Commerce Division

Industrial Property Registration Directorate

The Industrial Property Registration Directorate is responsible for the registration of trademarks in accordance with the Trademarks Law 2000 and the registration of Industrial Designs and Patents in conformity with the Industrial Property (Protection) Ordinance (Chapter 29). This Directorate is also involved in the updating and upgrading of the law on Copyright.

This Office receives analyses and processes applications for the registration of Trademarks, Industrial Designs and Patents and also performs other tasks in connection with these applications and registrations, such as the recording of assignments, renewals, and other changes which may occur. In this way, the registers, which are also available for public inspection, show the current status of the trademarks, Industrial Designs or Patents concerned.

Trademarks
The application and registration of Trademarks. Registration gives protection to a sign that serves to distinguish the goods or services of one organisation or individual from those of another.

Patents
The application and registration of Patents.
Registration gives protection to a new invention containing an industrial application.

Designs
The application and registration of Designs. Registration gives protection to a novel shape or pattern to be applied to a particular object.

Applications for Registration
All applications are to be filed on the relevant application form and each application is to be accompanied by the prescribed filing fee of LM50 for trademarks and patents and Lm20 for designs, together with the power of attorney documents and priority documents where applicable.

Office Registers
This Office also maintains an updated series of information pertaining to each registered trademark, design and patent which has not expired.

Any interested person or organisation can call at our office and conduct a search in our registers. The request for a search can also be made to our office in writing and we will forward the result of the search. The Office's main workload is presently concentrated on the registration of trademarks and the maintenance of the relative registers.

Certifications
This Office also provides copies of registration certificates and copies of patent specifications and descriptions as well as filing certificates and extracts from the registers, all at the prescribed fee.
International Treaties and Agreements

Malta is a member of:

• the World Intellectual Property Organisation (WIPO);
• the Paris Convention for the Protection of Industrial Property;
• the Berne Convention for the Protection of Literary and Artistic Works;
• the Universal Copyright Convention (UCC); and
• the World Trade Organisation (WTO) Agreement.

Malta implemented the pertinent provisions of the WTO Trade-related Aspects of Intellectual Property Rights (TRIPS) in the year 2000.

The necessary action is being taken to secure Malta's accession to the:

European Patent Convention (EPC);
Patent Co-operation Treaty (PCT);
Protocol to the Madrid Agreement on the International Registration of Marks;
Hague Agreement on the International Registration of Designs;
WIPO Copyright Treaty; and
WIPO Performances and Phonograms Treaty.
Legislation

New Legislation upgrading protection of copyright, patents and trademarks was enacted in the year 2000.

Copyright
The Copyright Act (XIII of 2000) besides being in line with TRIPS transposes the relevant Community Directives.

Future amendments of the Act during 2002 are to include provisions on inter-member cable retransmission contained in Council Directive 93/83 concerning Satellite Broadcasting and Cable Retransmission, which would come into force on accession.

Patents
The Patents Act (VII of 2000) incorporates the principal substantive provisions of the European Patent Convention (EPC) and is in line with TRIPS.

By the third quarter of 2002 legislation is to be adopted in order to transpose:

the European Parliament and Council Directive 98/44 on the Legal Protection of Biotechnological Inventions,
Council Regulations 1768/28 and1610/96 regarding supplementary protection certificates for medicinal and plant protection products.

Trademarks
The Trademarks Act (XVI of 2000) transposes Council Directive 89/104 to approximate the laws of the Member States relating to trademarks and is in line with TRIPS. The Act also makes provisions allowing for regulations to be made to extend the effect of the Community Trademark regime to Malta upon accession.

Designs
Designs are currently protected in Malta under the Industrial Property (Protection) Ordinance, which is in line with the TRIPS Agreement.

Legislation transposing European Parliament and Council Directive 98/71 on the legal protection of designs is to be adopted by the third quarter of 2002.

Cross-Border Measures
The Intellectual Property Rights (Cross-Border Measures) Act (Art. VIII reflects the provisions of Council Regulations 3295/94 and 1367/95). The enforcement of these measures is being carried out by the Customs Department.

Assistance
Following discussions held in September last year the World Intellectual Property Organisation (WIPO) is to assist in the upgrading of the trademarks automation System and in raising local awareness as far as intellectual property is concerned.

On 22nd February 2001 Malta signed a Memorandum of Understanding with the EU Office for Harmonisation in the Internal Market (OHIM). This provides assistance, training, information exchange and approximation of policies and practices.

Furthermore the Division has applied for assistance from the EU under the pre-accession funds in connection with the automation of the afore-mentioned Patents and Design Registration and Information Dissemination Unit.