Suspensive conditions, burden of proof and restitution
A claimant who asserts that conditions of a sale were satisfied must produce the best available evidence to support the claim. Failure to do so…
INTELLECTUAL PROPERTY
Malta’s legislation for the protection and enforcement of Intellectual Property rights has been recently reinforced with the influx of EU legislation on the matter coming in with Malta’s accession to the EU in 2004. In fact, the introduction of the Copyright Act (Chapter 415 of the Laws of Malta), the Trademarks Act (Chapter 416 of the Laws of Malta) and the Patents and Designs Act (Chapter 417 of the Laws of Malta) led to a steady increase in Intellectual Property litigation in the Maltese Law courts. Malta’s Intellectual Property regime has also been ameliorated due to Malta being a member of WIPO (World Intellectual Property Organisation), UCC (Universal Copyright Convention), WTO (World Trade Organisation), the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. In 2006 Malta acceded to the EPC (European Patent Convention).
The firm offers the following services in relation to Intellectual Property Rights:
- Registration, Licensing and Regulatory Protection of Patents, Designs and Models of Manufacture, and Trademarks;
- Intellectual Property Rights’ taxation;
- Competition Law issues relating to Intellectual Property rights; and
- Enforcement of Intellectual Property rights before the Maltese courts, including assistance from pre-litigation stage up to the execution of a judgment, when the actual physical destruction of goods infringing Intellectual Property rights takes place.
