WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual J>roperty Rights IJ>~/ltrVlLT/I/l 
18 May 2000 
(00-2041) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL J>ROJ>ERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
MALTA 
The present document reproduces the textI of the Industrial Property (Protection) Ordinance, 
Cap. 29, as notified by Malta under Article 63.2 of the Agreement (see document IP/N/l/MLT/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
J>RINCIJ>ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
J>ROJ>RIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
MALTE 
Le present document contient le texteI de l'Ordonnance sur la propriete industrielle 
(protection), chapitrc 29, notificc par Malte au titre de l'articlc 63:2 de l'Accord (voir le 
document IP/N/l/MLT/l). 
Consejo de los Aspectos de los Derechos de J>ropiedad 
Intelectual relacionados con el Comercio 
J>RINCIJ> ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROJ>IEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL J> ARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
MALTA 
En el presente documento se reproduce el textoI del capitulo 29 de la Orden sabre Propiedad 
Industrial (protecci6n) notificado por Malta en virtud del parrafo 2 del articulo 63 del Acuerdo (vease 
el documellto IP/N/l/MLTIl). 
I In English only'/En anglais seulement.lEn ingles solamente. IP /NI lIMLT 1111 
Page 2 
INDUSTRIAL PROPERTY (PROTECTION) 
CHAPTER 29 [CAP. 29. 
INDUSTRIAL PROPERTY (PROTECTION) ORDINANCE 
To a/llend alld cOllsolidale the laws relatillg to patellts alld to make provisioll relating to 
desiglls alld models ofll/allllfactllre, trade marks alld mallllfactllre alld trade descriptions. 
(1 st Janumy, 1900)' 
Ellacted by ORDINANCE XI of 1 899, as a/llellded by Ordillallces: XVI of 1 903, VII of 1907; 
Act II of ]918; Ordillallces: III of 1934, X.L\:J of 193 7, VIII of 1939, XL of 1940; Acts: XX of 
1948, IX of 1951; Ordillallces: XVI alld XIX of 1960; Legal Not!ces: 1 of 1963, 46 of 1965; 
Acts: IV alld XXXI of 1966, VI of J 967, VII of 1970, LVIII of J 974; Legal No/iet? 148 of 1975; 
Acts: XXII of 1976, );1 of 1977, L,( of 1981, XIII of 1983, Xl of 1986; Legal Notices: 29 of 
1986, 34 of 1988; A c/s: T-l!l 0/1990, XXIV 0/ 1995 alld XIX 0/1997; alld Legal No/ices 1080/ 
1997 and 140 of 1998. 
Part I 
Title I 
Title II 
Title III 
Title IV 
Title V 
Title VI 
Part II 
Part III 
PartlV 
Title I 
Title II 
Part V 
Part VI ARRANGEMENT OF ORDINANCE 
Short ti tic 
Patents 
Rights of Inventors 
Formalities relating to the Grant orPatents 
Patents orAddition 
Assignment of Patents 
Nullity ami Annulment orPat<:nts 
H.estoration orpatents 
Designs and Models ofManut:lcture 
Trade Marks 
Infringement of Patents, of Copyright in Designs and Models 
ofManui:u;turc, and of Trade Marks, and Actions relating 
thereto 
Civil Actions 
Criminal Actions 
Register ofPatcllts, Dcsigns and Models of Manul:1cturc and 
Trade Marks 
Special and Transitory Provisions 
FORMS 
SCHEDULES OF FEES 
* See old s~c. 143 of the OrJinuncc. Sections 
2-64 
2-6 
7-35 
36-37 
38-42 
43-56 
57-64 
65-79 
80-103 
104-128 
104-111 
112-128 
129-144 
145-149 IP /N/1/MLT /111 
Page 3 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
ShOlt title. 1. This Ordinance may be cited as the Industrial Property 
Patent for new 
industrial 
invention or 
discovclY· 
What constitutes 
a new invc.!ntion 
or d iscoYeIY. 
Inventions or 
discoveries 
which ru'e not 
patentable. 
Intemational 
alTangemellts 
with other 
countries for the 
lllutual protection 
of inventions. 
Al/lendedby: 
VII.1907.1; 
XI. 1977.2. (Protection) Ordinance. 
PART I 
PATENTS 
Title I 
RIGHTS OF INVENTORS 
2. (I) The author of a new industrial invention or discovery 
shall have the exclusive right of working the same for his own 
profit, during the time, within the limits and under the conditions 
prescribed in this Ordinance. 
(2) This exclusive right constitutes a patent. 
3. (I) The following shall be deemed to be new inventions or 
discoveries: 
(a) the invention of a new industrial process or result; 
(b) the invention of new methods, or the new application of 
known methods, for obtaining an industrial result or 
process. 
(2) Every modification of an invention or discovery, for which a 
patent is still in force, gives a claim to a further patent, without 
prejUdice to the patent existing in respect of the original invcntion. 
4. The following are not patentable: 
(a) inventions or discoveries relating to trades which are 
contrary to law, morals, or public safety; 
(b) inventions or discoveries the subject whereof is not the 
production of corporeal substances; 
(c) inventions or discoveries which are purely theoretical; 
(d) schemes and combinations relating to credit or finance. 
5. (1) Any person who has applied for the protection of an 
invention in any country with which Malta has made an 
arrangement for mutual protection of inventions, shall be entitled to 
a patent for his invention in Malta under this Ordinance, in priority 
to other applicants: 
Provided that -
(a) the application for a patent in Malta is made within 
twelve months from the date of his application for 
protection in such country; IP/N/lIMLT/I/l 
Page 4 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
(b) nothing in this section contained shall entitle the 
patentee to recover damages for infringements 
happening prior to the date of the actual acceptance of 
his complete specification. 
(2) The publication in Malta, during the period aforesaid, of 
any description of the invention, or the use of the invention in 
Malta during such period, shall not invalidate the patent which may 
be granted for the invention. 
(3) The application for the grant of a patent under this section 
must be made in the same manner as an ordinary application under 
this Ordinance: 
Provided that an application under this section shall be 
accompanied by a compkte specification. 
6. The Minister responsible for trade, with the concurrence of 
the Minister responsible for foreign affairs, may by order specify 
the countries with which any arrangement as is referred to in 
section 5 has been made. 
Title II 
FORMALITIES RELA TING TO THE GRANT OF PA TENTS 
7. Any person desiring to obtain a patent shall present an 
application in writing at the office of the Comptroller of Industrial 
Property, designs and models of manufacture, trade marks, and 
manufacture and trade descriptions, who in this Ordinance shall be 
referred to as the Comptroller. 
8. Any such application shall be filed by the inventor or his 
special attorney, and must contain -
(a) the name, surname, nationality, and place of residence 
of the applicant and of his attorney, if any; 
(b) a declaration to the effect that the person making the 
application or in whose name the application is made, 
or, in the case of a joint application, that one or more 
of the applicants is or are in possession of an invention 
or discovery, whereof he or they claims or claim to be 
the true and first inventor or inventors, and for which 
he or they desires or desire to obtain a patent. 
9. Where the application for a patent is made by two or more 
persons jointly, a patent may be granted to them jointly. 
10. The said application shall be accompanied by -
(a) two copies of a specification, which may be either a 
provisional or a complete specification; 
(b) the fee payable under this Ordinance on the filing of an 
application for a patent; 
(c) the original title, or an office copy thereof, showing Countries with 
which an 
aITangel1l~nt has 
been made. 
Substituted by: 
XJ.J977.2. 
Application for 
patent to whom 
made. 
AlIlendedby: 
lV.J966.2. 
Contents of 
application. 
Application by two 
persons or more. 
Documents to be 
produced with 
application. 
AlIlendedby: 
XX. J 94S. 2; 
XXXI. J 966. 2; 
LVIII. J974. 68. CAP. 29.] 
Provisional and 
complete 
specification. 
Time for the 
production of the 
complek 
specification is 
not filed with the 
application. 
AlIlendedby: 
VII.J907.2. 
Several patents 
or a single patent 
for different 
inventions 
cannot be 
delU<Ulded by the 
same application. 
Powers of 
Comptroller. INDUSTRIAL PROPERTY (PROTECTION) IP/N/lfMLT/IIl 
PageS 
the grant of the foreign patent whenever the patent is 
claimed under section 5; 
(d) if there be an attorney, the power, in public or private 
form, provided that, in the latter case, the signature of 
the principal be attested by the diplomatic or consular 
representative of the Government of Malta in that 
country or by a person serving in a diplomatic, consular 
or other foreign service of any country which, by 
arrangement with the Government of Malta, has 
undertaken to represent that Government's interests in 
that country, or by a person authorised in that behalf by 
the President of Malta, or, in the absence of such 
persons, by the competent government or municipal 
orricer of the district in which the principal resides; 
(e) a list of the papers and articles produced. 
11. (1) A provisional specification must describe the nature of 
the invention or discovery and its object, and be accompanied by 
drawings, if such drawings are necessary to explain it. 
(2) A complete specification must particularly describe and 
ascertain the nature or the invention or discovery and the manner in 
which the same is to be performed, and contain an indication of its 
object. 
(3) A specification, whether provisional or complete, must 
commence with an indication of the title of the invention or 
discovery claimed, and in the case of a complete specification, must 
end with a detailed statement of the nature of such invention or 
discovery. 
12. (I) If a complete specification is not produced with the 
application for a patent, it may be produced within nine months 
from the date of the filing of the application, or within such 
extended time, not exceedi ng onc month, as the Comptroller may, 
on application and on payment of the fee prescribed in Schedule A 
hereto, allow: 
Provided that an application for an extension of time for 
producing a complete specification shall set out in detail the 
circumstances in which and the grounds on which such extension is 
required. 
(2) In default of the production of a complete specification 
within the said time, thc application for a patent shall be deemed to 
be abandoned. 
13. It shall in no case be lawful for any person to demand by 
one and the same application several patents, or a single patent for 
different inventions or discoveries. 
14. If the Comptroller is of opl1llon that the nature of the 
invention or discovery has not been fairly described, or that the 
application, specifications, or drawings has not or have not been IP/N/lIMLT/I/l 
Page 6 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
prepared in the manner prescribed in the preceding sections, he 
may order the applicant, in writing, to amend the application, 
specifications, or drawings in the manner to be stated in the order, 
before he proceeds with the application. 
15. If a complete specification has been filed after the 
production of a provisional specification, and the Comptroller is of 
opinion that the complete specification has not been prepared in the 
manner prescribed in the preceding sections or that the invention 
particularly described in the complete specification is not 
substantially the same as that which is described in the provisional 
specification, he may also order the applicant, in writing, to amend 
the complete specification in the manner to be stated in the order. 
