion of the business or goodwill of the business together with the exclusive right to manufacture and sell the goods bearing the mark are also transferred.   Liberia Adheres to Article 6 quater  of the Paris 
Convention.  It is found under Part VI Sub Chapter B Section 10.16 (c) of the Draft Intellectual Property Act stating that a registered mark shall be assignable with the goodwill of the business in which the mark is used. 
Article 6 quinquies  requires that trademarks duly 
registered in a Member be accepted for filing in other Members, with certain rese rvations, and establishes 
the conditions under which a trademark may be 
denied registration or may be invalidated.   Liberia adheres to Article 6 quinquies  in the Draft 
Intellectual Property Act under Part VI Sub-Part B Section 10.7(b) where it references Article 6quinquies and list reservations an d condition on which a 
trademark maybe denied registration or invalidated.  
Article 6 sexties  states that Paris Members undertake" 
to protect service marks without being required to provide for their registration. Liberia adheres to Article 6sexties in Part VI Sub-Part 
B Section 10.15 of the Draft Intellectual Property Act where it allows for Service Marks subject to the provisions relating to the registration of trademarks shall be registrable in the same manner.  
Article 6 septies  requires that trademark owners be 
able to oppose or request cancellation of a 
registration of their tradem arks applied for by their 
agent or representative without their authorization "unless the agent or representative justifies his action. Liberia adheres to Article 6 septies  of the Paris 
Convention and allows under Part VI Sub-Part B 
Section 10.6(e) of the Draft Intellectual Property Act for any interested person to file a notice of opposition 
to registration of a trademark.   
Article 7 states that the nature of the goods to which a trademark is applied may in no case be an obstacle to the registration of the trademark. (Duplicate language is in TRIPS Article 15.4.) Liberia Adheres to Article 7 of the Paris Convention 
and is covered in the Draft Intellectual Property Act in Part VI Sub-Chapter B Section 10.4 covering registration in respect of particular goods. 
Article 7 bis requires that Member s permit registration 
of collective marks belong ing to associations the 
existence of which is not contrary to the law of the country of origin, even wh ere the association is not 
established in the country where protection is being sought. Liberia adheres to Article 7 bis of the Paris Convention. 
Under Part VI Sub-Part B Section 10.11 of the Draft Intellectual Property Act covering Collective Marks.  
Article 8 requires that tr ade names be protected by 
Members without the necessity of registration, whether or not the names are part of a trademark. Liberia adheres to Article 8 under the Draft 
Intellectual Property Act Part VI Sub-Part B Section 10.13 covering Trade Names. 
Article 9 requires seizure on importation or exclusion or goods bearing a trademark or trade name without authorization, unless a co untry's laws provide for 
neither remedy, in which case domestic actions and remedies must be available. Liberia adheres to Article 9 of the Paris Convention. 
 
Section 10.18 of the Draft Intellectual Property Act 
provides that "All goods unlawfully bearing a trademark or trade name contra ry to this Part shall be 
subject to seizure upon importation pursuant to customs laws and regulations, and the civil procedure law of Liberia".  
Article 10 applies the obligation of Article 9 to the direct or indirect use of false indications of source of goods, or false indication of the producer, manufacturer, or merchant of such goods. Liberia adheres to Articl e 10, which applies the 
obligation of Article 9 of the said Paris Convention. 
 
Section 11.11 of the Draft Intellectual Property Act requires that, "Where there is direct or indirect use of a false indication of the source of the goods or the 
identity of the producer or manufacturer or merchant, 
all goods affected shall be  subject to seizure upon 
importation into Liberia pursuant to the Customs Law".  
Article 10 bis requires Members to provide protection 
against unfair competition, including against acts that create confusion of various kinds about the goods or activities of a competitor , that consist of false 
allegations about a competitor, or that are apt to mislead the public regardin g a competitor's goods. Liberia adheres to Article 10 bis of the Paris 
C o n v e n t i o n .   I t  i s  f o u n d under Sub-section 10.8 
(Rights Conferred by Registration) Section 10. (Trademarks), Subpart "B", In dustrial Property Rights 
of the Draft Intellectual Property Act.  
