The long-awaited overhaul of Maltese trademark legislation is imminent – the first repeal and replacement of a major IP statute since Malta's accession to the European Union in 2004. The principal object of the new law  [1] is, of course, to transpose the provisions of Directive (EU) 2015/2436 of 16 December 2015 approximating the laws of EU Member States relating to trademarks. One of the major substantive changes is the redefinition of a trademark such that it is no longer required for a sign or indication to be capable of "graphical representation" in orde...

Many people will by now have heard of Nestle's loss at the EU's highest court, marking the end of a long and arduous battle to secure EU-wide trademark protection over the four-trapezoidal-fingered shape of their famous KitKat bar. It's not often that trademark cases make the headlines across mainstream media, making this all very exciting for IP lawyers. But the whole thing did seem, at points, rather more like a race to get that "No Break for KitKat" pun-title out asap than an accurate assessment of the legal implications of the Court of Justice's ("COJ") most r...

Some readers may be familiar with the 2011 case filed by Mr. Louboutin against fashion giants Yves Saint Laurent over the former's US trademark registration for his famous red sole.Here is one of the more well-known representations of the mark, as filed with trademark authorities the world over: The New York District Court, adopted a view to which fashion lovers might be more inclined – namely that: " The law should not countenance restraints that would interfere with creativity and stifle competition by one designer, while granting another a monopoly invested wit...

The spearhead of Malta's new three-pronged legal regime on innovative technology arrangements and cryptocurrencies, the Malta Digital Innovation Authority Bill (the "Bill"), was presented to Parliament for its second reading, marking a fundamental step towards a new legislative milestone in Malta's efforts to become a trailblazer in the global blockchain revolution. Once promulgated, the new Act will lay down the guiding principles of the soon-to-be-formed public body charged with the duty of promoting and developing Malta's new born innovative technology sector.T...

Anybody with an acute sense of justice knows what intellectual property is, yet I daresay many IP lawyers can probably relate to the unique sense of embarrassment which typically follows that all too familiar question: "So … what do you do for a living?" Now, you know what comes next for Mr. IP Attorney - the strained beginnings of a response, the awkward backtrack and pause as he tries to squeeze out some brief, accurate yet comprehensible answer to the common follow-up question: "What is Intellectual property?" The problem is of course aggravated by the fact tha...