Sep
01

Proposed Amendments to the Competition Act and the Consumer Affairs Act

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This article was written by Dr. Annalies Muscat  & Dr. Laura Spiteri.  On the 10 August 2018, the Government of Malta launched a public consultation procedure in relation to proposed amendments to the Competition Act, the Consumer Affairs Act, the Malta Consumer and Competition Affairs Authority Act, and other related legislation.A draft Bill was also published. The amendments proposed to the abovementioned regulations aim to address the considerations made following the judgement of the Constitutional Court in Federation of Estates Ag...
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Aug
31

Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained

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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...
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Aug
28

Analysing the major amendments to be brought about by The Fifth Anti-Money Laundering Directive

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This article was written by Luke Mizzi and Tessa Borg Bartolo As Europe was still digesting and implementing the provisions of the Fourth Anti-Money Laundering Directive in 2016, a fresh proposal was drawn up by the European Commission for a new legislative initiative to cater for recent economic and political developments throughout the globe which demonstrated crucial loopholes in existing Anti-money laundering legislation. Of particular concern to legislators was the growth and evolution of terrorist financing as well as revelations such as Swiss leaks and the ...
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Aug
17

Of Annual Leave, Payslips, Transfers of Business and Temporary Agency Workers

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On the 10 th of August 2018, four Legal Notices came into force, amending existing employment laws and introducing new provisions therein. The legal notice which is of primary and general interest is Legal Notice 271 of 2018 - The Annual Leave National Standard Order, which lays down minimum requirements related to the entitlement of annual leave in terms of the Organisation of Working Time Regulations. The Order answers many queries which are frequently asked by employers and employees alike and which so far have been subject to various interpretations and conclu...
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Aug
10

Amendments to Housing (Decontrol) Ordinance (Chapter 158 of the Laws of Malta)

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Amendments to Chapter 158 were introduced by Act No. XXVII of 2018. The amendments affect the leases created by virtue of a previous title of emphyteusis or sub-emphyteusis which commenced before the 1 st June 1995 through the application of article 5, 12, or 12A of Chapter 158. The constitutionality of the provisions of Chapter 158 has been challenged repeatedly in front of the Maltese Courts and in front of the European Court in Strasbourg. Since the case of Amato Gauci v. Malta, (App no 47045/06 [ECHR, 15 September 2009]), the majority of the cases brought by o...
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