Article 10 ter requires that Members undertake to 
assure to foreign nationals effective legal remedies to 
repress actions referred to in Articles 9, 10 and 10bis, and to allow federations and associations representing 
foreign businesses, on the basis of reciprocity, to take action in court and before administrative authorities to repress such acts.   Liberia adheres to Article 10 ter of the Paris 
Convention.  This is found under Section 16 (Civil and Administrative Procedures and Remedies), of the Draft Intellectual Property Act.  Article 9 is found under Section 3.53 (3), Ar ticle 10 is found under 
Section 3.73, and Article 10 bis is found under Section 
3.84 and emphasized under 3.74 (b).  WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Article 11 requires that temporary protection. 
consistent with domestic legislation, be afforded to patentable inventions, utility models, industrial designs and trademarks in respect of goods exhibited 
at official or officially recognized international exhibitions held in their territory. Liberia adheres to all manner of protection both 
temporary and long term. This can be found in Sections 10 through 14 under Sub Part B (Industrial Property Rights) of the Draft Intellectual Property Act. 
Article 12 requires Members to establish industrial property offices fo r patents, utility models, industrial 
designs and trademarks for the communication to the 
public through publication of  a periodic journal of the 
names of patent owners with a brief designation of 
their inventions, and the re production of trademarks. Liberia adheres. Section 5 of the Draft Intellectual 
Property Act establishes the Liberia Intellectual Property Office (LIPO), Subsection 5.8 of the Act mentioned supra, specifically establishes the 
Industrial Property Offices and appoints the Deputy 
Director General who is responsible for Industrial Property matters concerning  patents, utility models, 
etc. In Subsection 5.11, th e Registrar General has as 
one of his/her duties is the publication of patent journal. 
Article 19 authorizes Members to enter into separate and special industrial pr operty agreements among 
themselves, so long as those agreements do not contravene the provisions of Paris. Liberia adheres to Article 19 of the Paris Convention.  
National treatment, with exceptions allowed in the 
Paris, Berne and Rome Co nventions.  Article 3. Liberia adheres to Article 3 of the TRIPS Agreement 
and it can be found under Section 8.1 (National Treatment) of the Draft Intellectual Property Act. 
Most favoured nation treatment, with enumerated exceptions.  Article 4. Liberia adheres to Article 4 of the TRIPS Agreement 
and it can be found under Section 8.2 (Most Favoured Nation Treatment) of the Draft Intellectual Property Act. 
Copyright and Neighbouring Rights Citation to copyright and related laws 
Compliance with Articles I through 21 of the Berne Convention with the exception of Article 6 bis, 
Article 9.1. Liberia is a party to th e Berne Convention and 
observes Article 1 through 21 of the Convention.  This i s  f o u n d  u n d e r  P a r t  V I  S u b - P a r t  A  o f  t h e  D r a f t  Intellectual Property Act.  
Article 2 defines "literary and artistic works" as "every production in the literary, scientific and artistic domain whatever may be the mode or form of its expression," giving examples. Limitations related to speeches are provided in Article 2 bis. Liberia adheres to Article 2 of the Berne Convention 
by giving an extensive defini tion in of works protected 
under Copyright and Related ri g h t s  l i s t e d  i n  P a r t  V I  
Sub-Part A Section 9.1 of the Draft Intellectual Property Act. 
Article 3 requires that prot ection be provided to the 
works of authors who are nationals of Berne Union members and to works of nationals of non-Union countries if those works are published in a Union member simultaneously with publication in the non-Union country.   Liberia adheres to Article 3 under the Draft 
Intellectual Property Act Part VI Sub-Part A Section 9.2 (b) states that provisions of the Act shall apply to works that are eligible for protection by virtue and in accordance with International Conventions and Agreements Liberia is a party to. 
Article 4 requires that protection be provided cinematographic works not falling under Article 3 if the maker has a headquarters or habitual residence in a Union member and to wo rks of architecture or 
artistic works incorporated into a building or structure in a Union member. Liberia adheres to Article 4. Under Part VI Sub-Part A 
Section 9.2 (a) (iii) and (iv) referencing audio-visual work in general and archit ecture and artistic works 
incorporated into a building of the Draft Intellectual Property Act. 
Article 5 requires that authors enjoy the rights required by Berne and any other rights a country provides works on a national treatment basis without being subject to any formalities. Liberia adheres. It is found under Part VI Sub-Part A 
Section 9.2 of the Draft Intellectual Property Act. 
Article 7 requires that the term of protection for copyright be 50 years following the death of the author.  Special terms are authorized for cinematographic works, anonymous or pseudonymous works, photographic works an d works of applied art.  
