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Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act Intellectual Property

Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act

The long-awaited overhaul of Maltese trademark legislation is imminent – the first repeal and replacement of a major IP statute since Malta's accession to the European Union in 2004. The principal object of the new law  is, of course, to transpose the provisions of Directive (EU) 2015/2436 of 16 December 2015 approximating the laws of EU Member States relating to trademarks.One of the major substantive changes is the redefinition of a trademark such that it is no longer required for a sign or indication to be capable of "graphical representation" in order to be accepted for registration by the IPRD.…
Jonathan Tonna
13th November 2018
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Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act Intellectual Property

Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act

The long-awaited overhaul of Maltese trademark legislation is imminent – the first repeal and replacement of a major IP statute since Malta's accession to the European Union in 2004. The principal object of the new law  is, of course, to transpose the provisions of Directive (EU) 2015/2436 of 16 December 2015 approximating the laws of EU Member States relating to trademarks.One of the major substantive changes is the redefinition of a trademark such that it is no longer required for a sign or indication to be capable of "graphical representation" in order to be accepted for registration by the IPRD.…
Jonathan Tonna
13th November 2018
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No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU Employment and Industrial Relations

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

 In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave.The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enable the worker to rest from…
Christine Calleja
12th November 2018
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No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU Employment and Industrial Relations

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

 In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave.The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enable the worker to rest from…
Christine Calleja
12th November 2018
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Does A Going Concern Constitute Adequate Security? Litigation & Dispute Resolution

Does A Going Concern Constitute Adequate Security?

Any lending of funds needs to be adequately secured. This is a practice which every lender knows and should observe in order to adequately protect his credit. However, the meaning of "adequate security" is not straight forward and lenders must be careful when selecting their preferred security .This issue came to the fore in Malta in the judicial sale by auction initiated in year 2018 in the names Neofarma Pharmaceuticals Ltd. Vs Cauchi Gera et (Court Ref. No. 9/2018), by which The creditor company demanded the sale of a pharmacy licence. This meant that the immovable property where the pharmacy…
Kevin Cutajar
12th November 2018
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Does A Going Concern Constitute Adequate Security? Litigation & Dispute Resolution

Does A Going Concern Constitute Adequate Security?

Any lending of funds needs to be adequately secured. This is a practice which every lender knows and should observe in order to adequately protect his credit. However, the meaning of "adequate security" is not straight forward and lenders must be careful when selecting their preferred security .This issue came to the fore in Malta in the judicial sale by auction initiated in year 2018 in the names Neofarma Pharmaceuticals Ltd. Vs Cauchi Gera et (Court Ref. No. 9/2018), by which The creditor company demanded the sale of a pharmacy licence. This meant that the immovable property where the pharmacy…
Kevin Cutajar
12th November 2018