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Copyright © 2006 Intellectual Property In Malta Intellectual Property In Malta Michelle Bonello Director Industrial Property Registrations Directorate.

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Presentation on theme: "Copyright © 2006 Intellectual Property In Malta Intellectual Property In Malta Michelle Bonello Director Industrial Property Registrations Directorate."— Presentation transcript:

1 Copyright © 2006 Intellectual Property In Malta Intellectual Property In Malta Michelle Bonello Director Industrial Property Registrations Directorate 5th September 2007

2 Copyright © 2006 ORGANISATIONAL CHART ORGANISATIONAL CHART DIRECTOR GENERAL COMMERCE SUPPORT SERVICES MALTA CRAFTS COUNCIL INDUSTRIAL PROPERTY REGISTRATION TRADE SERVICES SMALL BUSINESSES & CRAFTS SOLVIT CENTRE

3 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

4 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

5 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

6 Copyright © 2006 Conditions for a Good Trademark  Distinctive (unique)  Not descriptive  Not similar or identical  Well-known marks

7 Copyright © 2006 ® Why register?  To have exclusive right  Forbid others from copying  Certificate of ownership  Indefinite protection ™

8 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

9 Copyright © 2006 Copyright Prohibit or authorise:  Reproduction  Public performance  Recordings  Broadcasting  Translation or adaptation

10 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

11 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

12 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)

13 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.

14 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

15 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

16 Copyright © 2006 What can be patented? What can be patented?  A Product  The machinery for producing the product  The process  The use

17 Copyright © 2006 The patentable invention must be:  Capable of industrial application  New / Novelty  Significantly different from that which is already known  Inventive step

18 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

19 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: ipoffice@gov.mt Website: http://commerce.gov.mt/

20 Copyright © 2006 Thank you Thank you


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