: There are various limitations on the rights of the trade mark proprietor.
One of these limitations is that the proprietor of a trade mark registration cannot stop use of the trade mark on genuine goods where the packaging is not materially altered or damaged.
Another limitation makes it lawful to use a registered trade mark in relation to spare parts.
There is specific provision in the Act for the registration of collective marks and certification marks.
When it comes to shapes, there are the usual exceptions regarding shapes that result from the nature of the goods, as well as any shape that ‘An application can be refused on various grounds including a conflict with an earlier registered trade mark or Geographical Indication, a mark that is well known in Liberia, and an unregistered mark or copyright or industrial design.
There is provision in the Act for opposition to trade mark applications.
When it comes to enforceability, the Act creates certain limitations.
Registration does, however, does create a presumption that the name is a Geographical Indication.
Registration: Groups of producers or competent authorities can apply for the registration of a Geographical Indication.
The Act covers all aspects of IP law: patents; utility models; layout designs of integrated circuits; industrial designs; trade marks; trade names; geographical indications; copyright and related rights.
Crucially the Act also deals with enforcement, seemingly in recognition of the fact that counterfeiting is one of the greatest problems that IP owners face in Africa right now.
The exclusive right to exploit the design includes the right to make, sell or import an article bearing the design or something that is There are limitations to the exclusive right to exploit the design and these include: use in relation to genuine goods; acts done privately for non-commercial purposes; acts done for teaching, scientific research or experimental purposes; the reproduction of features that are dictated solely by function.