The registration of a design confers on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. The aforementioned use covers, in particular, the making, offering, putting on the market, importation, export or use of a product in which the design is incorporated or to which the design is applied, or stocking such a product for such purposes.
At GTG we guarantee the maximisation of our client’s design rights and provide assistance in registration and related services in contingent matters.
Domestic Design Protection
The Patents and Designs Act, Chapter 417 of the Laws of Malta provides for the registration of designs. This enables the protection of the appearance of the whole or a part of a product resulting from the features – in particular, the lines, contours, colours, shape, texture and materials – of the product itself and its ornamentation. For a design to qualify for protection it must be new and have individual character.
The registration of a design is a relatively simply procedure and is completed by filing the appropriate form with the Office of the Comptroller, which must contain the following:
- a request for registration of a design;
- the name and address of the applicant;
- the design which is the subject of the application;
- the name and address of the agent or representative, in cases where one has been appointed; and
- a declaration claiming priority in cases where the applicant wishes to take advantage of an earlier application.
Maltese law follows the classification of the Locarno Classification. It is important to note that a person who has duly filed an application for protection of a design in a state which is a member of the WTO or party to the Paris Convention can claim priority for a period of 6 months from the date of filing of the first application. Upon registration, a design is protected by the design right for an initial period of five years which may be renewed for four further periods. |