16. If, after an application for a patent has been filed but 
before such patent has been issued, another application or other 
applications is or are made, accompanied by a specification bearing 
the same title as the previous one or a title similar thereto, it shall 
be lawful for the Comptroller, if it appears to him that the invention 
described in such specification is comprised in thc previous 
application, to refuse, in writing, to issuc a patent to the second or 
subsequent applicant. 
17. (I) An appeal to the Court of Appeal may be entered by 
the applicant against any order of the Comptroller under the last 
three preceding sections. 
(2) Such appeal shall be by application to be filed within two 
months from the receipt by the applicant of the order of the 
Comptroller. 
(3) The Court of Appeal may , in regard to costs, make an order 
in accordance with the provisions of section 223 of the Code of 
Organization and Ci viI Procedure. 
18. A copy of every specification shall be kept III the 
Comptroller's Office. 
19. Cl) As' soon as the complete specification is accepted, or, 
in case of appeal, as soon as it is declared by the court to be 
acceptable, the Comptroller shall advertise the acceptance by 
means of a notice in the Gazette or such other official publication 
as the Minister responsible for trade may by notice in the Gazette 
prescribe. 
(2) The notice shall also contain an intimation that, on the 
expiration of two months, in default of lawful opposition, the 
patent referred to in the notice shall be granted. Further powers of 
Comptroller. 
Filing ofadditional 
applications. 
Appeal from order 
of Comptroller. 
Amended by: 
JV.1966.3; 
L.N.148of1975; 
XI. 1977.2. 
Cap. 12. 
Preservation of 
copies of 
specifications. 
Amended by: 
W, 1966. 4. 
Acceptance of 
complete 
specification. 
Amended by: 
XIX. 1997.2. 
20. During the time stated in the last preceding section, any Opposition to grant 
person may give notice at the Office of the Comptroller, of of patent. 
opposition to the grant of the patent on any of the following 
grounds: 
(a) that the applicant obtained the invention or discovery 
from him or from a person of whom he is the legal CAP. 29.] 
How made. 
Comptroller shall 
decide whc(her 
there be grollnds 
for the 
opposition. 
Appeal. 
Definitive 
approval or 
application. 
Amended by: 
L.N. 20f1963; 
XJ.J 977. 2. 
Time within 
which approval is 
to be given. 
Publication of 
patent. 
Amended by: 
L.N. 2 of 1963; 
XJ.J977.2. 
Date of patent. 
Amended by: 
Xl./977.2. 
More than one 
application for 
the same 
invention. 
Use of invention. INDUSTRIAL PROPERTY (PROTECTION) 
representative; or IP/N/lIMLT/I/l 
Page 7 
(b) that a patent had previously been granted in Malta for 
the same invention or discovery; 
but on no othcr ground. 
21. Such opposition shall bc madc in wntll1g, and a copy 
thcreof shall be communicated to the applicant for the patent. 
22. On the expiration of the time stated in section 19, the 
Comptroller shall decide whcther thcrc be ground for the 
opposition, and shall communicate his decision to the parties 
concerned. 
23. (I) The party against whom the decision is given, may 
enter an appeal therefrom in accordance with the provisions of 
subsections (I) and (2) of section 17. 
(2) The provisions of subsection (3) of that section shall also 
apply to such appeal. 
2.:1. If there is no OPPOSItIon, or if the opposition is finally 
rejected, the ComptrolIcr shall definitively approve the application 
for the grant of a patent and shall make a report of his approval to 
the Minister responsibIc for trade, who, on receipt of such report, 
will grant thc patent. 
25. The approval referred to in the last preceding section shall 
be given as soon as may be, and not later than three months from the 
filing of the complete specification, except in the cases hereinafter 
mentioned, that is to say -
(a) if such approval is delayed by the proceedings referred 
to in section 17 or scction 23, it shall be given not later 
than three months from the decision; 
Cb) if the person making the application dies before the 
expiration of the said three months, the approval shall 
be given not later than onc year from the death of the 
applicant; and in sllch case, the patent shall be granted 
to the successors of the deceased according to law. 
26. A patent shall be issued under the signature of the Minister 
responsible for trade, and shall be published by means of a notice in 
the Government Gazette. 
27. (I) Every patent shall be dated as of the date of the 
application for the grant of the same: 
Provided that where more than one application for a patent for the 
same invention shall have been made, the grant of a patcnt on a later 
application, cven though already published, shall not prevent the 
granting of a patent on an earlier application. 
(2) A patent granted undcr section 5 shall bc dated as of the date 
of the application made in the country concerned. 
28. The applicant shall be entitled to make use of the invention 
and to publish it during the period between the approval of the IP /NI lIMLT 1111 
Page 8 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
application and the publication of the patent by notice in the 
Government Gazette. 
29. After the acceptance of a complete specification and until 
the publication of the notice referred to in the last preceding 
section, the applicant shall have the like privileges and rights as 
would have been competent to him if the notice had been published 
on the date of the acceptance of the complete specification. 
30. The provisions, however, of the last two preceding sections 
shall not entitle the patentee to sue for damages for any infringe­
ment of the patent occurring before the date of the acceptance of 
his complete specification. 
31. The term limited in every patent for the duration thereof 
shall be fourteen years from its date. 
32. (I) A patentee may apply to the Minister responsible for 
trade for an extension of his patent for a further term. 
(2) The application must be made in writing and must be filed 
at least six months before the time limited for the expiration of the 
patent. 
(3) The application shall be published by a notice in the 
Government Gazelle. 
(4) Any person interested may enter an opposition to such 
application, provided such opposition is filed in writing, with the 
Comptroller of Industrial Property, within two months from the 
date of the notice. 
(5) The said application shall be accompanied by the fee 
payable under this Ordinance on the filing of an application for an 
extension of the patent for a further term. 
33. In considering an application for an extension of the term 
of a patent, regard shall be had to the nature and merits of the 
invention in relation to the public, to the profits made by the 
patentee, and to all the circumstances of the case. 
34. In case of opposition to the application for extension, the 
Minister responsible for trade may direct that the question as to 
whether the patentee has been adequately remunerated for his 
invention by the use of the patent be referred by the applicant to the 
Court of Appeal by writ of summons, in which case the provisions 
of section 17 shall apply. 
35. If from the decision of the Court of Appeal it shall appear, 
or, in default of opposition it shall be proved to the satisfaction of 
the Minister responsible for trade, that the patentee has not been 
adequately remunerated for his invention by the use of the patent, 
an extension may be granted for a further term not exceeding seven, 
or, in exceptional cases, fourteen years. Privileges and 
rights of applicant. 
Damages for 
infringement of 
patent. 
Duration of patent. 
Extension of 
patent. 
Amended by: 
XL. 1940.3(l); 
XX. 1948.3; 
L.N. 2 of 1963; 
X!.J 977. 2. 
What 
circumstances are 
to be considered in 
the grant of 
e:>.iension oftenn 
of patent. 
Opposition to 
application for 
e:>.iension. 
Amended by: L.N. 
2 of 1963; L.N.148 
of 1975; XI. 1977.2. 
Tenn of c:>.iension. 
Amended by: 
L.N. 2 of 1963; 
L.N. 148 of 1975; 
XI. 1977.2. CAP. 29.] 
Moditications of 
original 
invention. 
Provisions 
applicable to 
applications for 
patents of 
addition. 
Registration of 
assignm~nt of 
patents. 
Amended by: 
IV. 1966. 5. 
Requirements. 
Amended by: 
XX.J9.f8.4; 
lX.1952.2; 
IV. 1 966. 6. INDUSTRIAL PROPERTY (PROTECTION) 
Title III 
PA TENTS OF ADDITION IP/N/1/MLT/I/l 
Page 9 
36. (I) The author of a patented invention or discovery and 
any person claill1ing through or under him, may apply for a patent of 
addition in respect of evcry modification made by them in the 
original invenlion or discovery. 
(2) Such patent of addi tion extends the effects of the original 
patent to the modificatibns which form its subject-matter for the 
wholc term of the original patent. 
37. (I) The provisions of sections 7, 8 and 9 shall apply to an 
application for a patent of addition. 
(2) The provisions of section 10 shall also apply to any such 
application but the spccification to be annexed thereto shall be a 
complete specification. 
(3) All other provisions relating to the grant of patents shall 
extend to such application in so far as they may apply thereto. 
Title IV 
ASSIGNMENT OF PATENTS 
38. (I) Every assignmcnt of a patent shall be registered in the 
office of the Comptroller of Industrial Property, and shall be 
published in tlie Government Gazette. 
(2) An assignmcnt shall not take effect, with respect to third 
parties, except from the date of registration. 
39. (I) To effect such registration the person in whose favour 
the assignment has been made shall, together with the application, 
present or cause to be presented -
(a) a certified copy of the act of assignment: 
Provided that where the act of assignment is not 
drawn up in the Maltese or the English language, the 
Comptroller of Industrial Property may require the 
person in whose favour the assignment has been made 
to produce to the said Comptroller a duly certified 
translation into the Maltese or the English language of 
the act of assignment; 
(b) if there be an attorney, the power of attorney in any of 
the forms as provided in paragraph (d) of section 10. 
(2) The application shall be accompanied by the fee payable 
under this Ordinance for the registration of an assignment of a 
patent. 
(3) As soon as the registration is effected, the certified copy of 
the act of assignment and the certified translation thereof, if any, 
shall be returned to the applicant. IP/N/1/MLT/I/1 
Page 10 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
40. The publication of an assignment of a patent in the 
Government Gazette shall consist in the insertion therein of an 
abstract of the act of assignment, signed by the Comptroller of 
Industrial Property, containing -
(a) the name, surname and place of residence of buth the 
assignor and the assignee; 
(b) the rights so assigned; 
(c) the date and nature of the act by which the assignment 
was made, and, if made by a notarial deed, the name of 
the notary who recei ved it. 
41. If the rights arising from a patent are assigned \vholly to a 
f;ingle person, such person shall become liable for the payment of 
the prescribed fees for the grant of patents; if the assignment is 
made to several persons collectively, they become liable for such 
payment jointly and severally; if the said rights are partially 
assigned to several persons or are partly alienated, the title of 
transfer cannot be registered unless the payment is made to the 
Comptroller of a sum equal to the remaining rates of fees for the 
grant of patents. 
42. (I) Any person in whose favour the assignment of a patent 
has been registered, is entitled to make use of any patent of 
addition which may be granted to the person making the 
assignment or to his heirs, or to the persons claiming through or 
under him. 
(2) In like manner, the person making the transfer, his heirs, or 
persons claiming through or under him, are entitled to make use of 
any patent of addition which may be granted to the person in whose 
favour the assignment of a patent has been registered. 
Title V 
NULLITY AND ANNULMENT OF PATENTS 
43. The investigations and proceedings referred to in Title II 
shall not be held in any way to guarantee the validity of a patent. 