Article 8 gives authors of protected works the exclusive right to make or authorize the making of translations of the work. (a) Liberia adheres to Article 7 of the Berne 
Convention. It is found under Part VI Sub Part A Section 9.20 of the Draft Intellectual Property Act covering the duration of Copyright and related rights. 
(b) Liberia adheres to the protections of Article 8 
under Part VI Sub-Part A Section 9.2 (c) of the Draft Intellectual Property Act covering the exclusive rights of a copyright owner. WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Article 9 requires that authors be given the exclusive 
right to authorize reproduction of the work in any manner or form with only limited exceptions that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author. Liberia adheres to Article 9 of the Berne Convention. 
 
It is found under Sections 9.27 and 9.28 of the Draft 
Intellectual Property Act. 
Articles 10 and 10 bis define certain authorized "free 
uses of works". Liberia adheres to Article 10 and 10 bis of the Berne 
Convention. These Articles are found under Subsections 9.8 (Fair Use), Subsection 9.9 (Quotation), Subsection 9.10 (Private reproduction for 
Personal Use), Subsection 9.11 (Temporary 
Reproduction), Subsection  9.12 (Reproduction and 
other Utilization for Teac hing); Subsection 9.13 
(Reproduction by Libraries and Archives); Subsection 
9.14 (Reproduction, Broadcasting and other Communications to the Public for information purposes); Subs ection 9.15 (Reproduction and 
Adaptation of Computer Programs); Subsection 9.16 (Visually and Aurally Impair ed Persons); Subsection 
9.17 (Ephemeral Recordings); Subsection 9.18 (Use for Public Security and for the Performances and 
Reporting of Proceedings); and Subsection 9.19 (Compulsory Licensing) of  the Draft Intellectual 
Property Act. 
Articles 11, 11 bis, and 11 ter require that authors of 
dramatic, dramatico-musica l and musical works and 
any translation thereof and authors of literary and artistic works, the exclusive right to authorize the public performance of their works, including by broadcast, public recitation and any communication to the public. Liberia adheres to these Articles mentioned in the 
Berne Convention. The exclusive right to authorize 
the public performance of the works of right holders, including by broadcast, publ ic recitation and any other 
communication to the public can be found in Subsection 9.2 (Criteria of eligibility of Protection; 
Exclusive Rights) of the Draft Intellectual Property Act. 
Article 12 requires that authors of literary or artistic works have the exclusive right to authorize adaptations, arrangements and other alterations of 
their works. Liberia adheres to Article 12 of the Berne Convention. 
 
It is found under Subsection 9.2 (c) (ii) of the Draft 
Intellectual Property Act.  
Article 13 authorizes countries to impose reservations and conditions on the excl usive right granted authors 
of musical works or written works that are recorded. Liberia adheres to this provision. Conditions on the 
exclusive rights granted authors of musical works or written works that are recorded can be found in Section 9.2 (Criteria of eligibility of Protection; Exclusive right) of the Draft Intellectual Property Act.  
Articles 14 requires that auth ors of literary and artistic 
works have the exclusive right to authorize the cinematographic adaptation and reproduction of their works and the distribution, public performance and communication to the public of the adaptation or reproduction, without the limitations authorized under 
Article 13(1). Liberia adheres to Article 13 of the Berne Convention. 
 
It is found under Section 9 of the Draft Intellectual 
Property Act.  
Article 14 bis specifies that a cinematographic work is 
to be protected as an original work without prejudice to any work that is adapted or reproduced and the author of the cinematographic work is to enjoy the same rights as the author of any other work. This is found under Part VI Sub-Part A Section 9.1, 
9.2 and 9.3 of the Draft Intellectual Property Act. 
Article 14 ter requires "droit de suite" in connection 
with subsequent sales works of art and manuscripts. This is found under Part VI  Sub-Part A Section 9.6 of 
the Draft Intellectual Property Act covering Economic 
Rights of the owner of a copyright. 
Article 15 requires that ownership of a work, for 
purposes of litigation, be presumed to be that which 
appears on the work in the usual manner. This is found under Part VI  Sub-Part A Section 9.22 of 
the Draft Intellectual Property Act. 
Article 16 requires that infringing copies of a work be subject to seizure whether domestically produced or imported.   Liberia Section 16.9 (Further Sanctions) of the Draft 
Intellectual Property Act is in compliance with this Article 18. 
