Intellectual Property Law

Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Just as the law protects ownership of personal property and real estate, so too does it protect the exclusive control of intangible assets. Intellectual property rights or IPRs are the core proprietary rights for any digital, industrial, scientific and creative field, created to protect intellectual, creative or intangible endeavours. 

Malta’s main IP laws are the:

• The Commercial Code (Chapter 13 of the Laws of Malta)

• Copyright Act (Chapter 415 of the Laws of Malta)

• Trademarks Act (Chapter 416 of the Laws of Malta)

• Patents and Designs Act (Chapter 417 of the Laws of Malta)

• Intellectual Property Rights (cross-border measures) Act (Chapter 414 of the Laws of Malta)

• Enforcement of Intellectual Property Rights (Regulation) Act (Chapter 488 of the Laws of Malta)

• Trade Secrets Act (Chapter 589 of the Laws of Malta)

including all subsidiary legislation made thereunder.

The Industrial Property Registrations Directorate (IPRD) within the Commerce Department is responsible for the registration of trademarks, certification marks, collective marks and designs; patenting of inventions; issuing of supplementary protection certificates in respect of pharmaceutical products and plant protection products as well as the recording of transfers, cancellations, amendments and renewals relating to the aforementioned IP rights.

The IPRD also handles all IP policy, (including that in the area of copyright) both on the national, regional (EU) and international level. For this reason this office carries out the review and analysis of all documentation relating to IP topics being discussed in any forum. This office provides technical direction and Malta’s position (following necessary consultation) on these matters. In addition this office also participates in EU Commission and Council Meetings as necessary and in meetings organised by the European Patent Office, the European Union Intellectual Property Office and the World Intellectual Property Organisation.

Lexvirtualis™ has a team of specialised lawyers that can help you protect your intellectual property.

Examples of services we offer:

• Legal advice and guidance on securing effective protection of one’s intellectual property

• Drafting of non-disclosure and confidentiality agreements

• Registration (and searches) of trademarks, patents and designs in Malta and within EU.

• Copyright protection

• Protection of digital property rights.

• Trade secrets

• Enforcement of Intellectual Property Rights

• Oppositions and Appeals

• Alternative Dispute Resolution and Litigation