44. A patent is null and void -
(a) if the invention or discovery IS neither new nor 
industrial; 
(b) if it concerns one of the inventions or discoveries 
which, according to section 4, are not patentable; 
(c) if by the fraud of the person who obtained the patent, 
the title of the invention or discovery indicates other 
than its true object; 
(d) if the description annexed to the application for the 
patent is insufficient or conceals or omits any of the 
indications necessary for the working of the patented Publication of 
assiglUnents. 
Amended by: 
IV. 1966. 7. 
Liability for 
payment of fees. 
Alllendedby: 
xx. 1948.5. 
Effects of 
assiglUllcnt. 
Proceedings under 
Title II do not 
guarantee validity 
of patent. 
Grounds of nullity 
of patent. IP/N/1/MLT/I/l 
Page 11 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Grounds of 
nullity of patent 
of addition. 
Inventions which 
have rec~ivcd 
pUblicity. 
Provisions as to 
exhibitions. 
Amended by: 
L.N. 20[1963; 
XI.J977.2. 
Forfeiture of 
patentee's rights. 
Holder of patent 
may be 
compcllcd to 
assign his righL~ 
in celtain cases. 
Amended by: 
VIJ.J907.3; 
L.N.1480[1975; 
XXIV. 1995.362. 
Action for nullity 
or forfeiture, 
Amended by: 
L.N.1480[1975; 
XXIV. 1995.362. 
may be brought 
by any person 
interested, 
by Comptroller. invention or discovery. 
45. The following are also null: 
(0) any patent of addition, if the modification in respect of 
which such patent was applied for, is not connected 
with the original invention; 
(6) any extension applied for after the expiration of the 
term of the patent or after its absolute annulment has 
been pronounccd. 
46. No industrial invention or discovery shall be .considered as 
new which, in Malta or abroad, and previously to the application for 
the patent, had received sufficient publicity to enable the same to be 
worked. 
47. An inventor or his legal representative shall not forfeit his 
right to obtain a patent by exhibiting the industrial invention or 
discovery at an exhibition declared by the Minister responsible for 
trade to be an industrial or international exhibition, or by publishing 
any description of the industrial invention or discovery, or by 
making use of it for the purpose of the exhibition and in the place 
where the exhibition is held, or by using or suffering other persons 
to usc it elsewhere during the period of the holding of the 
exhibition, provided that both the following conditions are complied 
with namely: 
(0) the inventor, before exhibiting the invention or 
discovery, gives the Comptroller notice of his intention 
to apply for a patent; and 
(b) the application for a patent is made within six months 
from the date of the opening of the exhibition. 
48. (1) The holder of a patent shall forfeit his rights if he fails 
to pay the annual fee due in advance within three months from the 
date on which it becomes due. 
(2) Such forfeiture shall be advertised by a notice in the 
Government Gazette. 
49. The holder of a patent may be compelled to assign his 
rights, or to grant to others the lIse of the patent, for a consideration 
to be determined by the Civil Court, First Hall, if the invention or 
discovery to which the patent refers shall not have been worked 
within three years subsequent to the grant, or if its working is 
suspended for three consecutive years. 
50. An action for a declaration of nullity or for the forfeiture of 
a patent shall be brought before the Civil Court, First Hall, by writ 
of summons. 
51. (1) Such action may be brought by any person interested 
therein. 
(2) It may also be brought by the Comptroller. IP /N/1/ML T /111 
Page 12 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
52. The writ of summons shall in all cases be served on the 
Comptroller who shall be entitled to be made a party to the action, 
if he makes an application to that effect. 
53. Where in any such action the court deems it necessary to 
call in the assistance of experts, such experts shall be appointed by 
the court. 
54. (I) The registrar shall transmit to the Comptroller a copy 
of every judgment delivered in any such action, within two working 
days of its delivery. 
(2) The Comptroller may, within two days of the receipt of 
such copy, cnter an appeal from the j udgmcnt, even though he was 
not a party to the action before the first court. 
55. The operative part of any jUdgment declaring the nullity or 
pronouncing the annulment of a patcnt, shall, by the Comptroller, 
be entered in a special register, amI shall be published by means of 
a notice in the Government Gazette. 
56. Where a patent has been declared null on any of the 
grounds stated in paragraphs (c) and (d) of section 44, the 
Comptroller may, on the application of the true inventor, made in 
accordance with the provisions of this Ordinance, grant to him a 
patent bearing the same date as the date of the patent so annulled, 
but the new patent shall ccase on the expiration of the term for 
which the first patent was granted. 
Title VI 
RESIORA IION OF PATENTS 
57. (I) Where a patent has become void owing to the failure 
of the patentee to pay any prescribed fee within the prescribed time, 
the patentee may apply to the Comptroller for an order for the 
restoration of the patent. 
(2) Every such application shall be accompanied by -
(a) the fee due according to the Schedule annexed hereto 
on an application for the restoration of a patent; 
(b) a statement of the circumstanccs which havc led to the 
omission of the payment of the prcscribed fce; 
(c) o\le or more declarations verifying the statement 
contained in SLlch application. 
(3) If it appears from such statemcnt that the omission of the 
payment'was unintentional and that no undue delay has occurred in 
the making of the application, the Comptroller shall accept the 
application and shall advertise the acceptance by means of a notice 
to be published, at least, three times in the Government Gazette and 
in another periodical newspaper. 
(4) The notice shall also contain an intimation that, on the 
expiration of two months, in default of lawful opposition, the Proceedings. 
Appointment of 
expclts. 
Duties of registrar. 
AllIendedby: 
JV.1966.8. 
Duties of 
Comptroller. 
AllIendedby: 
JV.1966.9. 
Where patent has 
been declared null 
on any of the 
grounds stated in 
paragraphs Cc) and 
(d) Of5.44. 
Added by: 
1I!.1934.1. 
Procedure for the 
restoration of 
patents which have 
become void, 
owing to failure of 
payment of 
prescribed fee. 
Added by: 
1I!.1934.2. 
AllIendedby: 
xx. 1948.6. IP/N/1/MLTIIII 
Page 13 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Opposition to 
restoration. 
Added by: 
111.1934.2. 
Copy of 
opposition to be 
transmitted to 
application. 
Added by: 
111.1934.2. 
Contestation of 
opposition. 
Added by: 
111.1934.2. 
Comptroller to 
decide whether 
there be grollnd 
for opposition. 
Appeal. 
Added by: 
JI!.J934.2. 
If no opposition 
is entered. 
Added by: 
111.1934.2. 
Amended by: 
L.N. 2 of 1963; 
X1.1977.2. 
Provisions forthe 
protection of 
third pm1ies. 
Added by: 
111.1934.2. patent referred to in the notice shall be restored. 
58. At any time within two months from the date of the 
publication of the first of such notices, any person may make to the 
Comptroller opposition to the restoration of the patent. Such 
opposition shall be accompanied by a statement in duplicate setting 
out fully the nature of the opponent's interest, the facts upon which 
he bases his case and the relief which he seeks. 
59. A copy of the opposition and of the statement shall be 
transmitted by the Comptroller to the applicant. 
60. (I) If the applicant is desirous of contesting the opposition, 
he shall, within fourteen days of the receipt of such copies, or such 
further time as the Comptroller may allow, file a counter-statement 
fully setting out the grounds on which he contests the opposition. 
(2) On the expiration of the time mentioned in subsection (I) of 
this section, the Comptroller shall decide whether there be ground 
for the opposition and shall communicate his decision to the parties 
concerned. 
61. (I) From such decision the party against whom it is given, 
may enter an appeal in accordance with the provisions of 
subsections (I) and (2) of section 17. 
(2) The provisions of subsection (3) of the said section shall 
also apply to sllch appeal. 
62. (I) If no opposition to the application is entered or if the 
opposition is definitely rejected, the Comptroller shall definitively 
approve the application for the restoration of thc patent, and shall 
report his approval to the Minister responsible for trade, who, on the 
receipt of such report, wi II make an order for the restoration of the 
patent. 
(2) The order for the restoration of the patent shall be issued 
under the signature of the Minister responsible for trade and shall be 
published by means of a notice in the Government Gazette. 
(3) All unpaid annual fees must be paid before the order for 
restoration is made. 
63. In every order restoring a patent, provisions shall be 
inserted for the protection of persons who may have availed 
themselves of the subject-matter of the patent after the patent has 
been announced as void by notice in the Government Gazette. Such 
provisions shall restrain the patentee from commencing or 
prosecuting any action or other proceeding, and from recovering 
any damage -
(a) in respect of any infringement of the patent which shall 
have taken place ufter the date on which the patent was 
announced, by notice in the Government Gazette, to be 
void and before the date of the order; IP /NI lIMLT 1111 
Page 14 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
(b) in respect of the use or employment at any time 
thereafter of any mechanism, machine, machinery, 
process or operation actually made or carried on 
within Malta, or of the use, purchase, or sale of any 
article manufactured or made in infringement of the 
patent after the date of the said announcement and 
before the date of the order; provided that such use, 
purchase, sale or employment is by the person or body 
corporate by or for whom such machine or machinery 
or article was'IJOlla fide manufactured or made, or such 
mechanism, machine, machinery, process or operation 
was bonG jlde made or carried on, his or their 
cxeclltors, adm inistrutors, Sllccessors or vendees or his 
or thcir assigns respectively; 
(c) in respect of the use, cmployment, or sale at any time 
thereafter by any person or body corporate entitled for 
the time being under the preceding paragraph to use or 
employ any machine or machinery, mechanism, 
process, or operation of any improved or additional 
machine, machinery, mechanism, process or operation 
or of the use or sale of any article manufactured or 
made by any of the means aforesaid in infringement of 
the patent; provided that the use or employment of any 
such improved or additional machine, machinery, 
mechanism, process, or operation shall be limited to 
the buildings, works or premises existing at the time 
being or afterwards erccted, of the person or body 
corporate by or for whom such machine, machinery, 
mechanism, proccss or operation was made or carried 
on within the meaning of the preceding paragraph, his 
or thcir executors, administrators, successors or 
asslgns. 
64. The order shall further provide that if any person within 
one year after the date thereof makes an application to the court for 
compensation in respect of money, time or labour expended by the 
applicant upon the subject-maller of the patent in the bona fide 
belief that such patent had become and continued to be void, it shall 
be lawful for the court after hearing the parties concerned or their 
agents, to assess the amount of such compensation if in the opinion 
of the court the application ought to bc granted, and to specify the 
party by whom and the day on which such compensation shall be 
paid, and if default shall be made in payment of the sum awarded, 
then the said patent shall become void, but the sum awarded shall 
not in that case be recoverable as a debt or damages. Compensation. 