Article 18 requires that copyright protection be 
applied to all works, which, at the moment Berne becomes effective, have not fallen into the public domain in the country of origin through the expiry of the term of protection. Liberia adheres.  This is found under Part VI Sub-Part 
A Section 9.1 and 9.2 of the Draft Intellectual Property Act.   WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Article 19 authorizes Union members to provide 
greater protection than t h a t  r e q u i r e d  b y  t h e  
Convention. This is found under Section 15 of the Draft Intellectual 
Property Act. 
Article 20 authorizes Union members to enter into special agreements among themselves to provide more extensive rights than those provided by Berne. Liberia adheres to Article 20.  It is found under 
Section 9.5 of the Draft Intellectual Property Act. 
Protect computer programs, whether in source or object code, as literary works under the Berne Convention.  Protect compila tions of data, whether in 
machine readable or other form are to be protected as intellectual creations if they constitute such.  Article 10. Under Part VI Sub-Part A Section 9.1 of the Draft 
Intellectual Property Act Liberia includes Computer Programs as Literary and Artistic work covered under the Act. 
Provide rental rights at le ast for computer programs 
and cinematographic works wi th certain exceptions.  
Article 11. Rental rights for computer programs and 
cinematographic works is pr ovided for in the Draft 
Intellectual Property Act under Part VI Sub-Part A Section 9.6 covering economic rights.  
Provide a term of protection of fifty years from the death of tile author (Berne Article 7.1 and TRIPS Article 9.1) or, for works the term of which is not 
measured by the life of the author, a term of 50 years from the end of the calendar year of authorized publication, or, if not published within fifty years from making, fifty years from the end of the calendar year of making.  Article 12. Liberia adheres to these terms and it can be found 
under Subsection 9.20 (Dur ation of Copyright and 
Related Rights) of the Draft Intellectual Property Act.  
Confine limitations and exceptions to exclusive rights 
to certain special cases which do not conflict with a 
normal exploitation of the work and do not unreasonably prejudice the right holder's legitimate interests.  Article 13.   Liberia adheres to Article 13 of the TRIPS Agreement. 
 
This is found under Subsection 9.8 of the Draft 
Intellectual Property Act. 
Provide performers with the right for 50 years from the date of a performance to prevent unauthorized fixation of their unfixed performances and of reproductions of such fixations and to prevent the unauthorized broadcast by wireless means and communication to the public of their live performances.  Article 14.1 and 5. This is found under Subsection 9.20 of the Draft 
Intellectual Property Act. 
Provide phonogram producers with the right for 50 years from the date of first authorized fixation to prohibit unauthorized reproduction of their phonograms, directly or in directly, and to prohibit 
rental of copies of their phonograms once sold or otherwise distributed.  Article 14.2, .4, and .5. This is found under Subsection 9.20 of the Draft 
Intellectual Property Act. 
Providing broadcasting organizations with the exclusive rights for 20 years of fixation, reproduction 
of fixations, and rebroadcas ting by wireless means of 
their  broadcasts and the communication to the public of broadcasts of their broadcasts or provide to the 
owners of the copyright in the material broadcast the 
possibility of exercising such rights.  Article 14.3 and 5. This is found under Subsection 9.20 of the Draft 
Intellectual Property Act. In the case of Liberia, the exclusive rights are for 50 years. 
Trademarks Citation to appropriate law 
Provide trademark or service mark protection for any sign, or combination of sign s capable of distinguishing 
the goods or services of one undertaking from those of other undertakings.  Article 15.1 Liberia adheres to Article 15.1 of the TRIPS 
Agreement.  It is found under Section 10 (Trademarks) of the Draft Intellectual Property Act.  
Not deny registration for a mark based solely on the nature of the goods or services to which a trademark is to be applied.  Article 15.4. Liberia adheres to arti cle 15.4 of the TRIPS 
Agreement. It is found und er Part VI Sub-Part B 
Section 10.1(a) of the Draft Intellectual Property Act clearly stating that the nature of the goods or services of which a trademark is to ap ply shall in no case form 
an obstacle to registra tion of the trademark. 
