MALDIVES Law and Practice Contributed by: Hassan Maaz Shareef, Aminath Amathulla, Aishath Shifala, Mohamed Azmee, Nazahath Ahmed, Maaisha Mohamed Musthafa, Aifa Shareef and Noorul Hudha Ahmed, Premier Chambers LLP
Given that the registration of a business name must precede the registration of a trade mark, these restric - tions will apply when registering a trade mark as well. Registration Process Applications can be made online to reserve a business name, then to register it via the oneGov portal after the prescribed fee has been paid. The current prescribed fee is MVR100 per registered business name. The reg - istration process usually takes one business day. The registration of the business name will be valid for the entirety of the business entity’s registration. Applications can be made online to register or renew a trade mark via the oneGov portal after the prescribed fee has been paid. Trade marks may be registered for the period specified in the application, provided that the minimum period is 12 months. A non-refundable fee of MVR50 a month is currently payable. The regis - tration process usually takes one business day. Publication of Cautionary Notices As a matter of practice, international businesses and trade mark owners and parties that are not incorpo - rated or re-registered in the Maldives in line with the Business Registration Act, from time to time publish a trade mark cautionary notice, announcing to the general public in the Maldives that a particular trade mark is owned by the business or trade mark owner and caution against trade mark infringement. Even though this is a very common practice, it does not, by itself, afford legal protection against infringement or guarantee protection from unauthorised use of the trade mark in the Maldives. Publication of cautionary notices is not the same as registering a trade mark. However, the publication of trade mark cautionary notices can be used as evidence to support com - plaints made by trade mark owners/licensees to the Ministry under the Business Registration Act, against a business entity registered in the Maldives that has registered or is using, a business name in contraven - tion of the rights of the trade mark owner or licensee. Remedies If a business entity registered in the Maldives has registered or is using, a business name in contraven - tion of the rights of a trade mark owner/licensee, the
Business Registration Act provides an opportunity for the parties concerned to submit a complaint to the Ministry, requesting an order to change the business name if the period of using the business name after registration of the business entity has not exceeded 12 months. If the Registrar of Business gives notice to the party to which a business name is registered or reserved to change the name, the party must do so within a period of one month from the date of notice. If the party does not comply with the notice, the Reg - istrar of Business may cancel the party’s business registration. 7.3 Industrial Designs There is no specific industrial design legislation in place in the Maldives. However, industrial designs are generally considered protected under the Copyrights and Related Rights Act of the Maldives (Law 23/2010) (the “Copyrights Act”). Please see 7.4 Copyright . 7.4 Copyright The Copyrights Act and the Regulation on the Regis - tration of Copyright and Related Rights of the Maldives (Regulation 2011/R-16) (the “Copyright Registration Regulation”) protect copyrights and related rights in the Maldives and prescribe actions and penalties for copyright infringement. Application The Copyrights Act generally protects literary and artistic works, performances, audio recordings and broadcasts produced in the Maldives. Literary and artistic works The Copyrights Act protects the following. • Works produced by citizens and residents in the Maldives. • Works produced by authors protected under any international convention ratified by the Maldives or under any international agreement entered into by the Maldives. • Audio-visual works made by producers who are resident in the Maldives or by regional offices established in the Maldives. • Architectural and artistic works produced in the Maldives.
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