Added by: 
IfI.1934.2. JP INI1IML T 1111 
Page 15 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Author of new 
design or modd 
of manufacture. 
Right to demand 
registration of 
design or modd 
of m:Ulllfacture. 
Etlect of 
registration. 
Copyright. 
Definition of 
design or model 
of manufacture. 
Copyright on 
registration -
duration -
extension. 
Amended by: 
XXXI. 1937.2; 
VI. 1967.20. 
Cap. 196. 
Registration of 
design or model 
of manufacture 
obtained 
elsewhere. 
Amended by: 
VII.J 907.4; 
XI. 1977.2. PART II 
DESIGNS AND MODELS OF MANUFACTURE 
65. The author of a new design or model of manufacture shall 
be considered the proprietor thereof, unless he executed the work on 
behalf of another person for good consideration, in which case such 
person shall be considered the proprietor of the new design or model 
of manufacture. 
66. The proprietor of a new design or model of manufacture 
may demand and obtain the registration of his design or model of 
manufacture to the extent and on the conditions hereunder stated. 
67. Such registration gives to the proprietor copyright in the 
design or model, that is, the exclusive right to reproduce the design 
or model and to apply such design or model to any of the articles or 
substances mentioned in the next following section. 
68. In this Ordinance, design or model of manufacture means 
any design or model which, by whatever means or process, is 
applicable to any article of manufacture or to any other substance, 
natural or artificial, or partly natural and partly artificial, whether 
the design or model is applicable for the pattern, or for the shape or 
configuration, or for the ornament thereoL 
69. (I) When a design is registered, the registered proprietor of 
the design shall have copyright in the design during five years from 
the date of registration. 
(2) If before the expiration of the said five years or within such 
time (not c.\ceeding three months) as the Comptroller may allow, 
application for the c.\tension of the period of copyright is made to 
the Comptroller, the Comptroller shall, on payment of the 
prcscribed fee, e:\tcnd the period of copyright for a second period of 
five years from the expiration of the original period of five years. 
(3) If beforc the expiration of such second period of five years 
or within such further time (not e:\ceeding three months) as the 
Comptroller may allow, application for the extension of the period 
of copyright is made to the Comptroller, the Comptroller may, on 
payment of the prescribed fee, extend the period of copyright for a 
third period of five years from the expiration of the second period of 
five years. 
(4) The provisions of this section shall have effect subject to the 
provision of subsection (3) of section 3 of the Copyright Act. 
70. (I) Any person who has appl ied for protection for a design 
or model of manufacture in any country with which Malta has made 
an arrangement for mutual protection of designs or models of 
manufacture, shall be entitled to registration of his design or model 
under this Ordinance in priority to other applicants; and such 
registration shall have the same date as the date of the application 
made in the country concerned: 
Provided that -
(a) such application is made within four months from the IP/N/1/MLTIIl1 
Page 16 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
date of the application for protection in the countly 
with which the arrangement is in force; 
(b) nothing in this section contained shall entitle the 
proprietor of the design or model of manufacture to 
recover damages for infringements happening prior to 
the date of the actual registration of his design or 
model in Mnlta. 
(2) The exhibition or use in Mnlta during the period nforesaid, 
of the design or model of manufacture, 'or the publication therein 
during such period of a description or representation of the design 
or model shall not invalidate the registration of such design or 
model of mnnufaeture. 
(3) The application for the registration of a design or model or 
nlfinufacture under this section, must be made in the same manner 
as an ordinnry application under this Ordinance. 
(4) The provision of section 6 shall apply, IIIlIlatis I/Iutandis, to 
any country with which an arrangement as is referred to in 
subsection (I) of this section has been mnde. 
71. An application for the registration of a new design or Application for 
model of manufacture shall be made to the Comptroller. It shall be registration. 
signed by the inventor or by his special attorney, and shall contain -
(a) the name, surname, place of birth and residence of the 
applicant or of his attorney, if any; 
(b) a description of the design or model, showing shortly, 
but with precision, its main characteristics; 
(c) nn indication of the class of articles or substnnces to 
which the applicant intends to apply the new design or 
model. 
72. Every application shall be accompanied by -
(a) the drawings, besides the models which the applicant 
considers useful for the proper comprehension of his 
invention; 
(b) the fee due according to the Schedule annexed hereto 
on the registration of a new design or model; 
(c) if there be an attorney, the power of attorney in any of 
the forms as provided in paragraph (d) of section 10; 
(d) a list of the papers and documents produced. 
73. The applicant shall furnish to the Comptroller a number of 
tracings and drawings sufficient, in the opinion of the Comptroller, 
for enabling him to identify the new design. 
74. (I) The drawings shall be traced by outlines in ink or 
water-colours, and according to a scale. 
(2) The Comptroller may refuse any drawing produced by 
lithography or photography. To be accompanied 
by celtain 
documents. 
Amended by: 
XX.J94S.7. 
Tracings and 
drawings to be 
fumished on 
application. 
Drawings to be in 
ink or water­
colours. IP/N/1/MLTlIIl 
Page 17 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Registration of 
design or model. 
Substituted by: 
IV. 1966. 10. 
Inspection of 
regiskred 
designs or 
models. 
AlIlendedby: 
WJ966.J J. 
Appeal in case of 
disallowance of 
application. 
Alticles to which 
design or modd 
is to be applied 
shall be marked. 
Designs 
registered bd'ore 
9th November. 
1937. 
Added by: 
XXXf.J937.3. 
Alllendedby: 
VJJJ.l 939. 3. 
Essential 
pruiiculars of 
trade mark. 
Alllendedby: 
IV. J 966. J 2. 75. If the application is allowed by the Comptroller, the new 
design or model of manufacture shall be registered in the Register 
of Designs and Models of Manufacture and such registration shall 
be advertised in the Government Gazette by means of a notice 
signed by the Comptroller. 
76. During the existence of copyright in a design or model of 
manufacture, the design or model shall not be open to inspection 
except by the proprietor, or his lawful representative, or by a person 
authorised on good grounds by the Comptroller or by the court, and 
except in the presence of the Comptroller and on payment of the 
prescribed fee for inspection: 
Provided that where registration of a design or model of 
manufacture is refused on the ground of identity with a design or 
model of manufacture already registered, the applicant for 
registration shall be entitled to inspect the design or model so 
registered. 
77. If the Comptroller does not allow the application, notice of 
the disallowance shall be given to the applicant who shall be 
entitled to enter an appeal from the decision of the Comptroller in 
terms of section 17. 
78. Before the del i very or sale of any article to which a 
registered design or model of manufacture is to be applied, the 
proprictor of the design or model shall cause such aI·ticlc to be 
marked with that design or model, or with words or figures denoting 
that the design or model is registered; and if he fails to do so, the 
copyright shall cease, unless he shows that he took all proper steps 
to ensure the marking of the article. 
79. Nothing in this Part contained shall affect any rights 
subsisting in a design registered in Malta before the ninth day of 
November, one thousand nine hundrcd and thirty-seven. 
PART III 
TRADE MARKS 
80. Marks intended to distinguish the produce of any industry 
or articles of trade arc considcrcd to bc trade marks, provided they 
contain at least onc of thc following particulars: 
Ca) a name of an individual or a firmnamc of a commercial 
partnership, printed, impressed, or woven in some 
particular and distinctive manner; or 
Cb) a written signature or copy of a written signature of the 
individual applying for registration thereof as a trade 
mark; 
Cc) a distinctive device, mark, brand, heading, label, ticket, 
or fancy word or words not in common use; or 
(d) a word or words having no direct reference to the 
character or quality of the goods and not being IP /NI lIMLT 11/1 
Page 18 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
according to the ordinary signification a surname or a 
geographical name. 
81. (I) The marks and words referred to in the last preceding 
section must be different from those already legally used by other 
persons. 
(2) There may be added, in a trade mark, to anyone or more of 
the particulars stated in the last preceding section, any words or 
figures, or combination of won.!,; and figures. 
82. Any person lllay have the e;-.;clusive use of a trade mark 
provided he complies with the provisions of the following sections 
of this Part. 
83. Any person who is desirous of securing for himself the 
exclusive use of any trade mark, must present to the Comptroller an 
application in the form anne;-.;ec! hereto, and accompanicd by -
(a) two representations of the trade mark; 
(b) a declaration stating the kind of articles to which it is 
intended to affi:-.: the mark, and whether the mark is to 
be affi;-.;ed to articles produced by the declarant, or to 
goods of his trade, 
(c) a description of the mark; 
(d) the fee prescribed in Schedule B anne:-.:ed hereto, for 
rcgistration of trade marks. 
84. The representations of a trade mark shall be made on 
metallic plates, pieces of strong cardboard, or parchment or similar 
materials which, in the opinion of the Comptroller, are of a durable 
nature. 
85. (l) The Comptroller shall wri te on the representations of 
the trade mark a progressive number and the date on which they are 
deposited; such representations shall moreover be signed by the 
person depositing them and by the officer receiving them. 
(2) If this be impracticable, the said indications shall be made 
on small pieces of cardboard to be attached to the representations. 
86. All such documents as are presented for the purpose of 
registering a trade mark, shall be signed by the Comptroller. 
87. Every application for registration of a trade mark shall, as 
soon as may be, be advertised by the Comptroller in the Gazette or 
such other official publication as the Minister responsible for trade 
may by notice in the Gazette prescribe. 
88. (I) Any person may, within two months from the 
publication of the advertisement referred to in the last preceding 
section, give notice, in duplicate, at the office of the Comptroller, 
of opposition to the application for registration. Such notice shall 
contain a statement of the grounds upon which he objects to the 
registration, and one copy of such notice shall be sent to the 
applicant with an intimation that he may send a counter-statement Marks and words 
nlll~t be differcnt 
from others already 
used by others. 
Exclusive use of 
trade mark. 
Application for 
registration of 
trade mark. 
Amended by: 
;0:.1948.8; 
JV.1966. 13. 
Representations of 
trade mark. 
Progrcssive 
nllmber on the 
representations. 
DocumenL~ 
presented to be 
signed by 
Comptroller. 
Adveliisemcnt of 
applications. 
Substituted by: 
XIX. 1997.3. 
Opposition to 
application for 
registration. 
Amended by: 
lV. 1966. 14; 
L.N. 148 of 1975; 
XXIV. 1995.362. IP /N/1/MLT /111 
Page 19 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Non-compldioll 
within t\Vd\'~ 
months. 
Ddinitiw 
approval of 
application. 
Connection of 
trade m:u·k with 
goods. 
Registrat ion of a 
series of marks. 
Trade mark may 
be registered in 
any colour. 
Power of 
Comptroller. in duplicate of his grounds against the opposition. 
