INTELLECTUAL PROPERTY LAW IN MALTA
Mamo TCV is regarded as one of the pre-eminent legal firms in intellectual property law with an established specialist intellectual property department. The firm acts for local and international manufacturers and distributors, licensors and licensees, franchisors and franchisees, media and telecommunications companies, broadcasters and production companies, suppliers, authors, artists and composers as well as information technology related companies.
The areas of expertise in this field are:
- Trademarks – Registrations and Litigation
- Designs and Models of Manufacture
- General Registration and Litigation in IP matters
- Licensing and Franchising
- Technology Transfer
- Competition Law Issues Related to IP
- Taxation of IP
Recent work in this field includes:
- Acting for a major U.K based international broadcasting group on copyright protection issues of its satellite transmissions being re-transmitted in Malta without authorisation.
- Negotiating and advising on various licensing and franchising agreements on behalf of foreign corporations from the United States, U.K., France, Italy and Germany.
- Registrations on behalf of overseas and local clients, and litigation.
- Copyright prosecutions and investigations and litigation, foremost among which are those on behalf of leading U.S. software manufacturers in relation to software copyright violations. The firm is also engaged by the Business Software Alliance and is solely responsible for and presently engaged in a full software copyright awareness campaign in Malta.
- Trademark infringement prosecutions and litigation.
The firm is regarded as a leader in Malta in legal services related to anti-counterfeiting prosecutions taken with both Malta Customs and the Police Authorities. With the introduction of EC Regulation 1383/2003 on Customs action taken in respect of goods suspected of infringing an intellectual property right, work in this field has more than doubled in recent months.
In anti-counterfeiting related work, the firm is presently engaged by several multinational companies for the protection of their brands including companies in the sports- and fashion-wear sectors, large tobacco companies, satellite broadcasting organisations, world-famous soccer clubs, computer apparatus and printer-ink manufacturing corporations, children’s products and playthings including card games, and large IT and software companies (mostly US-based).
Work in this field relates to:
- Filing of Community applications with Malta Customs for action to be taken against goods infringing intellectual property rights;
- Conclusion of out-of-court settlements in the name of right-holders with consignees of goods infringing an intellectual property right leading to the destruction of the goods;
- Institution of civil proceedings in order to obtain a Court order for the destruction of goods infringing an intellectual property right;
- Attendances rendered throughout the entire procedure including, pre-litigation attendances with Malta Customs, attendances during the litigation stage and the post-litigation stage up to the actual physical destruction of the goods infringing an intellectual property right.