Intellectual Property in Malta
We register and defend intellectual property in Malta and across the European Union: trade marks with the Industrial Property Registrations Directorate and with EUIPO, registered designs, patents, and the copyright that protects software and written work. We also do the quieter half of the job — proving that what your company licenses to its clients actually belongs to it.
What is included
Clearance searches, national and EU trade mark filing, registered designs, patent coordination, copyright and software ownership reviews, assignments and licences, IP due diligence, and enforcement against infringement.
Who it is for
Software and technology companies, founders whose code was written before anyone signed anything, brand owners entering the EU market, and buyers or investors who need the chain of title checked before they commit.
The problem most companies do not know they have
Under the Copyright Act, work created by an employee in the course of employment generally vests in the employer. Work created by a founder, a director or a contractor does not transfer automatically — it needs a written assignment. Companies routinely license software to clients that, on paper, they do not fully own. It surfaces at the worst possible moment: a dispute, a due diligence, a sale.
Documents you will typically need
- Any existing registrations or applications
- Employment or contractor agreements of everyone who worked on it
- Any written assignment or licence already signed
- Evidence of first use or creation (dated files, repository history)
- The mark, logo, drawings or specification you want to protect
Frequently asked questions
- How much does it cost to register a trade mark in Malta?
- The official fee charged by the Industrial Property Registrations Directorate is €115 per mark per class, covering ten years from the date of application. Professional fees for the clearance search, filing and prosecution are quoted separately and start from around €650 plus VAT.
- How long does a Malta trade mark take?
- The Directorate indicates between three and five months from filing to registration, subject to examination and any opposition.
- Should I register in Malta or across the EU?
- A Maltese registration protects the mark in Malta. An EU trade mark, filed with EUIPO, covers all member states in a single application. Which is right depends on where you actually trade and where you expect to be challenged — we advise on both before filing either.
- Who owns software written by a contractor?
- Not automatically the company. Under Maltese copyright law an employee's work in the course of employment generally vests in the employer, but a contractor's does not without a written assignment. If no assignment was signed, ownership may still rest with the individual who wrote it.
- Which laws govern intellectual property in Malta?
- Principally the Copyright Act (Cap. 415), the Trademarks Act (Cap. 597) and the Patents and Designs Act (Cap. 417), alongside EU instruments including the EU trade mark and Community design regimes, and Malta's commitments under TRIPS and the European Patent Convention.