(2) If the applicant fails to send such counter-statement within 
two months from the receipt by him of the said copy of the notice 
and intimation, his application shall be considered as abandoned; 
but, if he sends sllch counter-statement, it shall be communicated to 
the person who gave notice of opposition. 
(3) The opposition shall be deemed to be withdrawn if, within 
two months from the receipt by him of such counter-statement, the 
opponent fails to bring an action, by writ of summons, before the 
Civil Court, First I-Iall, demanding that the registration be not 
granted, and fails to give, together with the writ of summons, 
sufficient security for the costs of the suit. 
81). Thc application for the rcgistration of a trade mark shall 
also be deemed to be abanuoned, if, by reason of default on the part 
of the applicant, registration could not be completed within twelve 
months from the date of the application. 
1)0. Upon completion of the formalities required by the 
foregoing provisions, if there has been no opposition in terms of 
section 88 or if the opposition has been finally rejected, the 
Comptroller shall definitively approve the application for the grant 
of a certificate of registration of the trade mark. 
1)1. (1) A trade mark must be registered for particular goods or 
classes of goods. 
(2) When a person claiming to be the proprietor of several trade 
marks Which, while resembling each other in the material 
particulars thereof, yet differ in respcct of -
(a) the statement of the goods for which they are 
respectively used or proposed to be used; or 
(b) statcments of numbers; or 
(c) statements of price; or 
(d) statements of quality; or 
(e) statements of names of places; 
seeks to register such trade marks, they may be registered as a series 
in one registration. 
(3) Each of the trade marks so registered shall, however, be 
deemed to be registered separately. 
92. A trade mark may be registered in any colour, and the 
proprietor shall be entitled to use it in the colour in which it was 
registered or in any other colour. 
93. (1) The Comptroller may, on good grounds, refuse to 
register a trade mark. 
(2) In any sllch casc he must communicate his refusal in writing 
to the applicant who may avail himself of the remedy referred to in 
section 17. IP /NI lIMLT /Ill 
Page 20 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
94. If the application is allowed by the Comptroller, the trade 
mark shall be entered in the Register of Trade Marks as provided in 
Part V. 
95. The registration of a person as proprietor of a trade mark 
shall entitle him to the exclusive use of the mark from the date of 
the application for registration; but he shall not be entitled to 
institute any proceedings to recover damages for any infringement 
of the trade mark occurring before the publication of the certificate 
of registration in the Government Gazelte. 
96. Registration shall not operate so as to guarantee tlie 
reputation of a trade mark or the validity of the title to the trade 
mark or the excellence or origin of the goods or the cxistence of the 
other conditions required for the validity of the certificate of 
registration. 
97. The provisions contained in section 70 for the protcction of 
designs or modcls of manufacture registered abroad shall apply to 
trade marks. 
98. Where a person claiming under the proprietor of a trade 
mark, or being his successor in business or trade, intends to retain 
the use of such mark, he must comply with the provisions contained 
in Title IV of Part I relating to the assignmcnt of patents in so far as 
they may be applicable. 
99. The assignment of a registercd trade mark shall not be 
valid unless such assignmcnt includes also the right to trade in the 
goods or in the class of goods in respect of which the mark has been 
registered. 
100. Notwithstanding the provisions of subsection (3) of 
section 91, such marks as are registered as a series, as provided in 
that section, cannot be assigned separately, but shall be assignable 
only as a whole. 
101. The proprietor of a registered trade mark shall forfeit his 
right to the cxclusive use thereof, if at the expiration of fourteen 
years from the date of the registration of the mark, he fails to pay to 
the Comptroller, within onc month, the fee prescribed in Schedule 
B, provided the Comptroller shall have sent to the proprietor of the 
mark two notices in writing requiring the payment of the said fee, 
with an intimation that, in default of payment, the trade mark will 
be removed from the register: one of such notices must be sent 
three months, and the other two months, before the expiration of 
the said term of fourteen years. 
102. Where a trade mark has been removed from the register, 
the Comptroller may, on good grounds shown, restore such trade 
mark to the register on payment by the applicant of the prescribed 
additional fee. 
103. Where a trade mark has been removed from the register for 
non-payment of the fee mentioned in section 10 I, such trade mark 
shall, nevertheless, for the purpose of any application for 
registration, be deemed to be, during the five years next after the 
date of such removal, a trade mark which is still registered. Procedure when 
the application is 
allowed. 
Right of proprietor 
to exclusive use of 
trade mark. 
Registration does 
not guarantee 
validity of title to 
trade nHu'k, etc. 
Right of ownership 
of marks rcgiskred 
abroad. 
Amended by: 
vlJ.J 907.5. 
Rights of 
successor in 
business to retain 
use of trade mark. 
Assignment of 
registered trade 
mark must include 
right to trade in the 
goods. 
A,.>signment of 
m:u-ks registered as 
a series. 
Forfeiture of right 
to make use of 
mark. 
Re-registration 
of cancelled mark. 
Status of 
unrcncwed trade 
mark. IP /N/1/ML T /111 
Page 21 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Infringemcnt of 
patent. 
All/ended by: 
1/.1928.2; 
L.N. 148011975; 
X)([f.1976..J.; 
X1lf.1983.5; 
)(XfV.1995.362. 
Infringemcnt of 
copyright in 
d~sign or modd 
of manufacture. 
All/ended by: 
XI. 1977.2; 
XJff. 1 983.5. 
Infringem~nt of 
registercd trade 
mark. 
Amended by: 
11.1928.2; 
L.N. 148011975; 
X,(Iv'1995.362. 
Delivery lip of 
infJ-inging 
mtic1cs, etc. PART IV 
INFRINGEMENT OF PA TENTS, OF COPYRIGHT IN DESIGNS AND 
MODELS OF MANUFACTURE, AND OF TRADE MARKS, AND 
ACTIONS RELATING THERETO 
Title I 
CIVIL ACTIONS 
10-1. Whoever in fraud and contravention of a patent, 
manufactures any goods, or uses any machine or other industrial 
means or contrivances, or sells, e:\poses for sale or has in his 
possession for sak, or imports into Malta infringing articles, shall 
be liable, at the suit of the holder of the patent, to be condemned by 
the Civil Court, First Hall, either to the payment of damages and 
interest, or to the payment of a fine of not less than ten, nor 
e:\ceeding five hundred liri, or to the restitution of all the profit 
derived from the infringement of the patent. 
105. Whosoever shall, during the existence of copyright in a 
design or model of manufacture -
Ca) for the purposes of sale apply, without the written 
consent of the proprietor, the registered design or 
model of manufacture, or any fraudulent or obvious 
imitation thereof, to any class of articles or substances 
of those referred to in section 68; 
(b) publish or expose for sale any article of manufacture or 
substances to which such design or model of 
manufacture or any fraudulent or obvious imitation 
thereof shall have been applied, knowing that the same 
has been so applied without the consent of the 
proprietor; 
shall be liable, at the instance of the proprietor of the design or 
model, to be condemned, by the court referred to in the last 
preceding section, to pay to the proprietor of the design or model of 
manufacture, a fine not exceeding fifty liri, or to the payment of 
damages and interest. 
lOG. Whosoever shall commit any act in violation of the rights 
of any person in whose favour a trade mark has been registered, for 
which, under the provisions of Title II of this Part, he is liable to 
criminal proceedings, may, at the instance of the proprietor of the 
trade mark, be condemned by the Civil Court, First Hall, as 
provided in section 104. 
107. The court may, moreover, in each of the cases referred to in 
the last three preceding sections, on the application of the plaintiff, 
order that the machinery or other industrial means or contrivances 
used in contravention of the patent or in contravention of the rights 
of the proprietor of the design or model of manufacture, or of the IP/N/1/MLT/I/l 
Page 22 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
trade mark, the infringing articles, and the apparatus destined for 
their production, be forfeited, wholly or partially, and delivered up 
to the holder of the patent, copyright or trade mark, without 
prejudice to the relief mentioned in those sections. 
108. Where the holder of the articles mentioned in the last 
preceding section has acted without malice or fraud, he shall only 
be liable to the said forfeiture in favour of the party injured. 
109. The civil action is brought by writ of summons. 
110. If, for the purpose of securing the claim for the forfeiture 
referred to in section 107, application is made for the issue of a 
warrant of description or of a garnishee onler, or of a warrant of 
seizure, or for the gran t of a prohi bi tory inj unction, the court may, 
before issuing the said warrant, order or injunction, require the 
applicant to give security. 
111. Civil actions under this Ordinance shall be barred by the 
lapse of five years in all cases in which no other period within 
which such actions may be brought is i'i:-.:ed in this Ordinance. 
'l'i tie I I 
CRIMINAL ACTIONS Where infringer 
acts without malice 
or fraud. 
How civil action is 
instituted. 
Security. 
Limitation of civil 
action. 
112. (I) Whoever puts into circulation, or sells any article, Offences. 
falsely representing that it is a patented article, or that the design or 
model of manufacture, or the trade mark, applied to it, has been 
registered with reference thereto, shall, oil conviction, be liable to a 
fine Call1lllenda). 
(2) If any person puts into circulation or sells an aI·tic1e having 
stamped, engraved, or impressed thereon or otherwise applied 
thereto the word" patent", "pa ten ted", "registered", or any other 
word expressing or implying that a patent has been obtained for the 
article, or that the design or model of manufacture, or trade mark is 
registered, he shall be deemed for the purposes of this section to 
represent that the article is a patented article or that the design, 
model or mark applied thereto is a registered design, model or 
mark. 
113. Pending any proceedings, commenced by summons or by Powers of 
the arrest of the accused, for anyone of the offences referred to in magistrates. 
this Part, any magistrate, if he is satisfied by information on oath 
that there is reasonable cause to suspect that any goods or things by 
means of, or in relation to which the offence has been committed, 
are in any house or premises of the accused, or are in his possession 
or under his control in any other place, may, by a warrant under his 
hand, direct any officer of the Executive Police to be named in the 
warrant, to enter any house, premises or place, also to be named 
therein, and there to search for, seize, and remove such goods or 
things. IP /N/1/MLT/IIl 
Page 23 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Where owner of 
goods is 
unknown. 
Forfeiture of 
things seized. 
Amended by: 
VJ1!.1990.3. 
Procedure where 
owner is 
unknown. 
Award of 
compensation to 
parties in good 
faith. 
Limitation of 
criminal actions. 
Imported goods. 
Amended by: 
XI.1977.2: 
IX. 1982.2. 
Forfeiture takes 
place ipso jure. 
Amended by: 
XVI. 1960.3. 114. If the owner of any goods or things, which, if he were 
convicted of any of the offences referred to in this Part, would be 
liable to forfeiture, is unknown or cannot be found, any magistrate 
may in the like manner and in the circumstances required in the last 
preceding section, issue the said warrant. 
lIS. The goods and things so seized shall be produced before 
the Court of Magistrates silting as a court of criminal judicature, 
and such court shall determine vvhether they are liable to forfeiture 
under this Ordinance. 
