(2)If it appears to the Comptroller that the requirements for registration are not met, he shall inform the applicant and give him an opportunity to make representations or to amend the application within such period as the Comptroller may specify.
\n
(3)If the applicant fails to satisfy the Comptroller that those requirements are met, or to amend the application so as to meet them, or fails to respond before the end of the specified period, the Comptroller shall refuse the application.
\n
(4)If it appears to the Comptroller that the requirements for registration are met, he shall accept the application as eligible for registration.
\n
Withdrawal, or amendment, of application.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 94
\n
94.(1) The applicant may at any time withdraw his application.
\n
(2)An application may be amended, at the request of the applicant, only by correcting (a) the name or address of the applicant, (b) errors of wording or of copying, or (c) obvious mistakes, and then only where the correction does not substantially affect the identity of the design.
\n
Registration.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 95
\n
95.(1) Where an application has been accepted as eligible for registration, the Comptroller shall register the design, unless it appears to him having regard to matters coming to his notice after he accepts the application that it was accepted in error.
\n
(2)A design shall not be registered and the application shall be deemed to be withdrawn unless any fee prescribed is paid within thirty working days from the date of filing.
\n
(3)A design when registered shall be registered as of the date of filing of the application for registration, and that date shall be deemed for the purposes of this Act to be the date of registration.
\n
(4)On the registration of a design the Comptroller shall issue to the applicant a certificate of registration, and he shall publish in the Gazette the fact that the design has been registered and is available to be viewed by the public at the Office.
\n
PATENTS AND DESIGNS
\n
Art. 96
\n
96.(1) A registered design shall not be altered in the register, during the period of registration or on renewal.
\n
(2)Notwithstanding the provisions of subarticle (1), the Comptroller may, at the request of the proprietor, allow the alteration of a registered design where the design includes the proprietor’s name or address and the alteration is limited to the alteration of that name or address and does not substantially affect the identity of the design.
\n
Alteration of registered design.
\n
Added by:
\n
IX. 2003.116.
\n
(3)Provision shall be made by regulations prescribing the manner of publication of any such alteration and the making of objections by any person claiming to be affected thereby.
\n
Art. 97
\n
97.(1) A registered design may be surrendered by the proprietor by sending notice to the Comptroller including the name and address of any person having a contractual interest in the design, or any other interest under the Act. The proprietor shall also certify that any such person:
\n
Surrender of a registered design.
\n
Added by:
\n
IX. 2003.116. (a) has been sent not less than ninety days’ notice of the proprietor’s intention to surrender the design, or (b) is not affected, or if affected consents thereto.
\n
Art. 98
\n
98.(1) The registration of design may be declared invalid on the following grounds: (a) if the provisions of article 74 have not been complied with; (b) if it does not fulfil the requirements of articles 65 to 70; (c) if the design is the same or similar to a prior design which has been made available to the public after the date of filing of the application or, if priority is claimed, after the date of priority, and which prior design is protected from a date prior to the said date by a registered design or an application for a registered design in a territory covered by an international agreement to which Malta is a party; (d) if a distinctive sign is used in a subsequent design and the rightholder of the sign has the right to prohibit such use; (e) if the design constitutes an unauthorised use of work protected under copyright; (f) if the design involved the use of: (i) the armorial bearings, flags or other emblems, and (ii) the abbreviations and names, of international intergovernmental organisations of which one or more Paris Convention countries are members.
\n
(2)The grounds provided under article 74(f) may be invoked only by the person entitled to the right under Maltese law.
\n
(3)The grounds in subarticles (1)(c), (1)(d) and (1)(e) may be Grounds for invalidity of registration.
\n
Added by:
\n
IX. 2003.116.
\n
PATENTS AND DESIGNS invoked solely by the applicant for or the holder of the conflicting right.
\n
(4)The grounds in subarticle (1)(f) may be invoked solely by the entity associated therewith.
\n
(5)When a design has been refused registration pursuant to article 74, or a design right has been declared invalid pursuant to subarticle (1), the design may be registered or the design right maintained in an amended form, if in that form it complies with the requirements for protection and the identity of the design is retained. Registration or maintenance in an amended form may include registration accompanied by a partial disclaimer by the holder of the right in the registered design or entry in the design register of a court decision declaring the partial invalidity of the design right.
\n
Acts of agent or representative.
\n
Added by:
\n
IX. 2003.116.
\n
Amended by:
\n
L.N. 181 of 2006;
\n
L.N. 186 of 2006.
\n
Art. 99
\n
99.(1) The following provisions apply where an application for registration of a design is made by a person who is an agent or representative of a person who is the proprietor of the design in a Convention country.
\n
(2)The proprietor may by sworn application before the First Hall of the Civil Court: (a) demand a declaration of invalidity of the registration, or (b) demand the rectification of the register in order to substitute his name as the proprietor of the register design.
