Want to Protect your Intellectual Property?
[/pb_text][pb_accordion el_title=”Setting up a Fund in Malta” initial_open=”0″ multi_open=”no” filter=”no” appearing_animation=”0″ ][pb_accordion_item heading=”1. What is Copyright?” tag=”Citizen” ]Under Maltese law, copyright covers a number of exclusive rights that are owned by individuals or organisations in respect of an original work (be it an artistic work, a musical work, a work of literature, computer software, an audio-visual work, etc.). These rights include, among other things, the right to authorise or prevent third parties from reproducing (or ‘copying’) a work or a substantial part of it, from altering it or adapting it and from distributing or communicating it to the public. Similar rights (also known as related rights or neighbouring rights) are given to performers, producers of sound recordings, producers of audio-visual works and to broadcasters in respect of the exploitation and dissemination of their performances, sound recordings, audio-visual works or broadcasts. Although there exist a number of common or similar principles in copyright which are understood and treated in a like manner in various countries (in particular across the countries which are members of the European Union), there are however a number of differences and nuances. It is therefore always advisable to check the law properly (and preferably seek expert legal counsel) when trying to ascertain what type of protection you might have at law, in respect of any work which you might create or otherwise should you wish to use in any manner whatsoever the works of others.
Mamo TCV has years of experience in this area and we can guide you from the very beginning of the creation process all the way to the licensing phase and beyond. Mamo TCV can also assist you with any questions you may have regarding the possibility or otherwise of exploiting the works of third parties in a legitimate manner.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
[/pb_accordion_item][pb_accordion_item heading=”2. What is a Trademark?” ]Under Maltese law, a trademark is understood as being a sign which is capable of distinguishing goods and/or services of one undertaking from those of another undertaking. For instance, a trademark may consist of words, including also personal names, or designs, letters, numerals, colours, the shape of goods or of their packaging or sounds. Certain signs such as three dimensional (3D) marks are also capable of being registered as a trademark.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
Unlike copyright, trademarks (for goods and/or services) must be registered to be given the force of law. This is done by filing a trademark application either with the Maltese Industrial Property Registrations Directorate (IPRD) if you want to register a Maltese trademark or otherwise file the application with the European Union Intellectual Property Office (EUIPO) if you want to register a European Union Trade Mark (effective in all twenty-eight (28) Member States).
In advance of filing your trademark applications we can also assist you with carrying out any trademark clearance searches in order to ensure that your proposed trademark is available (i.e. that there are no conflicting third party registered rights) and to ensure that your proposed trademark is inherently acceptable and registrable at law (since some types of marks, such as commonly used terms or descriptive marks, cannot be registered as a trademark).
With our decades of experience in the field, we can advise you on the type of trademark that is more likely to be registered and we can subsequently help you prepare and file an application for the registration of the said trademark in Malta or the European Union. We will also be able to assist you in case of any contestations and/or any actions you may be compelled to take against third parties making use of identical and/or confusingly similar marks to your own.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
For a complete rundown of the fees and costs involved kindly send an email to info@mamotcv.com.
[/pb_accordion_item][pb_accordion_item heading=”4. What is the duration of a trademark in Malta?” ]A trademark will grant you protection for a ten (10) year period commencing on the filing date. The trademark may then be renewed indefinitely for subsequent periods of ten years each.
Mamo TCV Advocates would also be very happy to assist you with the renewal of your Maltese trademarks or of your EU Trade Marks.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
[/pb_accordion_item][pb_accordion_item heading=”5. How can I validate my European Patent in Malta?” icon=”” tag=”” ]Once the European Patent Office (EPO) acting as the examination authority grants a European Patent (EP), all the national patent offices in the contracting states (including Malta) may subsequently grant a national patent in accordance with domestic procedures relating to EP validations.
If the original application that was filed with the EPO was not in English, a specific application for validation in Malta must be filed with the local Industrial Property Registrations Directorate (IPRD). This application must be duly filled in and filed together with a number of required documents. This must be done within a period of three (3) months from the date when the mention of the grant of the EP is published in the European Patent Bulletin. You can read more about this subject here
If the application filed with the EPO was in English, we offer our clients the option of engaging us to notify the IPRD that our firm is to be recorded as representative on record for the Maltese equivalent of the EP. The benefits of this would include that each year we would receive the official renewal notice from the IPRD which we could relay to your attention together with any necessary advice on the matter.