116. (I) In the case referred to in section 114, the court shall 
order the issue of banns which shall be published twice, with an 
interval of at least eight days, in the Government Gazette, and 
posted up at the entrance of the building wherein the court sits, and 
in Hny other place \\'hich the court may deem fit, stating that the 
goods or things seized shall be forfeited, unless at the time and 
place named in the banns the owner of such goods or things or other 
person interested in such goods or things attends before the court 
and shows cause to the contrary. 
(2) If the owner or any person on his behalf, or other person 
interested in the said goods or things, fails to attend at the time and 
place named in the banns to show cause to the contrary, it shall be 
lawful for thc court to direct that such goods or things or any of 
them be forfeited. 
117. The court may direct that the goods or things so forfeited 
be destroyed or disposed of, after the trade marks or other trade 
descriptions have been obliterated from them, and may also direct 
that, out of the net proceeds which may be realized by the disposal 
of such goods or things and up to the amount thereof, any persons 
who, bcing in good faith, were injured by the forfeiture, be awarded 
compensation for any loss caused to them. 
118. Criminal actions under this Ordinance shall be barred by 
the lapse of three years from the day on which the act constituting 
the offence was committed, if the person to whose prejudice the act 
was committed, had no previous knowledge thereof; in all other 
cases the period of limitation shall be one year from the day on 
which such person became aware of that act. 
119. (I) The importation of goods which, if sold, would, under 
this Ordinance, be liable to forfeiture, and also of all goods 
manufactured out of Malta, bearing any Maltese name or trade mark 
or bearing any other name or trade mark, and not showing a definite 
indication of the country in which such goods were produced, is 
prohibited. 
(2) The provisions of this section shall not be applicable to 
goods which are landed in Malta to be re-exported. 
120. (I) F orfei ture shall take place ipso jure if within one 
month from the date of the publication of the notice hereunder 
mentioned, no claim for the goods is made by any person. 
(2) Such notice, signed by the Comptroller of Customs, shall be 
published twice, with an interval of at least fifteen days, in the IP /NI lIML T/IIl 
Page 24 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
Government Gazette and in another periodical newspaper, and shall 
be posted up at the entrance of the Custom I-louse and at the 
Exchange. It shall indicate the goods subject to forfeiture, and the 
cause of forfeiture, and shall state that, unless claimed by means of 
a judicial or other letter addressed to thc Comptroller of Customs, 
within one month from the date of the notice, the goods shall be 
forfeited. 
121. If the goods are claimed, the Attorney General shall, with 
all convenient dispatch, make an application to the Civil Court, 
First Hall, for an order for the forfeiture of the goods seized. 
122. The Comptroller of Customs, before refusing to deliver 
the goods referred to in section 119, and before proceeding, after 
the publication of the said notice, to the forfciture of such goods, 
and the Attorney General, before instituting the proceedings 
mentioned in the last preceding section, may require that the 
provisions of the regulations hereunder named be complied with by 
the parties concerned, and they shall moreover satisfy themselves, 
in accordance with those regulations, that such goods arc goods the 
importation whereof is prohibited undcr this Ordinance. 
123. The Mini~ter responsibk for trade may make, vary or 
revoke regulations, either general or spccial, respecting -
(a) the seizure ami forfeiture of goods the importation of 
which is prohibited by section I 19; 
Cb) the conditions to bc fulfilled before sllch seizure or 
forfeiture; 
(c) the information, notices, and security to be given, and 
the evidence requisite for the purposes of the last 
preceding section; 
(d) the reimbursement to the Government by the person 
giving the information on which the said goods were 
unjustly seized or forfeited, of all expenses and 
damages incurred in consequence of any such unjust 
seizure or forfei ture, and of any proceedings 
consequent on such seizure or forfeiture. 
124. For the purposes of this Ordinance, on the sale of any 
goods to which a trade mark, or other mark, or trade description has 
been applied, the vendor shall be deemed to warrant that the trade 
mark, other mark, or description is genuine and not forged or 
falsely applied, unless the contrary is proved by some writing 
signed by the vendor and delivered, at the time of the sale, to and 
accepted 'by the buyer. 
125. The provisions of this Title relating to the use of forged 
marks shall not apply to the use of any mark of manufacture or 
description used in trade to indicate goods of a particular class, or 
the manufacture thereof by any particular method, where, at the Application of 
Attomey General 
for order for 
forfeiture. 
Amended by: 
L.N. 46 o[ 1 965; 
LVI!!. 1974.68; 
L.N. 1480[1975; 
XXlV.1995.362. 
Powers of 
Comptroller of 
Customs and 
Attomey General. 
AI/lendedby: 
XV1.1960.3; 
L.N. 460[1965; 
LVJJJ. 1974.68. 
Power of Minister 
responsible for 
trade to make 
regulations. 
AI/lendedby: 
L.N. 2 o[ 1963; 
Xl. 1977.2. 
Implied walTanty 
on sale of marked 
goods. 
Use of forged 
marks. IP/N/lIMLT/IIl 
Page 25 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Right to d,ullag~s 
not afr~ct~d. 
Privil~ge may not 
be claimed by 
witness. 
Master and 
servant. 
Registers to b~ 
kept at ollice of 
Comptroller of 
Industrial 
Propelty. 
Amended by: 
!V. J966. J5. 
Contents of 
registers. 
Amended by: 
L.N. 2 of 1963; 
XI. 1977.2. 
Register of 
assiglUl1ents. 
Amended by: 
IV. 1966.16. time of the promulgation of this Ordinance, such mark of 
manufacture or description was lawfully and generally applied for 
the above-mentioned purpose: 
Provided that where such mark of manufacture or description 
includes the name of a place or country where the goods to which 
the genuine commercial designation thcreof refers were produced, 
and such name is calculated to mislead as to the place or country 
where the goods were actually produced, and the goods are not 
produced in the place or country indicated in the mark of 
manufacture or description in use, the provisions of this section 
shall not apply, unless there is added to the mark of manufacture or 
description, immediatdy before or after the name of the said place 
or country, in an equally conspicuous manner, with that name, the 
name of the place or country in which the goods were actually made 
or produced, and unless there is also stated that the goods were 
made or produced in tlHtt place or country. 
126. The provisions of this Title shall apply without prejUdice to 
the payment of damages to persons entitled thereto. 
127. No person shall be excused from making a complete 
statement of every fact within his knowledge, nor shall any witness 
be e;..;cused from giving testimony in any proceeding, on the ground 
that he might become liable to prosecution for anyone of the 
offences mentioned in this Title; but any statement or testimony so 
made or given, shall not be admissible in evidence against such 
person in any proseclltion for any sllch offence. 
128. No proceedings shall be instituted against any person in the 
service of another person residing in Malta, if, in good faith, he has 
acted in obedience to the instructions of his employer, and, on being 
questioned by the Police, givcs full information as to his employer. 
PART V 
REGISTER OF PATENTS, DESIGNS AND MODELS OF 
MANUFACTURE AND TRADE MARKS 
129. There shall be kept at the office of the Comptroller of 
Industrial Property a rcgister of industrial patents, a register of 
inventions of new designs and models of manufacture, and a register 
or trade marks. 
130. There shall be entered in the respective register the patents 
issued or the copyrights registered as well as all subsequent 
modifications, revocations, declarations of nullity, and forfeitures 
affecting such patents or copyrights, and all ~ther matters the 
registration whereof is prescribed by the regulations made by the 
Minister responsible for trade. 
131. There shall also be kept at the office of the Comptroller of 
Industrial Property a register of assignments of patents, copyrights 
in designs and models of manufacture and trade marks, and an IP /NI 1/MLT 1111 
Page 26 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
annotation of any such assignment shall be made against the 
original entry of the patent or other right so assigned. 
132. (I) There shall be entered in each of the registers 
mentioned in section 129 under a progressive number, all 
applications and documents filed therewith, the name, surname, 
country, father's name and place of domicile of the applicant and 
his attorney, if any, the subject-matter of the application and the 
date of presentation. 
(2) To the said entries then:~ shall be added -
Ca) in the register of industrial patents, the title of the 
invention for which a patent is claimed; 
Cb) in the register of inventions of new uesigns and models 
of manufacture, un indication of the design or model of 
manufacture for which copyright is claimed; 
Cc) in the register of trade marks, an indication of the 
object for which the marks are intended. 
133. In the register of industrial patents, a reference to the 
specifications which may have been filed shall also be entered. 
134. In each of the registcrs referreu to in the foregoing 
sections, a column shall be reserved for any annotations which it 
may become necessary to enter. 
135. (1) To each of the said registers there shall be an 
alphabetical index of the surnames and names of the persons whose 
right or application has been registered. 
(2) In the index of the register for assignments, reference shall 
be made to the progressive number of the general register. 
136. Saving the provisions of' section 76, the said registers 
shall be open to the inspection of any person at the office of the 
Comptroller, and copies of or extracts therefrom as well as copies 
of or extracts from the specifications kept at the office of the 
Comptroller, written or printeu, signeu by the Comptroller of 
Industrial Property, shall be given to any person requiring the same 
on payment of the fees prescribed in the annexed Schedules, to be 
made at the time of the request. 
137. (I) The registers as well as the copies of or extracts from 
the registers or the specifications kept at the office of the 
Comptroller, and certificates signed by the Comptroller of 
Industrial Property, shall, until the contrary is proved, be evidence 
of their contents. 
(2) No proof of their authenticity is required other than that 
which they bear on the face of them. Applications to be 
entered in 
registers. 
Sllbstitllted by: 
lV. 1966. 17. 
Other entries in 
register of 
industrial 
patents. 
Substituted by: 
IV. 1966. 18. 
Column for 
alUlotations. 
Alphabetical 
index. 
Alllendedby: 
IV, 1966. 19. 
Inspection of and 
extracl~ from 
registers. 
Alllendedby: 
XIX. 1960.2; 
lV.1966.20. 
Registers and 
extracl~ to be 
evidence of their 
contents. 
Alllendedby: 
X1X.1960.3; 
IV. 1966.21. IP /N/1/MLT IIII 
Page 27 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Rectification or 
cancellation of 
registration. 
Amended by: 
11.1928.2; 
IV, 1966. 22; 
L.N. 148 of 1975; 
XXJV.I995.362. 
Proceedings. 
Notice in 
GOYelllment 
Gazelle. 
Applicability of 
ss.960-962 of 
Code of 
Organization and 
Civil Procedure. 
Cap. 12. 
Tilllcwithin 
which 
rectification, etc., 
is to be made. 
Alllendedby: 
]V, 1966. 23. 
