By Désirée Attard, published on September 13, 2022

What are Intellectual Property rights?

Intellectual Property (IP) refers to “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce”.[1] Creatives, artists, scientists, and enterprises work devote much of their time and energy to these creations, and as such, Intellectual Property Rights (IPRs) were devised to protect their creations.

While some IPRs are conferred automatically, others require formalities and processes to be successfully recognised and confer rights which exclude others from infringing in any way on your rights.

In Malta, the main authority dealing with the variety of IPRs available is the Industrial Property Registrations Directorate, also known as the IP Office.

Intellectual Property Rights in Malta

The Maltese legal framework, also in line with European and international law, recognises four types of IP:

1. Copyright

Copyright is understood as the exclusive rights that creators have over their literary, artistic, and scientific works. This right is wide-ranging and can vary from literature to maps, adverts to computer programs, to name a few.

In Malta, copyright is not formally registered, but once a work is in the public domain, it automatically receives protection in line with the Copyright Act. [2]

2. Trademarks

A trademark “may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds”, provided they may distinguish your goods and services from others, and they can be represented in the National Trademark Database. [3]

In Malta, trademarks can be registered with the IP office, which vets and registers the mark for a period of ten years, which can be renewed for an additional ten years.

3. Patents

Patents refer to exclusive recognised rights over inventions, which rights are safeguarded for a limited period of time (in Malta, this period amounts to 20 years). For an invention to be patented, it must offer a new way of doing something, or a new solution to a problem.

Malta’s Patent and Designs Act and its subsidiary legislation protects patented inventions from being reproduced, sold, or distributed by unauthorised parties. [4] Patents are not automatic – an application with the IP Office must be filed, and relative fees also apply.

4. Designs

Design rights protect design elements which are purely aesthetic, and which are new and show a degree of originality. The Patent and Designs Act precludes a number of designs from being registered, including, among others, designs contrary to public policy, as well as designs consisting of the Maltese flag.[5]

Once registered, design rights are protected for five years, and are renewable for a total of twenty-five years. Design rights may be transferred in their entirety or partially by their owner.

Protect your Intellectual Property today by contacting a professional on info@abb-legal-copyfromtestsite.local.

This article does not constitute legal advice. While all efforts are made to ensure that the information provided on this website is up to date, some information, material, or content may not be the most recent. For personal legal advice, we kindly ask that you contact us for an appointment.

[1] World Intellectual Property Organization

[2] Chapter 415 of the Laws of Malta

[3] Chapter 597 of the Laws of Malta

[4] Chapter 417 of the Laws of Malta [5] Chapter 417 of the Laws of Malta