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Copyright © 2006 Intellectual Property In Malta Intellectual Property In Malta Michelle Bonello Director Industrial Property Registrations Directorate 5th September 2007
Copyright © 2006 ORGANISATIONAL CHART ORGANISATIONAL CHART DIRECTOR GENERAL COMMERCE SUPPORT SERVICES MALTA CRAFTS COUNCIL INDUSTRIAL PROPERTY REGISTRATION TRADE SERVICES SMALL BUSINESSES & CRAFTS SOLVIT CENTRE
Copyright © 2006 Foreign Participation: EU, WIPO, WTO, OHIM, EPO on all aspects of intellectual property Registration of Trademarks Designs Patents Supplementary Protection Certificates for medicinals and pharmaceutical products DUTIES of the IPR DUTIES of the IPR
Copyright © 2006 IP in Summary LawCoversRegistrationDuration Patent Technical Process Yes20 years DesignLookYes/No5 x 5 years Trademark Brand name of product or service Yes/No 10 years x forever Copyright Artistic and literacy works/Software No life + 70 years thereafter
Copyright © 2006 ® What is a Trademark? Trademark: A distinctive sign which identifies the goods and services of one company from those of another. A trademark helps consumers to identify and choose between products/services based on the reputation and quality of these products/services Coca-Cola registered since 1887 Nike registered since 1971
Copyright © 2006 Conditions for a Good Trademark Distinctive (unique) Not descriptive Not similar or identical Well-known marks
Copyright © 2006 ® Why register? To have exclusive right Forbid others from copying Certificate of ownership Indefinite protection ™
Copyright © 2006 Copyright Protection Protects most literary and artistic works, ranging from: newspaper articles to novels drawings to paintings to architectural works music to dance photographs to movies applied art to cartoons Software
Copyright © 2006 Copyright Prohibit or authorise: Reproduction Public performance Recordings Broadcasting Translation or adaptation
Copyright © 2006 Requirements & Protection Terms The works have to be: Original Expression of thought (NOT idea) Made available to the public and Duration: life + 70 years No registration Protection against a perfect copy
Copyright © 2006 What is an Industrial Design? A design is the protection of the ornamental or aesthetic aspect of a product The look of the product or part of the product but not the function or idea Could also be the packaging, a homepage, the interior or setup of a shop e.g. McDonald’s layout Sony Ericsson
Copyright © 2006 Conditions to register a design Novelty Completely new look on the market (worldwide) prior to filing Could have been shown up to 12 months before filing (grace period)
Copyright © 2006 Why register? To have exclusive right & forbid others from copying Certificate of ownership which can be used in Court Design registration gives a more tangible protection than copyright A protected design may be licensed to others for a fee enabling you to enter markets that you are otherwise unable to serve.
Copyright © 2006 What is a Patent? Patent: An invention which could be a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. Copyright © J. Carlton Gallawa Microwave - 1945
Copyright © 2006 Patents Patents What is a patent? An agreement between the inventor and society Alternative definition (legal): A patent is an exclusive right to commercially work the invention in this country. Protection up to 20 years
Copyright © 2006 What can be patented? What can be patented? A Product The machinery for producing the product The process The use
Copyright © 2006 The patentable invention must be: Capable of industrial application New / Novelty Significantly different from that which is already known Inventive step
Copyright © 2006 Why patent? Why patent? provide insurance for one’s invention and investments in developing technology prevent others from patenting the invention and securing one’s place in the market attract investors for further development, and to hold on to current investors sell the patent rights in the future, as a single commodity or business marketing value
Copyright © 2006 Contact Details Contact Details Opening Hours: Winter: 9.00-12.00 13.30-15.30 Summer: 8.00 – 12.00 Commerce Division Lascaris, Valletta Tel: 2122 6688 Fax: 2569 0338 Email: firstname.lastname@example.org Website: http://commerce.gov.mt/
Copyright © 2006 Thank you Thank you
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