Procedure where 
cancellation is 
requested by 
proprietor. 
Added by: 
X1.J986.2. 138 .. (I) Any person may bring an action for the rectification or 
cancellation of any entry made in the register, or for the registration 
of any act which the Comptroller may have refused to enter. 
(2) Any such action shall be brought before the Civil Court, 
First Hall, by a writ of summons in which the Comptroller and a 
curator to be appointed by the court to represent any person who 
may have an interest in the matter, shall be named as defendants. 
139. (I) Fiftecn days at least before the trial of the action 
referred to in the last preceding section, a noticc shall, by order of 
the court, be published in the Government Gazettc, calling upon any 
interested party to declare, by a note, within fifteen days from the 
publication of the said noticc, whether he intends to oppose the 
demand contained in the writ of summons. 
(2) Notice of the day appointed for the trial of the action shall 
be given to any person who shall, within the said time, have filed 
any such note. 
14U. Nothing in the last two preceding sections contained shall 
be in derogation of the provisions contained in sections 960, 961 
and 962 of the Code of Organization and Civil Procedure. 
141. (I) Any rectification, canccllation, or rcgistration ordered 
by the court shall be made by the Comptroller within thc time of ten 
days from the day on which the judgment shall have become a res 
judicata. 
(2) Reference to the judgment shall be made by a note in the 
margin of the respective register. 
(3) A rectification, however, consisting in the correction of an 
error incurred in transcribing an act in the register may be made by 
the Comptroller on his own authority. 
141A. (I) Notwithstanding the provisions of section 138 of this 
Ordinance, the proprietor of a patent, or the proprietor of a design or 
model of manufacture or the proprietor of a trade mark, may make 
an application in writing to the Comptroller requesting the 
cancellation of the respective entry in the relative register, of the 
patent, d<:sign or model of manufacture or trade mark of which he is 
the proprietor. 
(2) Upon receipt of an application as is referred to in subsection 
(I) of this section the Comptroller shall publish in the Gazette a 
notice calling upon any interested party to make a declaration to be 
filed with the Comptroller within fifteen days from the pUblication 
of the said notice, wherein he states his opposition to the 
cancellation. 
(3) If on the lapse of the fifteen days referred to in subsection 
(2) of this section the Comptroller shall not have received a IPIN/lIMLTlUl 
Page 28 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
declaration objecting to the cancellation he shall make the 
cancellation in the appropriate register. 
(4) If a declaration as is referred to in subsection (2) of this 
section shall have been received by the Comptroller within the 
fifteen days referred to in the said subsection, the Comptroller shall 
refuse the application and the cancellation may only be made by an 
action brought against the Comptroller in accordance with sections 
138 to 141 of this Ordinance. In any such action the person making 
the declaration shall also be a defendant. 
142. (I) A copy of the description and drawings produced in 
connection with an application for a patent, or of the designs or 
models produced in connection with an application for copyright in 
a new design or modd or manufacture, shall be deposited in the 
Comptroller's office, but such copy shall not be open to inspection 
except three months after the grant of the patent or copyright, 
saving the provisions of section 76. 
(2) The models and another copy of the description of the 
drawings shall be kept in the National Library of Malta or in a 
place appointed for the purpose by the Government, wherein they 
shall be open to public inspection after the expiration of the said 
time. 
143. (I) One of the two representations of the tradc mark O!' 
other mark which are to be prcsented to the Comptroller under 
section 83 shall be kept by him and shall be open to public 
inspection and the other shall be sent by the Comptroller to the 
Chamber of Commerce. 
(2) Such other representation shall be kept by the Chamber of 
Commerce and shall be available for public inspection. 
144. The Civil Court, First Hall, shall be the only competent 
court to deal with proceedings other than proceedings of a criminal 
character arising under this Ordinance. 
PART VI 
SPECIAL AND TRANSITORY PROVISIONS 
145. The Minister responsible for trade III ay , from time to time, 
make regulations relating to such matters as may be necessary in 
order to carry out the provisions of this Ordinance. Such 
regulations shall be published by notice in the Government Gazette. 
146. (1) The fees payable to the Government under this 
Ordinance shall be taxed and levied in accordance with the 
Schedules annexed hereto. Copies to be 
deposit~d in th~ 
Comptroller's 
of1ice. 
AlIlendedby: 
XXfI.1976.4. 
Copy of llHU'ks to 
b~ s~nt to 
Chamber of 
Comlll~rce. 
Actions other than 
criminal actions to 
b~ tried by Civil 
COlllt, First Hall. 
Added by: 
If.192S.3. 
Amended by: 
L.N. 148 of 1975; 
,t'YIV.1995.362. 
Power of Minister 
r~sponsibl~ for 
trade to make 
regulations. 
Amended by: 
L.N. 2 of 1963; 
XI. 1977.2. 
F~~s. 
Amended by: 
XI. 1986.3. IP/N/1/MLT/I/l 
Page 29 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
CO"ts of 
proceedings. 
Cap. 12. 
Provisions not 
applicable to 
patent~ granted 
before 
commencement 
ofOrdiIHUlce. 
Provisions 
applicable to 
fonner patents. (2) The Minister responsible for trade may by regulations 
amend, add to, revoke or substitute all or any of the Schedules 
annexed to this Ordinance. 
147. In any proceedings under this Ordinance the costs shall be 
taxed and levied according to the tariffs in Schedule A annexed to 
the Code of Organization and Civil Procedure. 
148. The provisions of this Ordinance concerning the 
formalities relating to the grant of industrial patents shall not apply 
to patents (formerly called exclusive rights) granted before the 
commencement of this Ordinance. 
149. In all other mutters (including the amount of fees payable 
and the time for payment), the provisions of this Ordinance shall 
apply to patents granted before the commencement of this 
Ordinance as if slIch provisions had been in force at the time of the 
grant. IP /N/1/MLT /111 
Page 30 
INDUSTRIAL PROPERTY (PROTECTION) 
FORMA 
FORM OF PROVISIONAL SPECIFICATION 
(a) [CAP. 29. 
I, (b) 
, do 
for" , of 
hereby declare the nature 
", to be as follows:-, in the 
of my invention 
(c) 
(d) 
Dated this day or 
(a) Here insert title as in cicclaration. 
(b) Here insert name, address, and calling of inventor, as in ckdaration. 
(c) Here insert short description of invcntion. 
(d) Signature of inventor. 
FORM B 
fORM OF CO~ll'LETE SPECIFICATION 
(0) 19 
I, (b) do hereby declare the nature of my 
invention for and in what manner the same is to 
be performed, to be particularly described and ascertained in and 
by the following statement:- (c) 
Having now particularly described and ascertained the nature of 
my said invention and in what manner the same is to be performed, 
I declare that what I claim is (d) 
l. 
2. 
3. etc. 
Cc) 
Dated this day of 19 
(a) Here insert titk as in declaration. 
(b) Here insert name, address, and calling of inwntor, as in declaration. 
(c) Here insert full description of invention. 
(d) Here state distinctly the features of novelty claimed. 
(e) Signature of inventor. IP/NIlIMLT/II 1 
Page 31 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
FORM C 
FORM Or ApPLICATION FOR REGISTRATION Or DESIGN 
day of 19 
You are hereby requested to register the accompanying Design, in 
Class in the name of (a) of who 
claims to be the proprietor thereof, and to return the same to 
Statement of nature of Design 
NegislJ'olioll Fees enclosed rill c 1/1 
To the Comptroller of Industrial Property. 
(Signed) 
(a) H~r~ illsal kgibly th~ Ilalll~ alld address of the illdividual or firm. 
FORM D 
Foruvl OF ApPLICATION FOR REGISTRATION OF TRADE MARK 
(One representation to be fi:-;ed within this square, and two 
others on separate sheets of foolscap of same size). 
(Representations of n larger size may be folded, but must be 
mounted upon linen and affixed hereto). 
You are hereby requested to register the accompanyll1g trade 
mark, [ ], in the name of (a) , who claims to be 
the proprietor thereof. 
Registratioll Fees enclosed LIIl C 11/ 
To the Comptroller of Industrial Property. 
(Signed) 
(a) I-I~re insert kgibly the name, address, and business of the individual or firm. IP /NI 1/MLT IIII 
Page 32 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
FORM E 
By THE MINISTER RESPONSII3LE FOR TRADE 
WHEREAS 
has by his solemn declaration expressed to me that he is in 
possession of an inyention for and that the same is not 
in use by any other person to the best of knowledge 
and belief: 
WHEREAS the said inventor has applied to me for the grant to 
of a patent for the sole use and advantage of his said invention: 
AND WHEREAS the said inventor has by and in his complete 
specification particularly uescribeu the nature of his invention: 
I, NOW, by virtue of the power \'esteu in me by the Industrial 
Property (Protection) Ordinance, and on the conditions therein set 
forth, do by these presents givc and grant unto the said patentee the 
exclusive right to use the said il1\'ention and derive all profits 
therefrom, in Malta, up to and until the lapse offourteen years from 
PROVIDED THAT this Warrant is held on the condition, that if, 
any time during the said term, it will be made to appear to me that 
this our grant is contrary to law, or if the said patent be annulled by 
a competent court, or if the patentee shall forfeit his right to his 
patent, this Warrant shall forthwi th be determined anu be void to all 
intents and purposes. 
Given at the Ministry 
this day of 
in the Year of OUR 
LORD One Thousand Nine Hundred 
and 
Minister responsible for trade. 
*Here insert date of filing of application for grant ofpatcnt. Amended by: 
XL,1940.3 (3); 
L.N. 2 of 1963. IP/N/1/MLT/I11 
Page 33 
CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
Added by: 
1/1.1934.4. 
Amended by: 
XL. 1940.3(3); 
L.N. 20[1963. FORM F 
IN THE MATTER OF AN APPLICATION BY 
FOR THE RESTORATION OF WARRANT NO. 
