copyright © 2006 intellectual property in malta intellectual property in malta michelle bonello...

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Intellectual Intellectual PropertyProperty

In Malta In Malta

Michelle BonelloMichelle BonelloDirectorDirectorIndustrial Property Registrations DirectorateIndustrial Property Registrations Directorate

5th September 20075th September 2007

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ORGANISATIONAL ORGANISATIONAL CHARTCHART

DIRECTOR GENERALCOMMERCE

SUPPORTSERVICES

MALTA CRAFTSCOUNCIL

INDUSTRIALPROPERTY

REGISTRATIONTRADE SERVICES

SMALL BUSINESSES & CRAFTS

SOLVIT CENTRE

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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

DUTIESDUTIES of the IPR of the IPR

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IP in SummaryIP in Summary

Law CoversRegistrati

onDuration

PatentTechnical Process

Yes 20 years

Design Look Yes/No 5 x 5 years

TrademarkBrand name of

product or service

Yes/No10 years x

forever

Copyright

Artistic and literacy

works/Software

Nolife + 70 years

thereafter

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®What is a Trademark?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

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Conditions for a Good Conditions for a Good TrademarkTrademark

Distinctive (unique)

Not descriptive

Not similar or identical

Well-known marks

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6®Why register?Why register?

To have exclusive right Forbid others from copying Certificate of ownership Indefinite protection

™

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Copyright ProtectionCopyright 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

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CopyrightCopyright

Prohibit or authorise:

Reproduction Public performance Recordings Broadcasting Translation or adaptation

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RequirementsRequirements & Protection & Protection TermsTerms

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

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What is an Industrial Design?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

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Conditions to register a Conditions to register a designdesign

Novelty

Completely new look on the market (worldwide) prior to filing

Could have been shown up to 12 months before filing (grace period)

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Why register?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.

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What is a Patent?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

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PatentsPatents

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

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What can be patented?What can be patented?

A Product

The machinery for producing the product

The process

The use

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The patentable invention The patentable invention must be:must be:

Capable of industrial application

New / Novelty

Significantly different from that which is already known

Inventive step

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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

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Contact DetailsContact Details

Opening Hours: Winter: 9.00-12.00 13.30-15.30 Summer: 8.00 – 12.00

Commerce DivisionLascaris, Valletta

Tel: 2122 6688 Fax: 2569 0338

Email: ipoffice@gov.mt

Website: http://commerce.gov.mt/

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Thank youThank you