MALTA Trends and Developments Contributed by: Paul Micallef Grimaud, Philip Formosa and Michela Zammit Lupi, Ganado Advocates
As highlighted earlier, evidence gathering has assumed increased importance, particularly in digital infringe - ment cases involving technical and cross-border ele - ments. Regulatory Convergence and IP A key trend affecting the Maltese IP landscape is the convergence of IP law with technology regula - tion, data protection and sector-specific compliance regimes. Businesses increasingly face overlapping legal obligations requiring co-ordinated management. This convergence is particularly evident in areas such as software licensing and GDPR compliance, regu - lated sectors including gaming and financial servic - es, and the protection of confidential information and trade secrets. Maltese law implements the EU Trade Secrets Directive, providing a harmonised framework for the protection of undisclosed know-how and busi - ness information. Trade secrets protection is contingent on the informa - tion being secret, having commercial value because it is secret, and being subject to reasonable steps to keep it confidential. As a result, legal protection is closely linked to internal governance, contractual arrangements and operational practices. Business - es operating in Malta are increasingly formalising confidentiality measures, including non-disclosure agreements, internal access controls and employee training. Disputes involving trade secrets frequently intersect with employment law, competition law and contractual obligations, particularly in cases involving departing employees or collaborative projects. IP in Employment and Corporate Structures The allocation of IP rights in employment and corpo - rate contexts remains a key area of focus. Maltese law provides default rules for ownership of IP created by employees in the course of employment, particularly in relation to copyright and certain patentable inven - tions. However, contractual arrangements remain critical in defining ownership, exploitation rights and remunera - tion. Businesses increasingly adopt comprehensive IP clauses in employment contracts, consultancy agree -
ments and intra-group arrangements to address crea - tion, assignment and waiver of rights. Corporate restructurings, group reorganisations and shared service models often involve the transfer or licensing of IP assets. These transactions require careful documentation to preserve chain of title and ensure enforceability, particularly in cross-border group structures. IP Commercialisation and Transactions IP assets play a central role in transactions involv - ing Malta-based businesses. Licensing, assignment and contribution of IP rights are common features of commercial agreements, joint ventures and corporate restructurings. Licensing arrangements, technology transfer agreements and joint ventures must be struc - tured to comply with EU competition rules, includ - ing block exemptions and guidelines. Issues such as exclusivity, territorial restrictions and pricing arrange - ments are commonly assessed through a competition law lens. IP-related due diligence has become more detailed, with increased focus on ownership, registration sta - tus, enforceability and open-source software use. IP considerations are also closely linked to tax and cor - porate structuring in transactions. ESG Considerations and IP Environmental, social and governance considerations are beginning to influence IP strategies, particularly in innovation-driven and consumer-facing sectors. IP rights may protect sustainable technologies, support certification and branding initiatives, and facilitate compliance with emerging reporting obligations. While ESG-related IP considerations remain at an ear - ly stage, EU policy developments suggest increasing relevance over time. Conclusion Malta’s intellectual property framework continues to evolve in line with EU legislative developments, tech - nological innovation and changing commercial prac - tices. Ongoing and proposed reforms address areas such as artificial intelligence, data governance, digital
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