Copyright © 2006 Intellectual Property In Malta Intellectual Property In Malta Michelle Bonello...
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Copyright © 2006 Intellectual Intellectual Property Property In Malta In Malta Michelle Bonello Michelle Bonello Director Director Industrial Property Registrations Directorate Industrial Property Registrations Directorate 5th September 2007 5th September 2007
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Transcript of Copyright © 2006 Intellectual Property In Malta Intellectual Property In Malta Michelle Bonello...
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Intellectual Intellectual PropertyProperty
In Malta In Malta
Michelle BonelloMichelle BonelloDirectorDirectorIndustrial Property Registrations DirectorateIndustrial Property Registrations Directorate
5th September 20075th September 2007
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ORGANISATIONAL ORGANISATIONAL CHARTCHART
DIRECTOR GENERALCOMMERCE
SUPPORTSERVICES
MALTA CRAFTSCOUNCIL
INDUSTRIALPROPERTY
REGISTRATIONTRADE SERVICES
SMALL BUSINESSES & CRAFTS
SOLVIT CENTRE
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Foreign Participation: EU, WIPO, WTO, OHIM, EPO on all
aspects of intellectual property
Registration of Trademarks Designs Patents Supplementary Protection Certificates
for medicinals and pharmaceutical products
DUTIESDUTIES of the IPR of the IPR
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IP in SummaryIP in Summary
Law CoversRegistrati
onDuration
PatentTechnical Process
Yes 20 years
Design Look Yes/No 5 x 5 years
TrademarkBrand name of
product or service
Yes/No10 years x
forever
Copyright
Artistic and literacy
works/Software
Nolife + 70 years
thereafter
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®What is a Trademark?What is a Trademark?
Trademark:
A distinctive sign which identifies the goods and services of one company from those of another.
A trademark helps consumers to identify and choose between products/services based on the reputation and quality of these products/services
Coca-Cola registered since 1887
Nike registered since 1971
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Conditions for a Good Conditions for a Good TrademarkTrademark
Distinctive (unique)
Not descriptive
Not similar or identical
Well-known marks
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6®Why register?Why register?
To have exclusive right Forbid others from copying Certificate of ownership Indefinite protection
™
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Copyright ProtectionCopyright Protection
Protects most literary and artistic works, ranging from:
newspaper articles to novels
drawings to paintings to architectural works
music to dance photographs to movies applied art to cartoons Software
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CopyrightCopyright
Prohibit or authorise:
Reproduction Public performance Recordings Broadcasting Translation or adaptation
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RequirementsRequirements & Protection & Protection TermsTerms
The works have to be: Original Expression of thought (NOT idea) Made available to the public
and
Duration: life + 70 years No registration Protection against a perfect copy
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What is an Industrial Design?What is an Industrial Design?
A design is the protection of the ornamental or aesthetic aspect of a product
The look of the product or part of the product but not the function or idea
Could also be the packaging, a homepage, the interior or setup of a shop e.g. McDonald’s layout
Sony Ericsson
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Conditions to register a Conditions to register a designdesign
Novelty
Completely new look on the market (worldwide) prior to filing
Could have been shown up to 12 months before filing (grace period)
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Why register?Why register?
To have exclusive right & forbid others from copying
Certificate of ownership which can be used in Court
Design registration gives a more tangible protection than copyright
A protected design may be licensed to others for a fee enabling you to enter markets that you are otherwise unable to serve.
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What is a Patent?What is a Patent?
Patent:
An invention which could be a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. Copyright © J. Carlton
Gallawa
Microwave - 1945
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PatentsPatents
What is a patent? An agreement between the
inventor and society
Alternative definition (legal):
A patent is an exclusive right to commercially work the invention in this country. Protection up to 20 years
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What can be patented?What can be patented?
A Product
The machinery for producing the product
The process
The use
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The patentable invention The patentable invention must be:must be:
Capable of industrial application
New / Novelty
Significantly different from that which is already known
Inventive step
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Why patent?Why patent?
provide insurance for one’s invention and investments in developing technology
prevent others from patenting the invention and securing one’s place in the market
attract investors for further development, and to hold on to current investors
sell the patent rights in the future, as a single commodity or business
marketing value
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Contact DetailsContact Details
Opening Hours: Winter: 9.00-12.00 13.30-15.30 Summer: 8.00 – 12.00
Commerce DivisionLascaris, Valletta
Tel: 2122 6688 Fax: 2569 0338
Email: [email protected]
Website: http://commerce.gov.mt/
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Thank youThank you
