The vesting of rights to intellectual property
owners has been possible in Malta since 1911 in respect of Copyright and since
1899 in respect of inventions, trademarks and designs.
Malta ratified the Paris Convention for the
Protection of Industrial Property in 1967 and the Berne Convention for the
Protection of Literary and Artistic Works in 1964.
In 1969 Malta ratified the Universal Copyright
Convention and in 1977 joined the World Intellectual Property Organisation. In
1994 Malta became a founder member of the World Trade Organisation and was thus
bound by the Agreement on Trade Related Aspects of Intellectual Property Rights
as from 2000. That very same year the century old laws governing copyright,
patents and trademarks were repealed and replaced by new legislation. In 2002
new legislation concerning design was also introduced.
The Industrial Property Registrations Directorate
(IPRD) within the Commerce Department is responsible for the registration of
trademarks, certification marks, collective marks and designs; patenting of
inventions; issuing of supplementary protection certificates in respect of
pharmaceutical products and plant protection products as well as the recording
of transfers, cancellations, amendments and renewals relating to the aforementioned
IP rights.
This office also handles all IP policy, (including
that in the area of Copyright) both on the national, regional (EU) and
international level. For this reason this office carries out the review and
analysis of all documentation relating to IP topics being discussed in any
forum. This office provides technical direction and Malta’s position (following
necessary consultation) on these matters. In addition this office also
participates in EU Commission and Council Meetings as necessary and in meetings
organised by the European Patent Office, the European Union Intellectual
Property Office and the World Intellectual Property Organisation.
With particular reference to the patents remit, the
relevant legislation is the Patentand Designs Act (Cap 417) and subsidiary legislation 417.02 and 417.03
on supplementary protection certificates in respect of pharmaceutical products
and plant protection products. In 2007 Malta became a member of the Patent
Cooperation Treaty (PCT) and the European Patent Office which provide for the
protection of patents on an international and regional basis respectively. The
Office represents Malta on the Administrative Council of the European Patent
Office and in the General Assemblies of WIPO which deals inter-alia with the
PCT.
In so far as copyright is concerned, the relevant
legislation is the CopyrightAct (Cap 415) and Subsidiary Legislation 415.01
on Control for the Establishment and Operations of Societies for the Collective
Administration of Copyright, 415.02
on Revival of Rights and Neighbouring Rights and the Exhaustion of Distribution
Rights and 415.03
on Artists’ Resale Rights. In 2009, Malta also acceded to the WIPO Copyright
Treaty and the WIPO Performances and Phonograms Treaty.
With regard to the trademarks remit, the relevant
legislation is the TrademarkAct (Cap 597). As from the date of EU accession, Malta automatically became
part of the European Union Intellectual Property Office (EUIPO), responsible
for European Union Trademarks and Designs. By default therefore all European
Union Trademarks (as well as all Community Designs) are applicable to Malta and
therefore also have protection in Malta. This office represents Malta on the
EUIPO Management Board and Budget Committee and also participates in Liaison
meetings on Trademarks, Designs and Technical Cooperation. In addition this
office is also participating and implementing a number of projects under the
Cooperation Fund administered by EUIPO. This fund seeks to create and provide
tools and projects for the benefit of the national IP offices and for the users
of the trademark and design systems in the EU.
Redress or appeal:
Decisions of the office which are open to redress or appeal must be sent on
ipoffice@gov.mt or in writing at:
Commerce Department, Industrial Property Registration
Director Industrial Property Registration
Lascaris Bastions, Daħlet Ġnien is-Sultan,
Valletta VLT 1933, Malta
Disclaimer:
Unless otherwise indicated, the information contained in this site is issued by the Industrial Property Registrations Director within the Commerce Department at The Ministry for the Economy, European Funds and Lands
Updated on:
Last updated on the 25th May 2022