Trademarks must be publishe d before or shortly after 
registration to permit opposition or opportunity to 
apply for cancellation.  Article 15.5. This provision is found under Part VI Sub-Part B 
Section 10.6 and 10.7 of the Draft Intellectual 
Property Act. WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Provide trademark owners the exclusive right to 
prevent unauthorized use identical or similar marks for similar goods or services of other parties if confusion is likely to result.  Article 16.1. Liberia adheres. It is found under Part VI Sub-Part B 
Section 10.8 of the Draft Intellectual Property Act covering the rights conf erred by registration. 
Presume confusion where an identical mark is used 
without authorization on identical goods or services.  Article 16.1. Liberia adheres to Article 16.1 of the TRIPS 
A g r e e m e n t .   I t  i s  f o u n d  u n d e r  P a r t  V I  S u b - P a r t  B  Section 10.8(a)(v) of the Draft Intellectual Property Act.  
Provide protection for well know trademarks and service marks in accordance with Article 6bis, of the Paris Convention, even where use is on goods or services which are not similar to those in respect of which a trademark is register ed if the latter use would 
imply a connection with the right holder or would be likely to damage the right holder's interests.  Article 16.2 and .3. Liberia adheres.  It is found under Part VI Sub-Part B 
Section 10.2 (b) (ii) of the Draft Intellectual Property Act. 
Allow only limited exceptions to the rights conferred 
by a trademark such as fair use of descriptive terms.  
Article 17. Liberia adheres. It is found under Part VI Sub-Part B 
Section 10.8 (c) of the Draft Intellectual Property Act.  
Provide a period of protection for registration of at 
least seven years, renewable indefinitely.  Article 18. Liberia adheres under Part VI Sub-Part Section 10.9 
(a), (b) and (c) of the Draft Intellectual Property Act granting a period of protection for 10 years, which can be renewed indefinitely. 
Allow cancellation for non-use only after a period of three years of uninterrupted non-use unless valid 
reasons exist for the non-use, including government 
interference with us e.  Article 19.1. Liberia adheres.  It is found under Part VI Sub-Part B 
Section 10.10 (e) of the Draft Intellectual Property 
Act. 
No encumbering of the use of a trademark by special 
requirements.  Article 20. Liberia adheres.  It is found under Part VI Sub-Part B 
Section 10 of the Draft Intellectual Property Act.  
May establish conditions for licensing but compulsory licensing not permitted and owner of registered mark 
must be able to assign it with or without transfer of 
business.  Article 21. This Article is found under Part VI Sub-Part B Section 
10.8 (c) (e) and Section 10.16 of the Draft Intellectual Property Act, which specifically covers 
licensing, and the assignment of marks. 
Geographical Indications Citation to appropriate law or laws 
Provide means to prevent deceptive use of 
Geographical indications identifying location where a given quality, reputation or other characteristic of a good is attributable to its location.  Article 22.1 and 2. Refuse to register or invalidate registrations of trademarks containing geographical indications except 
in instances in which such marks have been used 
continuously for at least  10 years or in good faith before 15 April 1994.  Article 22.3. (a) Liberia adheres to Article 22.1 and 2. This is 
found under Subsection 11.1 (Scope of Protection) of the Draft Intellectual Property Act.   
(b) Adherence to Article 22.3 can be found under 
Subsection 11.9 (Limit ation and Exception) 
of the Draft Intellectual Property Act. 
Protect against use of geog raphical indications even 
when literally true but which falsely represent that the goods originate in another territory.  Article 22.4. Liberia adheres to Article 22.4 of the TRIPS 
Agreement. This is found under Section 11 of the Draft Intellectual Property Act.   
Protect, with certain exceptio ns, appellations or origin 
for wines and spirits even against use accompanied by 
expressions such as "kind," type," "style," etc. This is found under Subs ection 11.1 (b) Scope of 
Protection) of the Draft Intellectual Property Act.  
 
Protect, with certain exceptio ns, appellations or origin 
for wines and spirits even against use accompanied by expressions such as "kind," type," "style," etc.  Article 23.1 and 24. This is found under Subs ection 11.1 (b) Scope of 
Protection) of the Draft Intellectual Property Act.  
Refuse or invalidate, with certain exceptions trademark registrations containing geographical 
indications for wines and spirits if they do not 
originate in the place named.  Article 23.2 and 24. Liberia adheres to Articles 23.2 and 24 of the TRIPS 
A g r e e m e n t .   T h i s  i s  f o u n d under Subsection 11.1 of 
the Draft Intellectual Property Act. 
