MALTA Law and Practice Contributed by: Andrew J Zammit, James Bartolo and Nicholas Scerri, GVZH Advocates
• Ceasing operations – the MGA can order operators to cease operations or suspend gaming activities in cases of serious breach - es. • Freezing assets – it can freeze funds or assets where necessary to safeguard player interests or prevent illicit activities. • Collaborating with other authorities – the MGA works in tandem with local and inter - national law enforcement agencies and regulatory bodies to address complex cases, including cross-border operations. The MGA actively enforces compliance through targeted actions. Notable examples include the following. • Licence suspensions and revocations – in recent years, the MGA has revoked several licences for serious breaches of regulatory obligations, such as failing to meet AML standards, mismanagement of player funds, or operational irregularities. • Fines for AML/CFT non-compliance – the Authority has imposed substantial fines on licensees found in breach of the Prevention of Money Laundering and Funding of Ter - rorism Regulations (PMLFTR). For instance, enforcement actions have been taken against operators who failed to conduct adequate customer due diligence or report suspicious transactions. • Prosecution for unlicensed operations – the MGA has taken legal action against entities offering gaming services without the required licence, demonstrating its commitment to maintaining the integrity of the regulated market. 9.3 Intellectual Property Game developers in Malta encounter several IP challenges, including:
• copyright infringement – unauthorised copy - ing or distribution of game assets, software or creative elements such as music, graphics or storylines; • trade mark issues – protecting game titles, logos and branding from misuse or infringe - ment in competitive markets; • piracy – the illegal replication and distribution of games on third-party platforms; • ownership disputes – determining the owner - ship of IP created by employees, contractors or collaborators; and • cross-border enforcement – enforcing IP rights in a digital environment where games are accessed and distributed globally, often leading to jurisdictional complexities. Creators in Malta have robust IP protection under local law and international agreements. Key rights include: • copyright protection automatically granted to original works, including software, artwork, music, and storylines. Developers can enforce exclusive rights to reproduce, distribute, or modify their works; • trade mark registration – developers can register trade marks for game titles, logos and other distinctive identifiers, protecting them from unauthorised use in virtual and physical environments; • patent rights – although less common, game developers can patent novel technical solu - tions or processes, such as unique game mechanics or software innovations; • contractual protections – developers can use licensing agreements, non-disclosure agree - ments (NDAs), and employment contracts to safeguard IP ownership and usage; and • international protections – Malta’s adher - ence to international treaties, such as the Berne Convention and the TRIPS Agreement,
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