\n
(3)The proprietor may restrain any use of the design in Malta which is not authorised by him.
\n
(4)Subarticles (2) and (3) shall not apply if, or to the extent that, the agent or representative shows that his actions were authorised by the proprietor.
\n
(5)An application under subarticle (2) must be made within three years of the proprietor becoming aware of the registration; and no order may be made under subarticle (3) in respect of a use in which the proprietor has not taken action for a continuous period of three years or more.
\n
Effect of acquiescence.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 100
\n
100.(1) An action for invalidity may not be initiated when the person bringing the action being aware of the use of a registered design in Malta has acquiesced for a continuous period of five years to such use.
\n
(2)In the case referred to in subarticle (1), where the action is brought on the basis of an earlier registered design or an earlier acquired right the proprietor of the registered design is not entitled to oppose the use of the earlier design or, as the case may be, the exploitation of the earlier right, notwithstanding that the earlier design or right may no longer be invoked against his registered design.
\n
PART XXI
\n
ADMINISTRATIVE AND SUPPLEMENTARY PROVISIONS PATENTS AND DESIGNS
\n
Art. 101
\n
101.(1)(a)The Comptroller shall maintain a register of designs. (b) Reference in Parts XVIII to XXIV this Act to \"the register\" are to that register; and references to registration, in particular, in the expression \"registered design\", are, unless the context otherwise requires, to registration in that register.
\n
(2)There shall be entered in the register in accordance with this Act: (a) registered designs; (b) the relevant particulars of registrable transactions affecting a registered design, including: (i) the date of registration as determined in accordance with articles 89 and 95, (ii) the priority date (if any) to be accorded pursuant to a claim to a right to priority made under article 91 or 92, (iii) the name and address of the proprietor, and (c) in the case of an assignment of a registered design: (i) the name and address of the assignee, and (ii) the date of the assignment; (d) in the case of the grant of a licence under a registered design: (i) the name and address of the licensee, (ii) where the licence is limited, a description of the limitation, (iii) where the licence is an exclusive licence, that fact, (iv) the duration of the licence if the same is or is ascertainable as a definite period, and (v) the date on which the entry is made; (e) in the case of a court or other competent authority transferring a registered design: (i) the name and address of the transferee, (ii) the date of the order, and (iii) the date on which the entry is made; (f) in the case of a transfer of a registered design by testamentary disposition, or otherwise by inheritance: (i) the name and address of the person in whose favour the testamentary disposition is made, or the inheritance devolves if any, and (ii) the date of the testamentary disposition if any, and of the death of the previous holder; (g) in the case of merger, the requirements specified for the registration of an assignment; and (h) such other matters relating to registered designs as the Comptroller may deem necessary.
\n
Maintenance and content of register.
\n
Added by:
\n
IX. 2003.116.
\n
Public inspection of register.
\n
Added by:
\n
IX. 2003.116.
\n
PATENTS AND DESIGNS
\n
Art. 102
\n
102.(1) Without prejudice to the provision of article 105, the register shall be open for public inspection at the Office during such hours as may be determined by the Office.
\n
(2)A search in the register may be conducted in respect of a design or designs in one of the following manners: (a) an interested person may on payment of the prescribed fee call at the Office and conduct a search for a design or designs. If the person or persons conducting the search request copies of any related record, extracts from the register or copies of the design, whether certified or uncertified, these shall be provided on payment of the prescribed fee; (b) an interested person may on payment of the prescribed fee submit a request in writing to the Office for a search to be conducted in respect of a design or designs. If the person or persons requesting the search require copies of any related record, extracts from the register or copies of the design, whether certified or uncertified, these shall be provided on payment of the prescribed fee.
\n
Rectification or correction of the register.
\n
Added by:
\n
IX. 2003.116.
\n
Amended by:
\n
L.N. 181 of 2006;
\n
L.N. 186 of 2006.
\n
Art. 103
\n
103.(1) Any person having a sufficient interest may apply for the rectification of an error or omission in the register:
\n
Provided that an application for rectification may not be made in respect of a matter affecting the validity of the registration of a design.
\n
(2)Provided that an application for rectification may not be made either to the Comptroller or by sworn application against the Comptroller and any person interested before the Civil Court, First Hall:
\n
Provided that if proceedings concerning the registration in question are pending before a Court: (a) the application must be made by application before Court in the acts of the proceedings; and (b) if the application is made to the Comptroller, he may at any stage of the proceedings direct the applicant to refer the matter to the Court in accordance with subarticle (2).
\n
(3)Except where the Comptroller or the Court directs otherwise, the effect rectification of the register is that the error or omission in question shall be deemed never to have been made.
\n
(4)The Comptroller may, on request by the proprietor of a registered design, or a licensee, enter any change in his name or address as recorded in the register.
\n
(5)The Comptroller may remove from the register any matter appearing to him to have ceased to have effect.
