Introduction to Malta’s Intellectual Property System

Malta's intellectual property system dates back to the British colonial period, when the Industrial Property Protection Ordinance was enacted, which first established a legal protection framework for inventions (patents), trademarks and designs. In 1911, under British rule, Malta adopted the British Copyright Act 1911, formally introducing copyright protection.

In 1995, Malta became a founding member of the World Trade Organization (WTO) and has been implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) since 2000. In 2000, Malta made major reforms to its copyright, patent and trademark laws, abolished outdated century-old laws, and established a more modern and comprehensive new intellectual property system in line with EU law. In 2002, Malta further introduced industrial design law. In 2007, Malta joined the European Patent Convention and the Patent Cooperation Treaty. In 2009, Malta joined the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. This series of legislative developments ensures the internationalization and modernization of Malta's intellectual property system and creates a good legal protection environment for innovation and intellectual property-based business activities.

The current Maltese IP legal system includes:

• Copyright Act: protects literary, artistic and scientific works and ensures the rights of creators
• Cultural Heritage Act: Provides for the supervision, protection and management of cultural heritage
• Trademarks Act: regulates trademark registration and protection, and grants exclusive rights to trademarks
• Patents and Designs Act: protects inventions and industrial designs and promotes innovation and aesthetic creation
• Intellectual Property Rights (Cross-Border Measures) Act: Regulates the import and export of infringing goods and meets international law enforcement standards
• Enforcement of Intellectual Property Rights (Regulation) Act: provides for legal remedies and penalty mechanisms for infringement
• Trade Secrets Act: Protecting trade secrets and proprietary technology
• Commercial Code: Although broader in scope, some of its provisions cover intellectual property

Industrial property authority:

• The Malta Industrial Property Registry (IPRD), under the Ministry of Commerce, is responsible for all intellectual property policy (including copyright) at the national, regional (EU) and international levels. Responsibilities include:
  • Representing Malta at meetings of the European Commission, the Council of the European Union, the European Patent Office (EPO), the European Union Intellectual Property Office (EUIPO) and WIPO
  • Processing of trademark, certification mark, collective mark and industrial design registration
  • Accepting patent applications and Supplementary Protection Certificates (SPCs)
  • Recording of IP-related transactions (such as assignments, revocations, amendments, renewals)
  • Enforce intellectual property laws and regulations and cooperate with customs and judicial authorities to combat infringements
  • Provide technical consultation, policy guidance, public publicity, training and other intellectual property promotion services

The intellectual property system includes:

• Patents: Malta is also one of the few countries in the EU that has taken the lead in implementing the "Bolar Clause". Since 2003, Malta has incorporated this clause into law, allowing generic drug companies to conduct clinical trials, data preparation and other compliance activities before the expiration of the patent period of the original drug to prepare for the drug's launch. The scope of application of this clause is wide, not only limited to scientific research, but also includes non-commercial purposes and experimental activities required by regulations.
• Industrial design: A protection period of 5 years from the date of application, renewable for 5-year periods, with a maximum protection period of 25 years.
• Copyright: protects artistic, audiovisual, literary, musical works and databases. Literary works are automatically protected without registration. Copyright lasts 70 years after the author's death, regardless of whether the work has been made public.
• Trademarks: Valid for 10 years, renewable for 10-year periods. Malta is part of the European Union Trademark (EUTM) system, which provides protection throughout Europe through a single registration, is cost-effective and runs parallel to national registrations.