Industrial Designs Citati on to appropriate law 
Provide, with certain except ions, protection for new or 
original, independently crea ted industrial designs.  
Article 25.1. Liberia adheres to Article 25.1 of the TRIPS 
Agreement.  It is found under Section 14.1 (Subject Matter of Protection; Registration), of the Draft Intellectual Property Act. 
Ensure that requir ements for securing protection for 
textile designs are not prohibitive of such protection.  Article 25.2. Liberia adheres to this Article and it is found under 
Subsection 12.5 (Filing Date; Examination; Registration and Publication) 12.5(h) of the Draft Intellectual Property Act. WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Protection should last at leas t 10 years.  This is found under Subsection 12.7 (Duration of 
registration; Extension) of the Draft Intellectual Property Act. 
Patents Citation to appropriate law 
Provide patents for any inventions, whether products or processes, in all fields of technology if they are new, involve an inventive step and are industrially applicable.  Exceptions ar e permitted for plants and 
animals, except for microorganisms and non-biological and microbiological processes.  Exemptions are also permitted for reasons of order public and morality.  Article 27. Liberia adheres.  It is found under Part VI Sub-Part B 
Section 13.1, 13.2 and 13.3 of the Draft Intellectual Property Act covering Patent and Utility Models. 
Provide patent owners with the right to prevent others from making, using, offering for sale, selling or importing a patented produc t or from using a patent 
process or using, offering for sale, selling or importing a product produced directly using such process.  
Article 28.1. This Article is found under Part VI Sub-Part B Section 
13.11 of the Draft Intellectual Property Act covering rights conferred by a patent. 
Give patent owners the right to assign the rights in the patent, or transfer the rights by succession, or license them.  Article 28.2 Liberia adheres. It is found under Part VI Sub-Part B 
Section 13.4 (d) of the Draft Intellectual Property Act. 
Require applicants to disclose the invention so that one skilled in the art can carry it out and may require indication of the best mode and information on corresponding foreign applications.  Article 29. This Article is found under Part VI Sub-Part B Section 
13.5 (d) of the Draft Intellectual Property Act. 
Ensure that any exceptions to exclusive patent rights do not unreasonably conflict with normal exploitation of the patent and do not unreasonably prejudice the 
legitimate interests of the patent owner, taking third party interests into account.  Article 30. This Article is found under Part VI Sub-Part B Section 
13.11 of the Draft Intellectual Property Act covering the rights conferred by a patent and the limitations and exceptions. 
Compulsory licenses can be issued only when enumerated conditions are met, including such things 
as notice, remuneration, limitations on use and 
transfer of the licence, etc.  Article 31. Liberia adheres.  This is found under Part VI Sub-Part 
B Section 13.13 of the Draft Intellectual Property Act 
on Compulsory Licenses. 
Provide an opportunity for judicial review of decisions 
to revoke or forfeit a patent.  Article 32. This Article is found under Part VI Sub-Part B Section 
13.14 of the Draft Intellectual Property Act concerning Invalidation and surrender of patents. 
Provide a patent term of at least 20 years from the filing date.  Article 33. This Article is found under Part VI Sub-Part B Section 
13.12 of the Draft Intellectual Property Act. 
Shift the burden of pr oof in process patent 
infringement actions to the defendant in instances in which tile product produced by the process is new or 
where it is substantially likely that the identical product was made using the process and the patent owner has been unable through reasonable efforts to determine the process used.  Article 34. Section 16.2 (Evidence) of the Draft Intellectual 
Property Act adheres to Article 34. 
Integrated-Circuit Layout Designs Citation to appropriate law 
Provide protection for original layout designs of integrated circuits that are registered or have been commercially exploited anywhere in the world.  Articles 3, 4, 5, and 7 of the Washington Treaty as incorporated into TRIPS by Article 35. Liberia adheres.  This is found under Subsection 12.2 
of the Draft Intellectual Property Act. 
Make unlawful, except in certain circumstances, the reproduction, importation, sale or other distribution of a protected layout design or an integrated circuit 
embodying such design or an article containing such a 
microcircuit.  Article 6 of Washington and Article 36 of TRIPS. Liberia adheres. This provision can be found in 
Section 14.4 of the Draft Intellectual Property Act.  
Provide such protection for a term of  10 years from the films, of an applicatio n for registration or from 
first commercial exploitation.  Article 38. This is found under Subchapter 12.7 (Duration of 
Registration; Extension) of the Draft Intellectual Property Act.  
