The enforcement of trademark rights in Malta in the third millennium

Abstract

This study 's objective sets out to determine the rights and remedies available nowadays to the proprietor of a trademark which is enforceable in Malta. The nature of these rights involves issues both of Civil as well as Criminal Law. From a Civil Law perspective, the general law provides an appropriate remedy based on rules of regulation of competition between traders, with the operative provisions being Articles 32 and 37 of the Commercial Code (Chapter 13 of the Laws of Malta). This is complemented by rules of specific legislation consisting of the Trademarks Act 2000 (Chapter 416 of the Laws of Malta), the Intellectual Property (Cross-Border) Measures Act 2000 (Chapter 414 of the Laws of Malta) and, more recently, the Enforcement of Intellectual Property Rights (Regulation) Act 2006 (Chapter 488 of the Laws of Malta). Over and above all this, EC Council Regulation 40194 and 138312003 govern and regulate these issues with respect to Community Trade Marks. On the other side of the spectrum, criminal law sanctions are contained generally in Article 298 of the Criminal Code and specially in Articles 72-86 of the Trademarks Act 2000. This thesis delves in detail with respect to the above, which all combine so as to provide a broad range of protection to that trader who so requires it.