MALDIVES LAW AND PRACTICE Contributed by: Shaaheen Hameed, Hassan Maaz Shareef, Aminath Amathulla, Nazahath Ahmed, Isha Ali Raoof, Aifa Shareef, Noorul Hudha Ahmed and Mohamed Azmee, Premier Chambers LLP
7.3 Industrial Design There is no specific industrial design legislation in place in the Maldives. However, industrial designs are generally believed to be 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 Registration of Copyright and Related Rights of the Maldives (Regulation 2011/R-16) (the “Copyright Registration Regulation”) protects copyrights and related rights in the Maldives and stipulates actions and penalties against copy - right infringement. Application The Copyrights Act generally protects literary and artistic works, performances, audio record - ings 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 agree - ment 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. Artists The Copyrights Act protects the following artists.
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, this itself does not 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 caution - ary notices can be used as evidence to support complaints made by trade mark owners/licen - sees to the MED under the Business Registra - tion Act, against a business entity registered in the Maldives that has registered, or is using, a business name in contravention 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 contravention of the rights of a trade mark own - er/licensee, the Business Registration Act pro - vides an opportunity for the parties concerned to submit a complaint to the MED requesting it change the business name if the period of using the business name after registration of the busi - ness 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 abide by the notice, the Registrar of Business can cancel the business registration of the party.
• Artists who are citizens. • Non-citizen artists whose:
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