Undisclosed Information Citation to appropriate law or laws 
Provide protection for undisclosed information that is secret (not generally known or readily ascertainable); has commercial value because of its secrecy, and has been subject to reasonable steps to keep it secret.  Article 39.2. Liberia adheres. Section 16. 1 (Equitable Procedures) 
of the Draft Intellectual Property Act covers this provision. The protection of confidential information is guaranteed.  WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Protect data submitted to obtain marketing approval 
for pharmaceutical or agricu ltural chemicals utilizing a 
new chemical entity.  Article 39.3. Section 9.3 of the Draft Intellectual Property Act 
speaks to this.  
Enforcement Citation to appropriate law or laws 
- General Provisions  
Provide for effective action  against infringement of 
intellectual property rights without creating barriers to legitimate trade or opportunities for abuse.  Article 41.1. Section 16 (Civil and Administrative Procedures and 
Remedies) of the Draft Intellectual Property Act provides effective action against infringement without creating barriers to legitimate trade. 
Provide enforcement procedures that are fair and 
equitable and are not unnecessarily complicated or 
costly and do not entail unreasonable time-limits or unwarranted delays.  Article 41.2. This Article is found under Part VII of the Draft 
Intellectual Property Act covering Enforcement of 
Rights. 
Provide decisions on the merits based upon the evidence presented in the case to the parties, preferably in writing with the reasons explained.  Article 41.3. This is found under Part VII Section 16 of the Draft 
Intellectual Property Act covering civil and administrative procedures and remedies. 
Provide for appeals to judicial bodies of final administrative decisions and of at least the legal aspects of initial judicial decisions on the merits of a case.  Article 41.4. Liberia adheres. For judi c i a l  b o d i e s  o f  f i n a l  
administrative decisions, it is found under Part VII Section 16.8 of Draft Intellectual Property Act granting the right to Appeal. 
Civil and Administrative Pr ocedures and Remedies Liberia adheres.  Civil and Administrative procedures 
and remedies are found under Part VII Section 16 of the Draft Intellectual Property Act covering civil and administrative procedures and remedies. 
Provide a procedure that allo ws plaintiffs to bring an 
action for infringe ment; requires that defendants be 
notified; permits both side to present evidence in support of their position; and protects confidential 
information.  Article 42.  It is found Part VII Section 16 of the Draft Intellectual 
Property Act covering civil and administrative procedures and remedies. 
Authorize judges to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from 
the opposing party.  Article 43. 1.  Liberia adheres.  This is found under Part VII Section 
16.2 of the Draft Intellectual Property Act.  
Authorize judges to enjoin a defendant, except the government, from infringing intellectual property rights.  Article 44.1. Liberia adheres. This is fo und under Part VII Section 
16.3 of the Draft Intellectual Property Act covering injunctions. 
Authorize judges to order the payment of monetary damages adequate to compensate for the injury done by the infringement.  Article 45.1.  This is found under Part VII Section 16.4 of the Draft 
Intellectual Act covering Damages. 
Authorize judges to order infringer to pay right holders enforcement costs and recovery of profits and/or statutory damage s.  Article 45.2.  Liberia adheres to Article 45.2 and this can be found 
under Subsection 16.4 (Damages) of the Draft Intellectual Property Act.  
Authorize additional remedies including seizure of infringing goods, and the materials and implements 
the predominant use of which is infringement.  Article 46. This is found under Part VII Section 16.5 of the Draft 
Intellectual Property Act covering other remedies.  
Authorize indemnification of defendant, including attorneys' fees in the event of abuse by plaintiffs.  Article 48.1. This is found under Part VII Section 16.7 of the Draft 
Intellectual Property Act covering indemnification of the defendant. 
Exempt public authorities and officials from liability in connection with the administration of intellectual property laws only where the actions are taken or intended in good faith within the scope of tile relevant authority.  Article 48.2. Liberia adheres to this and it can be found under 
Subsection 4.3 of the Draft Intellectual Property Act. 
Ensure that administrative remedies conform to the principles in the preceding Articles.  Article 49. Liberia adheres.  It is found in Section 16.10 
(Administrative Procedures) of the Draft Intellectual Property Act.  
