Intellectual Property In a world which is experiencing constant change and innovation, it is ever-more impelling for today’s businesses to protect their creations. That is why the intellectual property branch at JACS Group is geared to provide the full range of services required for the creation and protection of rights in technology, brands, trade marks, patents and copyright. We assist clients across the spectrum of the industry sectors, from corporate and high tech clients to individual designers and inventors. Our key services in this sector include: - Registration of trade marks, patents and designs in Malta, in the European Union, and through an established network of trusted agents, elsewhere within the other continents; including all ancillary searches into the registrability of the mark and renewals thereof; - Protection of rights including copyright, brands and trade marks, trade secrets, know-how, confidential information, patents and allied rights; - Claiming priority in application; - IP licensing and assignment. Trademarks A Trademark means any sign capable of being represented graphically, and of distinguishing goods and services of one undertaking from those of another. A trademark may consist of words (including personal names), figurative elements, letters, numerals or the shape of goods or their packaging. Implications of registration - The application for a trademark is done in respect of particular goods and services which are usually classified according to particular categories; - When a trademark is registered, the IP Comptroller publishes the registration and issues a certificate of registration to the applicant; - When a proprietor registers his trademark, he acquires a property right, benefiting from specific remedies. The proprietor of a registered trademark has exclusive rights in the trademark. He may grant a licence for its use which may be general or limited, and it may be exclusive or non-exclusive; - Such rights are infringed by such use of the trademark in Malta without the consent of the proprietor. It is a criminal offence for any person to make unauthorised use of a trademark. The duration of registration of a trademark is ten years, which start running from the date of registration and which may also be renewed for a further period of 10 years. Patents An invention shall be patentable if it is novel, involves an inventive step and is susceptible of industrial application. Biological inventions may also be patentable subject to certain ethical and moral exceptions. Implications of patent registration - The proprietor of the Patent shall have the right to prevent third parties from performing without his authorisation: a. the making of a product or the use of a process, which is the subject-matter of the patent; b. the offering on the market of a product incorporating the subject-matter of a patent; and c. the inducing of third parties to perform any of these acts. - Whoever puts into circulation or sells any article falsely representing that it is a patented article shall, on conviction, be liable to a fine. - A patent application or patent may nevertheless be licensed in whole or in part for the whole or part of Malta. A licence may be exclusive or non-exclusive. The duration of a patent shall be 20 years from the filing date of the application. The maintenance of a patent shall be subject to the payment of the prescribed fee in respect of the fifth year and each subsequent year thereafter Designs A Design means 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. A design is protected by a design right if the design in question is new and has individual character. Implications of patent registration - The registration of a design shall confer on its holder the exclusive right to use it and to prevent any third party not having his consent from using it. - A registration certificate shall be issued upon registration; A design right is protected for a period of 5 years from the date of filing of the application and is renewable for one or more periods of five years each up to a total term of 25 years.  
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