Nov
13

Out with the Old and In with the New: Parliament Tables Bill for New Trademarks Act

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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...
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Nov
12

No Accrual of Annual Leave During Periods of Unpaid Parental Leave According to the CJEU

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  In case C-12/17 ('Dicu'), the Court of Justice of the European Union was asked to decide whether the Working Time Directive (Directive 2003/88/EC) precludes a provision in national law which, for the purposes of determining a worker's entitlement to paid annual leave, does not regard the amount of time spent by the worker on parental leave. The main question was therefore whether a period of parental leave had to be treated as a period of actual work to determine the paid annual leave entitlement. The Court stated that the purpose of annual leave is to enab...
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Nov
12

Does A Going Concern Constitute Adequate Security?

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Any lending of funds needs to be adequately secured. This is a practice which every lender knows and should observe in order to adequately protect his credit. However, the meaning of "adequate security" is not straight forward and lenders must be careful when selecting their preferred security . This issue came to the fore in Malta in the judicial sale by auction initiated in year 2018 in the names Neofarma Pharmaceuticals Ltd. Vs Cauchi Gera et (Court Ref. No. 9/2018) , by which The creditor company demanded the sale of a pharmacy licence. This meant that the imm...
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Nov
07

Amendments to the Voluntary Organisations Act

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The Voluntary Organisations (Amendment) Act, 2018 (the "Act") was promulgated on the 6 th November, 2018 to amend the Voluntary Organisations Act and to make consequential and other amendments to the Civil Code and to the Second Schedule to the Civil Code, the Public Collections Act, the Notarial Profession and Notarial Archives Act, the Arbitration Act and the Companies Act. The Act introduces categories of voluntary organisations ("VOs"), namely, government organisations, religious organisations and political organisations. It also incorporates new definitions f...
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Nov
06

Malta, New kid on the Block

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Dr Christina Scicluna's latest publication on the Times of Malta focuses on the regulatory framework surrounding virtual financial assets which has become effective 1st November 2018 in Malta.  Link below for more details: https://www.timesofmalta.com/articles/view/20181106/business-news/malta-the-new-kid-on-the-blockchain.693557   Disclaimer This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Christina Scicluna .