Industrial Designs Law in Malta
In Malta, industrial design protection is governed by the Patents and Designs Act (Chapter 417), which is administered by the Industrial Property Registrations Directorate within the Ministry for the Economy, European Funds and Lands. This Act aligns with international standards, including the Hague Agreement for the international registration of designs.
🔹 Definition of a Design
Under Maltese law, a "design" refers to the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture, and/or materials of the product itself and/or its ornamentation. (
🔹 Requirements for Protection
To be eligible for protection, a design must meet the following criteria:
Novelty: The design must be new, meaning no identical design has been made available to the public before the filing date or, if priority is claimed, before the priority date.
Individual Character: The design must have individual character if the overall impression it produces on the informed user differs from the overall impression produced by any other design made available to the public before the filing date or, if priority is claimed, before the priority date.
Certain designs are not registrable, including those dictated solely by technical function, necessary for multiple assembly or connection in a modular system, or contrary to public policy or accepted principles of morality.
🔹 Scope of Protection
Once registered, a design confers upon its holder the exclusive right to use it and to prevent any third party not having his consent from using it. The protection extends to any design that does not give a different overall impression on the informed user.
🔹 Term of Protection
A design right is protected for an initial period of five years from the filing date. This period is renewable for one or more periods of five years each, up to a total term of 25 years. Renewal is subject to payment of the prescribed fee and may be effected up to six months after the expiry date.
🔹 Application Process
Pre-Application Search: It is recommended to carry out a design search to ensure novelty. A search request can be made online or by email, with a fee of €11.65 per design.
Filing an Application: Applications must be submitted online to the Industrial Property Registrations Directorate. The application should include
The name of the design(
Drawings or photographs showing the design from different angles(
A description of the design
The prescribed fee of €46.59
Examination and Registration: The application will be examined to ensure compliance with legal requirements. If compliant, the design will be registered, and a certificate issued.
🔹 International Protection
Malta is a member of the Hague System, which allows for the international registration of industrial designs. Designers can file a single application to seek protection in multiple countries or regions, simplifying the process of obtaining international design rights.
🔹 Enforcement and Legal Recourse
Enforcement of design rights in Malta is the responsibility of the national courts. Designers can seek legal recourse through the Maltese judicial system to protect their rights against infringement.
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