INTELLECTUAL PROPERTY RIGHTS IN MALTA

The Trademarks Act, Chapter 597 of the Laws of Malta of January 14, 2019 - is the primary law governing the mechanism of trademark registration and protection in Malta.
For getting a trademark registered in Malta, an application has to be filed with the Industrial Property Registrations Directorate, which administers the entire trademark registration process.
It follows a 'first-to-use' system, which subjects to presenting evidence of prior use of the mark in the country.
Malta follows the 11th edition of Nice Classification. Multi-class trademark applications are not acceptable.
The third parties can file opposition actions against a trademark application within sixty (60) days following its publication.
Registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.

Malta is a member of the Paris Convention for the Protection of Industrial Property.
The Patents and Designs Act (Chapter 417 of the Laws of Malta), 2002 - deals with the mechanism of patent protection in Malta.
For seeking patent protection in Malta, an application has to be filed with the Industrial Property Registrations Directorate, which administers the entire process of patent grant.
In Malta, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Pre-grant patent opposition is not available in Malta.
Patents last for valid for twenty (20) years from the filing date of the application. In addition, a maintenance fee is required to be paid from the third year and each subsequent year thereafter. The fee is to be paid by not later than the last day of the month of the prescribed due date.

The Patents and Designs Act (Chapter 417 of the Laws of Malta), 2002 -governs and deals with the mechanism of registration of industrial designs in Malta.
For getting an industrial design registered in Malta, an application has to be filed with the Industrial Property Registrations Directorate, which administers the entire process of registration.
The types of industrial design applications that can be filed in Malta include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Malta.
The total duration of industrial design registration in Malta is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is further renewable for periods of five (05) years up to a maximum of twenty-five (25) years.
The design renewal (payment of the official renewal fee) has to be carried out until the last day of the month in which the design falls due to prevent the official late payment fine.
Late renewal is possible within a grace period of six (06) months from the end of the month in which the design falls due.

Malta is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act, 2000 (Chapter 415) is the basic legislation governing copyright protection in Malta.
In Malta, copyright comes into existence as soon as the work is created. There is no formal procedure laid down for registration.
Literary, musical, and artistic works, and databases, are protected for seventy (70) years after the author dies.
Audiovisual works are protected for seventy (70) years after the death of the last survivor among the principal director, the author of the screenplay, the author of the dialogue, and the composer of music, specifically created for use in the audiovisual work.
Anonymous or pseudonymous literary, musical, or artistic works are protected for seventy (70) years after they were made public or after they were made if they were not made public. If the identity of the author becomes known, the work is protected for seventy (70) years after death of the author.
A "work of joint authorship" is a work produced by the collaboration of two or more authors in which the contribution of each author is not separable from the contribution of the other author or authors. Works of joint authorship are protected for seventy (70) years after death of the last surviving author.