Intellectual Property

Intellectual property rights can be defined as the rights given to persons over the creations of their minds. 

Protection of creativity and innovation, especially those which have a high commercial value, has become an increasingly difficult task in the light of a fast evolving globalised environment. Just like other kinds of property, intellectual property has be protected against unauthorised use and infringement by third parties.  The protection does not apply to the physical object in which the creation may be embodied but instead to the intellectual creation as such. 

Malta is a member of a substantial number of IP International Conentions, including the Berne Convention for the Protection of Literary and Artistic Works (1964), the Paris Convention for the Protection of IP (1967), the Universal Copyright Convention (1968), the WIPO Agreement (1977), the WTO TRIPS Agreement (1995), the Patent Cooperation Treaty (2007), the European Patent Convention (2007), the WIPO Copyright Treaty (2009) and the WIPO Performances and Phonograms Treaty (2009).

Furthermore Maltese legislation is fully in line with the TRIPS agreement and the EU Acquis. 

Advocates Primei advises its clients on all legal aspects of intellectual property development, acquisition, prosecution, protection and strategythrough our practically applied IP knowledge and expertise. We routinely seek to manage and mitigate risk and to maximise the return from intellectual property assets for the benefit of our clients. We assist clients with securing the rights in the intellectual property necessary both to operate their existing business and to enter new markets. Furthermore, we also help clients assess whether intellectual property ownership is the right model in each instance, and, when it is not, work with our clients to license the necessary rights.

We provide our esteemed Maltese and International clients with expert assistance including:

• advice on copyright protection and infringement;
• assistance with Patents, inventions and Industrial Property Rights 
• registration and searches of trademarks, service marks, commercial names and designations within the Maltese jurisdiction or with the OHIM (Office for Harmonization in the Internal Market).

IP Companies

Malta’s corporate tax system makes Maltese IP companies an ideal solutuion for clients who are seeking a viable corporate vehicle which be hold and manage their various IP rights. A Maltese company can be used for the holding of copyright, designs, domain names, patents, trademarks and other related assets.

Once the Maltese company has been given the ownership of the  intellectual property it may start collecting any licensing or royalty fees. Tax is paid on the profits at a rate of 35% however the shareholders’ may claim a refund of between 5/7ths and 6/7ths of the Malta tax paid. 

View our fact-sheet entitled ‘Taxation of Maltese companies‘ for further information.

Furthermore it is important to note that in view of the fact that Malta has implemented the EU’s Interest and Royalties Directive (2003/49/EC) ? whic means that any interest or  royalties paid to Maltese company by an EU associated company are not subject to withholding tax.