INTELLECTUAL PROPERTY

The enactment of new legislation in 2000 in the areas of copyright, trademarks and patents has revamped the Maltese regulatory framework in this sector.

The Copyright Act 2000 generally transposes into Maltese law EC Directives in this area and is in-line with the WTO’s Trade-related Aspects of Intellectual Property Rights (TRIPS).

The Trademarks Act 2000 reflects the relevant EU Council Directive (89/104) on trademarks. The Act is also in-line with TRIPS. The Trademarks Act 2000 has included provision for the extension of the European Community Trademark regime to Malta.

A trademark may be registered in Malta in terms of the Trademarks Act 2000 if such sign is capable of being represented graphically; and which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trademark may, in particular, consist of words, figurative element, letters, numerals or the shape of goods or their packaging. Service marks, collective marks and guarantee or certification marks are also registrable. A trademark may be registered in Malta for ten years, renewable for further ten-year periods.

The Patents Act 2000 has incorporated the main provisions of the European Patent Convention (EPC) into Maltese law. This Act is also TRIPS compliant. An invention may be patented under Maltese law if it is novel, involves an inventive step and is industrially applicable. A patent may be registered in Malta for twenty years, and additional maintenance fees payable after three years.

The firm offers assistance to clients with trademark and patent registration as well as advice on clients’ copyright, trademarks and patents requirements.