Provides advice on IPR protection, including information on the registration of patents and trademarks.
Last Published: 2/13/2019

Malta has fully incorporated the EU and WTO rules regarding intellectual property into its national law.
The Industrial Property Registrations Directorate (IPRD) within the Commerce Department is the office  responsible for the registration of trademarks, certification marks, collective marks and designs; patenting of inventions; issuing of supplementary protection certificates in respect of pharmaceutical products and plant protection products; and the recording of transfers, cancellations, amendments and renewals relating to the aforementioned IP rights in Malta.  More information on intellectual property protections in Malta.

Granting patents registrations are generally based on a first-to-file (or first-to-invent, depending on the country) basis.  Similarly, registering trademarks is based on a first-to-file (or first-to-use, depending on the country) basis, so you should consider how to obtain patent and trademark protection before introducing your products or services to the Maltese market.  It is vital that companies understand that IP is primarily a private right and that the U.S. government cannot enforce rights for private individuals in Malta.  It is the responsibility of the rights holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors.  Companies may wish to seek advice from local attorneys or IP consultants who are experts in Maltese law.  A list of local lawyers is available online.

In any foreign market, companies should consider several general principles for effective management of their intellectual property.  For background on these principles, please link to our articles on Protecting Intellectual Property and Corruption.

IP Attaché Contact:
Name: Susan F. Wilson
Address: U.S. Mission to the European Union
Unit 7600
Box 6100
United States
DPO AE 09710-6100
Telephone: +32 2-811-5308
E-mail: susan.wilson@trade.gov

Malta has fully incorporated the EU and WTO rules regarding intellectual property into its national law. The Industrial Property Registrations Directorate (IPRD) within the Commerce Department is the office  responsible for the registration of trademarks, certification marks, collective marks and designs; patenting of inventions; issuing of supplementary protection certificates in respect of pharmaceutical products and plant protection products; and the recording of transfers, cancellations, amendments and renewals relating to the aforementioned IP rights in Malta.  More information on intellectual property protections in Malta is available at commerce.gov.mt/en/Industrial_Property.
Patent and trademark in Malta are granted on a first-to-file basis.  As such, you should consider how to obtain patent and trademark protection before introducing your products or services to the Maltese market. 

The U.S. government cannot enforce a U.S. person’s or entity’s claim to intellectual property rights in Malta.  Rather, the rights holder should register, protect, and enforce their rights, retaining their own counsel and advisors.  A list of local lawyers is available at:
https://mt.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/attorneys/
 
Companies should consider several general principles for effective management of their intellectual property in any foreign market.  For background on these principles, please refer to the following webresources on Protecting Intellectual Property and Stopfakes.gov.

IP Attaché Contact
Name: Susan F. Wilson
Address: U.S. Mission to the European Union
Unit 7600
Box 6100
United States
DPO AE 09710-6100
Telephone: +32 2-811-5308
E-mail: susan.wilson@trade.gov

 

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.