Intellectual Property & Anti-Counterfeiting
How can protect your intellectual property, namely your trademarks and other signs used in the course of trade, your industrial designs, your inventions and your works which may be eligible for copyright protection (such as works of literature, photos, designs, music and films)? 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.
Related Practice Areas:
The areas of expertise in this field include:
Trademark availability clearance work (inclusive of the provision of a legal opinion covering points such as the inherent registrability of a proposed mark and the results of identical / similarity searches carried out on the relevant trademark registers)
Trademark application filings and prosecution work (national and European Union trademarks)
Industrial design application filings and prosecution work (national and Community Designs)
Patent equivalent and status searches on the national patent register and supplementary protection certificate (SPC) register
European Patent validations in Malta
Patent annuity services
Copyright (transactional work and legal advice)
Distributorship, licensing and franchising
Competition law issues related to intellectual property
Tax and intellectual property
Litigation in matters concerning intellectual property rights
How will you safeguard your business against counterfeiting and piracy, especially when infringing goods are about to be imported into Malta or will be passing in transit (or as a transhipment) via Malta?
There exists specific IP legislation that regulates the above scenario. This legislation has as its object the withholding of the release of goods by the Comptroller of Customs where it is claimed that the same may infringe the intellectual property rights of another party. This law specifically prohibits the importation into Malta, and the exportation or re-exportation from Malta, the release for free circulation, temporary importation, placing in a free zone or free warehouse of goods in contravention of intellectual property rights.
In such cases, is reputed to be amongst the very leading law-firms in Malta which has a proven track record of taking the largest number of legal proceedings (and ancillary measures) on behalf of right holders (we represent some of the world’s most famous brands across all sectors of industry – see below) in order to protect and safeguard their interests against the consequences of importation (even if temporary) of any such goods in or via the Maltese territory. We have successfully prosecuted hundreds of civil actions taken against such importers or in respect of infringing shipments on behalf of our clients leading to the destruction of several million counterfeit or pirated goods. Whenever possible, we have also obtained out-of-court settlements on behalf of our clients.
Our 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).