WHEREAS a Warrant bearing date the day of 
19 and numbered 
was granted to (hereinafter referred to as "the 
patentee") for an invention entitled 
AND WHEREAS the said Warrant became void on the 
day of , 19 , owing to the 
omission of the payment of the prescribed renewal fee in respect of 
the year: 
AND WHEREAS the said on the 
day of ,19 , made 
application for the restoration of the said Warrant: 
AND WHEREAS it appears from the said application that the 
omission to pay the prescribeu renewal fee was unintentional, and 
that 110 undue uclay has occurred in making the said application: 
AND WHEREAS the preseribeu renewal fee 111 
respect of the now been paid: 
I hereby restore the said Warrant and order that it shall be 
considered, deemed and taken to be, and to have been as good, 
valid, and effectual to all intents and purposes as if no omission had 
been made in the payment of the said renewal fee in respect of the 
year: 
PROVIDED THAT no action or other proceeding shall be com­
menced or prosecuted nor any damage recovered: 
(i) in respect of any infringement of the said Warrant which shall 
have taken place after the day of 
, 19 (being the day on which 
the Warrant was announced as void in the Government Gazette) and 
before the date of this Order; 
(ii) in respect of the use or employment at any time hereafter of 
any mechanism, machine, machinery, process, or operation actually 
made or carried on within Malta or of the use, purchase or sale of 
any article manufactured or made in infringement of the said 
Warrantafterthesaid dayof 
, 19 and before 
the date of this Order. Provided that such use, purchase, sale or 
employment is by the person or corporation by or for whom such 
machine or machinery or article was bona fide manufactured or 
made, or sllch mechanism, machine, machinery, process or 
operation was bona fide made or carried on, his or their executors, 
administrators, successors, or venuees, or his or their assigns 
respectively; 
(iii) in respect of the use, employment or sale at any time hereafter 
by any person or corporation entitled for the time being under the 
preceding paragraph to use or employ any machine, machinery, IP /N/1/MLT /111 
Page 34 
INDUSTRIAL PROPERTY (PROTECTION) [CAP. 29. 
mechanism, process or operation of any improved or additional 
machine, machinery, mechanism, process, or operation or of the use 
or sale of any article manufactured or made by any of the means 
aforesaid in infringement of the said Warrant; provided that the use 
or employment of any such improved or additional machine, 
machinery, mechanism, process or operation shall be limited to the 
buildings, works or premises now e:-.:isting or hereafter erected of 
the person or corporation by or for whom such machine, machinery, 
mechanism, process or operation was made or carried on within the 
meaning of the preceding paragraph, his or their e:-.:ecutors, 
administrators, successors or assigns. 
PROVIDED ALSO that if any person shall within one year after 
the date of this Order muke an application to the court for 
compensation in respect of moncy, time or labour e:-.:pendcd by the 
applicant upon the subject-matter of the said Warrant in the hOlla 
fide belief that sllch Warrant had become and cLlntinued to be void, 
it shall be lawful for the COllrl ufler hearing the purties concerned or 
their agents to assess the amount of such compensation, if in the 
opinion of the court the application ought to be granted, and to 
specify the party by whom and the day on which sueh 
compensation shall be paid, and if default shall be made in payment 
of the sum awarded then thc Wnrrant shall bceome void, but the 
sum awarded shall not in such ease be recoverable as a debt or 
damages. 
Given at the Ministry, 
this day of 
in the Year of OUR 
LORD One Thousand 
Nine Hundred and 
Minister responsible for trade. CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
SCHEDULES OF FEES 
[SECTIONS 12,57,72,83,101,136, 146J 
Amended by: SCHEDULE A 
JIJ.1934.3. IP /N/lIMLT /1/1 
Page 35 
Substituted by: Fees on Instrulllents for Obtaining Patents lllld Renewals XX. 1948. 9; 
VII.1970.2. 
Amended by: Lm c m Lm c m 
XIIU 983. 4. 
Substituted by: I. On application for provisional protection... 25.00,0 L.N. 29 of 1 986; 
L.N. 34 of 1988. 
Amended by: 2. On filing complete specification ................ 25.00,0 
L.N. 108 of 1997. 
or 
3. On filing specification with first application 
4. On notice or opposition to grant of patent -
by opponent .............................................. .. 
5. On application to amend specification ......... 
6. On notice or opposition to amendment -by 
opponent ............... , .............................. " .. .. 
7. On application to amend specification 
during action or proceeding -by patentee .... 
8. On opposition to grant of compulsory 
licence -by patentee ................................. .. 
9. On application by proprietor requesting the 
cancellation of the entry of registration of a 
patent of which he is the proprietor ............ . 
10.For cancellation from register of a patent 
after request by its proprietor .................... .. 
11. For opposition to application by proprietor 
to cancel registration of a patent ................ . 
Annual Fees 
12.Before the e:-;piratioIl of the 4th year from 
the date of the patent and in respect of the 
5th year .................................................... .. 
13.Before the expiration of the 5th year from 
the date of the patent and in respect of the 
6th year .................................................... .. 50.00,0 
50.00,0 
10.00,0 
10.00,0 
5.00,0 
10.00,0 
6.00,0 
6.00,0 
26.00,0 
26.00,0 
Lmcm 
25.00,0 
30.00,0 IP/NIlIMLT/II 1 
Page 36 
INDUSTRIAL PROPERTY (PROTECTION) 
I4.Before the expiration of the 6th year from 
the date of the patent and in respect of the 
7th year .................................................... .. 
I5.Before the expiration of the 7th year from 
the date of the patent and in respect of the 
8th year .................................................... .. 
16.Before the expiration of the 8th year from 
the date of the patent and in respect of the 
9th year ..................................................... . 
17.Before the expiration of the 9th year from 
the date of the patent and in respect of the 
10thyear .................................................. .. 
18. Before the expiration of the 10th year from 
the date of the patent and in respect of the 
11 th year ................................................ .. 
I 9. Before the expiration of the 11th year frol11 
the date of the patent and in respect of the 
12th year .................................................. .. 
20. Before the expiration of the 12th year from 
the date of the patent and in respect of the 
13th year .................................................. .. 
2 I. Before the expiration of the 13th year from 
the date of the patent and in respect of the 
14th year .................................................. .. [CAP. 29. 
Lmcm 
35.00,0 
40.00,0 
45.00,0 
50.00,0 
55.00,0 
60.00,0 
65.00,0 
70.00,0 
On Enlargcmcnt ofTimc for Paymcnt of Annual Fces 
22. Not exceeding one month .......................... . 
23. Not exceeding two months ........................ .. 
24. Not exceeding three months ...................... .. 
25. For every assignment, agreement, licence, 
or extension of patent ................................ . 
26. For duplicate certificate of Warrant (each) .. 
27. On notice to Comptroller of intended 
exhibition of a patent under section 47 ......... 
28. Search or inspection fee (each) .................. . Lm c m 
5.00,0 
7.00,0 
10.00,0 
4.00,0 
6.00,0 
4.00,0 
4.00,0 Amended by: CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
29. For any certificate issued by Comptroller ..... 
30. For altering address in register .................... . 
31. For enlargement of time 1'01' filing complete 
specification, not exceeding one month ........ 
32. On application for restoration of a patent .... 
33. Change of name ........................................ .. 
34. For copies of specifications including 
drawings -per page .................................. .. 
35. On request to Comptroller to correct clerical 
error on application (before registration) ..... 
SCHEDULE B IP /NI 1/MLT 1111 
Page 37 
Lmcm 
3.00,0 
3.00,0 
3.00,0 
50.00,0 
3.00,0 
0.30,0 
3.00,0 
XXXI. 1937.4. 
Substituted by: 
XX. 1948.9; 
VII. 1970.2. 
Amended by: Fees on Instruments 1'01' the Registration of Trade Marks 
XIII. 1983. 4. 
Substituted by: 
L.N. 29 of 1986; 
L.N. 34 of 1988. 
Amended by: 
L.N. 108 of 1997; 
L.N. 140 of 1998. I. On application to register a trade mark, for 
one or more articles included in one class, 
on account of which the registration of thc 
mark is sought .......................................... .. 
2. Deleted by: L.N. 1080/1997. 
3. For registering a series or trade marks, for 
every additional representation after the 
first, in each etass ...................................... . 
4. On notice of OppOSitIOn, for each 
application opposed, by opponent .............. . 
5. On application to register n subsequent 
proprietor in cases of assignment of the first 
mark .......................................................... . 
6. For every additional mark assigned or 
transmitted at the same time ...................... .. 
7. For continuance of right to exclusive use of 
mark at expiration of 14 years .................... . 
8. Additional fee where fee is paid within 
three months after expiration of 14 years ..... Lm cm 
50.00,0 
7.00,0 
15.00,0 
25.00,0 
5.00,0 
40.00,0 
15.00,0 IP /NI lIMLT 1111 
Page 38 
INDUSTRIAL PROPERTY (PROTECTION) 
9. Additional fee for restoration of trade mark 
where removed for non-payment of fee ....... 
\0. For altering address on the register for 
every mark ............................................... .. 
11. For every entry in the Tegister of a 
rectification of a trade mark or an alteration 
therein, not otherwise charged .................. .. 
12. On application by proprietor requesting the 
cancellation of the elltry of registration of a 
trade mark of which he is the propridor ...... 
13. For cancellation from register of a trade 
mark after request by its proprietor ............ . 
14. For opposition to application by proprietor 
to cancel registration of a trade mark .......... 
15. On request to Comptroller to correct n 
clerical error, or permit amendmcnt of 
application ............................................... .. 
16. For any certificate by Comptroller ............ .. 
17. For copy of notification of registration ....... . 
18. For search or for inspecting register by 
interested person, for every quarter of an 
hour .......................................................... . 
19. For extract from the register (including 
copy of label, if any) or for certificate of 
non-registration ........................................ .. 
SCHEDULE C 
Fees on Instrulllents for the Registration of Designs 
1. On application to register designs or models [CAP. 29. 
Lmcm 
30.00,0 
5.00,0 
5.00,0 
10.00,0 
30.00,0 
30.00,0 
5.00,0 
5.00,0 
2.00,0 
3.00,0 
5.00,0 
Lm cm Added by: 
VII. 1970.2. 
Amended by: 
XII!. 1983.4. 
Substituted by: 
L.N. 29 of 1986; 
L.N. 34 of 1988. 
Amended by: 
of manufacture, for every drawing.... .......... 20.00,0 L.N.108of1997. 
2. Deleted by: L.N. 108 of 1997. 
3. On application to register a subsequent 
proprietor .................................................. . 6.00,0 CAP. 29.] INDUSTRIAL PROPERTY (PROTECTION) 
4. For continuance of the right to exclusive use 
of a design or model of manufacture after 
the expiration of the first five years ........... .. 
5. For continuance of the right to exclusive use 
of a design or modd of manufacture after 
the expiration of the second five years ........ 
6. For altering address on the register for every 
design or model ......................................... . 
7. On request to Comptroller to correct a 
clerical error, or permit amendment or 
application ................................................ . 
8. For any certificate by Comptroller ............ .. 
9. For copy of notification of registration ....... . 
10. On application by proprietor requesting the 
cancellation of the entry of registration of a 
design or which he is the proprietor ........... . 
11. For cancellation from register of a design 
after request by its proprietor .................... .. 
12. For opposition to application by proprietor 
to cancel registration of a design IP /N/lIMLT 1111 
Page 39 
Lmcm 
15.00,0 
15.00,0 
3.00,0 
2.00,0 
2.00,0 
2.00,0 
5.00,0 
15.00,0 
12.00,0