MALTA Law and Practice Contributed by: Paul Micallef Grimaud, Philip Formosa and Michela Zammit Lupi, Ganado Advocates
Ganado Advocates 171 Old Bakery Street Valletta, VLT 1455 Malta Tel: +356 2123 5406 Email: ip@ganado.com Web: www.ganado.com
1. Trade Mark and Copyright Law 1.1 Governing Law Trade Marks Registered trade marks are governed in Malta by stat - ute. The principal legislative instrument is the Trade Marks Act, Chapter 597 of the laws of Malta (the “TM Act”), which regulates inter alia the registration of trade marks at national level and the rights that their proprietors are entitled to enforce in them. The TM Act transposes the provisions of Directive (EU) 2015/ 2436. It also operates alongside Regulation (EU) 2017/1001 on the European Union Trade Mark (EUT - MR), which is directly applicable in Malta. European Union trade marks (EUTMs) registered in accordance with the EUTMR are directly applicable and enforce - able in Malta. The Industrial Property Registrations Directorate (IPRD) within the Commerce Department of the gov - ernment of Malta is the body responsible for national trade marks registered in Malta. This is headed by the Comptroller of Industrial Property (the “Comptroller”). Unregistered signs used in trade in Malta may also enjoy protection under the unfair competition provi - sions within the Commercial Code, Chapter 13 of the Laws of Malta (the “Commercial Code”). This protec - tion constitutes a statutory, civil law remedy. Copyright Copyright in Malta is also governed by statute, pri - marily through the Copyright Act (Chapter 415 of the Laws of Malta) (the “Copyright Act”). This Act provides protection for eligible works such as artistic works, audiovisual works, databases, literary works (includ -
ing computer programs), and musical works through copyright. It also includes a system of neighbouring rights protection, applicable to performers, produc - ers and broadcasters. Maltese copyright is largely aligned with the EU copyright directives, which have been transposed into national law. In Malta, copyright protection is automatic and arises by operation of law upon the creation of a work, with - out need for registration or other formality. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Malta is a member to most of the principal interna - tional IP conventions and treaties, including: • Paris Convention for the Protection of Industrial Property; • Berne Convention for the Protection of Literary and Artistic Works; • Agreement on Trade-Related Aspects of Intellec - tual Property Rights (TRIPS); • WIPO Copyright Treaty; and • WIPO Performances and Phonograms Treaty. International treaties are not self-executing under Maltese law. Malta has implemented its international obligations on trade marks and copyright primarily through the TM Act and the Copyright Act and their respective subsidiary legislation. The rights of foreign trade mark and copyright holders in Malta are supported by: • the TM Act and Copyright Act (eg, “well-known’” marks in terms of the Paris Convention);
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