- Provisional Measures  
Authorize judges to grant temporary restraining orders and provisional relief to prevent infringement and to preserve evidence.  Article 50.1. L i b e r i a  a d h e r e s .   T h i s  i s  f o u n d  u n d e r  S e c t i o n  1 7  
(Provisional Measures) of the Draft Intellectual Property Act. 
Authorize judges to require the complaining party to indemnify the defending party against harm if the decision on the merits finds the provisional relief unjustified.  Article 50.3. Liberia adheres.  This is found under Section 16.7 of 
the Draft Intellectual Property Act. WT/ACC/LBR/9/Rev.1 
 
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  TRIPS Agreement Republic of Liberia 
General Obligations IP Agreements to which Liberia adheres 
Provide for notice, for formal action by the plaintiff 
after temporary restraining or ders, etc.  Article 50.4. Liberia adheres.  It is found under Section 16.1 (Civil 
and administrative Procedur es and Remedies) of the 
Draft Intellectual Property Act. 
- Border Measures  
Provide for suspension of release by customs authorities of goods suspected of bearing a counterfeit trademark or of being a piratical copyrighted work, either at the request of a right holder.  Members are auth orized to extend such 
protection to holders of other forms of intellectual property, Article 51. Liberia adheres.  This is found under Section 18.2 of 
the Draft Intellectual Property Act. 
Require right holders initiating border measures to provide evidence of a prima facie infringement and a description of tile goods sufficient for customs authorities to recognize them.  The right holder must be notified within a reasonable time is action will be taken on his behalf.  Article 52. Liberia adheres.  This is found under Section 18.3 of 
the Draft Intellectual Property Act. 
Authorize authorities to require the right holder requesting border measures to post a bond sufficient 
to protect the defendant and to prevent abuse.  Article 53. Liberia adheres.  This is found under Section 18.5 of 
the Draft Intellectual Property Act. 
Requires prompt notification of the right holder and the importer when action under Article 51 is taken.  Article 54. Liberia adheres.  This is found under Section 18.6 of 
the Draft Intellectual Property Act. 
Requires that customs authorities be notified within a maximum of 20 days of the receipt of notice that proceedings on the merits have begun or the suspension is to be revoked.  Article 55. Liberia adheres.  This is found under Part VII Section 
18.8 of the Draft Intellectual Property Act covering time limits for the release of goods. 
Authorities must be authorized to require the right holder to compensate the importer or owner of the 
goods subject to border measures if goods were wrongfully detained or if proceedings leading to a 
decision on the merits are not begun within tile 
allotted time.  Article 56. Liberia adheres.  This is found under Part VII Section 
18.12 of the Draft Intellectual Property Act covering compensation for wrongful detention. 
Right holders must be allowed to inspect the detained goods in order to substantiate the right holder's claims.  Importers must be given similar authority.  Members may give the right holder the names and addresses of those involved in the importation when infringement is found to exist.  Article 57. Liberia adheres.  This is found under Part VII Section 
18.11 of the Draft Intellectual Property Act covering the right of inspection and information to the Right Holder. 
Establishes the conditions that must be in place if customs authorities are author ized to act ex officio, 
including the ability to ask the right holder for information at any time; the requirement to notify the importer promptly of the suspension; and the requirement that public officials be liable if they act in bad faith.  Article 58. Liberia adheres.  This is found under Part VII Section 
18 of the Draft Intellectual Property Act concerning Border Measure Requirements  in general. Part VII 
Section 18.15 of the Draft Act covers the Liability o Customs Department. 
Competent authorities must be able to order destruction or disposal other than by re-export of infringing goods where appropriate.  Article 59. Liberia adheres.  This is found under Part VII Section 
18.10 of the Draft Intellectual Property Act concerning the destruction of goods and the submission to other customs procedures. 
Members are authorized to except from border measures small quantities of infringing goods of a non-commercial nature carried in personal luggage or shipped in small consignments.  Article 60. Liberia adheres.  It is found under Part VII Section 
18.13 of the Draft Intellectual Property Act covering De Minimis Imports.  
- Criminal Procedures  
Provide criminal procedures and penalties, sufficient to act as a deterrent, for wilful trademark counterfeiting or copyright piracy on a commercial scale.  Authorizes extension of criminal actions to other forms of intellectual property where infringements are wilful and on a commercial scale.  Article 61. Liberia adheres. Criminal procedures and penalties 
are provided for under Part VII Section 19 of the Draft Intellectual Property Act covering Criminal Sanction.  
 
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