Mamo TCV Advocates is in a position to assist you with all the required formalities – particularly, with the preparation and filing of the application form with the IPRD for the validation of an EP in Malta as well as liaising with the IPRD on various other matters including annuity payments for the national part of your patents. For a complete rundown of the fees and costs involved kindly send an email to info@mamotcv.com.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
[/pb_accordion_item][pb_accordion_item heading=”6. Can a Design of a Product be Registered and, if so, what is the Process? ” ]Yes. The design of a product may be registered and this, in addition to any copyright, trademark or patent you may already own. A design is defined at law to be the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and, or materials of the product itself and, or its ornamentation. A design is protected by a design right to the extent that it is new and has individual character.
Once registered, the law confers on the design right holder the exclusive right to use it and to prevent third parties from using it where no consent for such use has been obtained from the design right holder.
The process for registering a design is similar to that regarding the registration of trademarks. You may opt for a Maltese Registered Design or else a Registered Community Design (RCD). In the latter case, your RCD would have effect in all twenty eight (28) Member States of the European Union. We can assist you with all the necessary preliminary advice on whether your design is eligible for protection in the first place as well as with all the necessary formalities – particularly, drawing up and filing the necessary applications.
For a complete rundown of the fees and costs involved kindly send an email to info@mamotcv.com.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
[/pb_accordion_item][pb_accordion_item heading=”7. What is the duration of the Design Right in Malta?” icon=”” tag=”” ]The term of protection is of five (5) years from the date of filing of the application. The right holder may have the term of protection renewed for one or more periods of 5 years each, up to a total term of twenty-five (25) years from the filing date.
Mamo TCV Advocates would also be very happy to assist you with the renewal of your Maltese designs or of your Registered Community Designs.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
[/pb_accordion_item][pb_accordion_item heading=”8. What are Counterfeit Goods and Pirated Goods?” icon=”” tag=”” ]‘Counterfeit goods’, are goods (including the packaging thereof) bearing without authorisation a trademark (including trademark symbols such as logos, labels, stickers, brochures, instructions for use or guarantee documents, or packaging material bearing the trademarks of counterfeit goods).
‘Pirated Goods’ are goods that are or embody copies made without the consent of the holder of the copyright or neighbouring rights, or the holder of a design right, whether registered under national legislation or not, or of a person duly authorised by the holder in the country of production, where the making of those copies, if it had taken place in Malta, would have infringed the right in question under Maltese law.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
[/pb_accordion_item][pb_accordion_item heading=”9. What can I do to enforce my intellectual property rights, especially against counterfeiting and piracy?” icon=”” tag=”” ]There exists specific IP legislation that offers you various ways to enforce your IPRs such as specific precautionary warrants that may be authorised by the courts or specific types of damages that can be claimed in case of infringement (including also moral damages).
There also exists specific IP legislation that regulates the position regarding infringing goods in a cross-border scenario, i.e. such as when goods are to be imported into Malta or where goods are passing in transit (also known as transshipment) via Malta. This legislation has as its object the withholding of the release of goods by the Comptroller of Customs where it is claimed that the same may infringe the intellectual property rights of another party. This law specifically prohibits the importation into Malta, and the exportation or re-exportation from Malta, the release for free circulation, temporary importation, placing in a free zone or free warehouse of goods in contravention of intellectual property rights.
In such cases, Mamo TCV Advocates is reputed to be amongst the very leading law-firms in Malta which has a proven track record of taking the largest number of legal proceedings (and ancillary measures) on behalf of IPR holders (we represent some of the world’s most famous brands across all sectors of industry) in order to protect and safeguard their interests against the consequences of importation (even if temporary) of any such goods in or via the Maltese territory. We have successfully prosecuted hundreds of civil actions taken against such importers or in respect of infringing shipments on behalf of our clients leading to the destruction of several million counterfeit or pirated goods. Whenever possible, we have also obtained out-of-court settlements on behalf of our clients.
For more information about the Intellectual Property and Anti-Counterfeiting practice of the firm please click here.
[/pb_accordion_item][/pb_accordion][/pb_column][pb_column span=”span6″][pb_text el_title=”FAQ” width_unit=”%” enable_dropcap=”no” appearing_animation=”0″ ]Other Frequently Asked Questions
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