Intellectual Property in Malta

Intellectual property (IP) is most of the times a client’s most valuable asset and therefore the protection of a business' IP can be of critical importance.

The Industry

• IP is used as a means:

1. Of distinguishing a product or service from a competitor
2. To represent the business' guarantee of consistent quality
3. As a basis for publicity and advertising

• Malta has established itself as an attractive jurisdiction for entrepreneurs wishing to safeguard their IP rights
• With the settling of foreign companies on our shores, and with Government’s vision aimed at establishing Malta as a prime ICT and financial services hub, many companies have opted to protect their IP within this jurisdiction.

Key Features

• Malta’s primary IP legislation falls under the:

1. Trademarks Act
2. Patents and Design Act
3. Copyright Act
4. Intellectual Property Rights (cross border measure)

• The Industrial Property Registrations Directorate within the Commerce Department is responsible for the registration of trademarks, certification marks, collective marks and designs, patenting of inventions, as well as the recording of transfers, cancellations, amendments and renewals relating to the aforementioned IP rights.

Fiscal Benefits

• No withholding taxes are charged on outbound royalty payments
• It is possible to significantly reduce the effective tax leakage in Malta by companies receiving royalty income

Benefits of setting up in Malta

• Making use of Malta’s sound and attractive intellectual property legal framework
• Benefitting from Malta’s favourable tax regime
• Malta is part of the European Patent Convention, and as such a Maltese patent enjoys the same benefit and conditions as a European patent.

Want to know more? Contact us and we will be able to assist you!