\n
Power to require the use of forms.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 104
\n
104.The Comptroller may require the use of such forms as he may direct for any purpose relating to the registration of a design or any other proceeding before him under this Act.
\n
PATENTS AND DESIGNS
\n
Art. 105
\n
105.(1) After publication of the registration of a design, the Comptroller shall on request provide a person with such information and permit him to inspect all documents filed or kept at the Office relating to the registered design, as maybe specified in the request.
\n
Information about applications and registered designs.
\n
Added by:
\n
IX. 2003.116.
\n
Any such request must be accompanied by such fee as may be prescribed.
\n
(2)Before publication of registration of a design, documents or information constituting or relating to the application shall not be published by the Comptroller or made available to the pubic except with the consent of the applicant.
\n
(3)The Comptroller shall not be obliged to permit the inspection of any such document as is mentioned in subarticle (1) above until he has completed any procedure or the stage in the procedure which is relevant to the document in question, which he is required or permitted to carry out under the Act.
\n
(4)to:
\n
The right of inspection under subarticle (1) does not apply (a) any document until fourteen days after it has been filed at the Office; (b) any document prepared in the Office solely for use therein; (c) any document sent to the Office, whether at its request or otherwise, for inspection and subsequent return to the sender; (d) any request for information under this article; (e) any document issued or received by the Office which Comptroller considers should be treated as confidential; (f) any document or part of a document which in the opinion of the Comptroller disparages any person in a way likely to damage him; or (g) any document filed with or sent to the Office before the enactment of the Act.
\n
Art. 106
\n
106.(1) Registration by the Comptroller shall not be deemed to be a warranty by him of the validity of the registration of a design under this Act or under any treaty, convention, arrangement or engagement to which Malta is a party.
\n
(2)The Comptroller shall not be liable by reason of, or in connection with, any examination required or authorised by this Act, or any such treaty, convention, arrangement or engagement, or any report or other proceedings consequent to such examination.
\n
(3)No action shall lie against an officer of the Comptroller in respect of any matter for which, by virtue of this article, the Comptroller is not liable.
\n
Exclusion or liability in respect of official acts.
\n
Added by:
\n
IX. 2003.116.
\n
PATENTS AND DESIGNS Registration to be prima facie evidence of validity.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 107
\n
107.In all legal proceedings relating to a registered design (including proceedings for rectification of the register) the registration of a person as proprietor of a design shall be prima facie evidence of the validity of the original registration and of any subsequent assignment or other transmission thereof.
\n
Certification of validity of contested registration.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 108
\n
108.If in proceedings before the Court the validity of the registration of a design is contested and it is found by the Court that the design is validly registered, the Court shall give judgement accordingly.
\n
Comptroller’s appearance in proceedings involving the register.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 109
\n
109.(1) In proceedings before the Court involving a demand for (a) the revocation of the registration of a design, (b) a declaration of the invalidity of the registration of a design, or (c) the rectification of the register, the Comptroller shall be notified with the proceedings and shall be entitled to intervene in statu et terminis.
\n
(2)Unless otherwise directed by the Court, the Comptroller may, instead of intervening, file in the record of the case a statement in writing signed by him, giving particulars of: (a) any proceedings before him in relation to the matter in issue, (b) the grounds of any decision given by him affecting it, (c) the practice of the Office in like cases, or (d) such matters relevant to the issues and within his knowledge as he thinks fit, and the statement shall be deemed to form part of the evidence in the proceedings.
\n
Appeals from the Comptroller’s decision.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 110
\n
110.(1) Any decision of the Comptroller under Parts XVIII to XXIV of this Act, may be appealed from, before the Court of Appeal composed in the manner provided in article 41(9) of the Code of Organization and Civil Procedure by application within fifteen days of service of the Comptroller’s decision.
\n
(2)For the purposes of subarticle (1) \"decision\" means any act, other than such acts as may by regulations be prescribed, done by the Comptroller in exercise of a discretion vested in him by or under this Act.
\n
(3)The Minister with the concurrence of the Minister responsible for Justice may make rules governing appeals to the Court of Appeal under Parts XVIII to XXIV of this Act, and presenting a scale of costs and fees in relation to such appeals.
\n
Business hours.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 111
\n
111.(1) The Comptroller may give directions specifying the hours of business of the Office for the purpose of the transaction by the public of business under this Act, and the days which are business days for that purpose.
\n
(2)Business done on any business day after the specified hours PATENTS AND DESIGNS of business, or on a day which is not a business day, shall be deemed to have been done on the next business day; and where the time for doing anything under this Act expires on a day which not a business day, that time shall be extended to the next business day.
\n
(3)Directions under this article may make different provision for different classes of business and shall be published in the prescribed manner.
\n
Art. 112
\n
112.(1) Where by Parts XVIII to XXIV of this Act any act has to be done by or to any person in connection with any proceeding or matter under the said parts of this Act, the act may under and in accordance with the regulations be done by or to an agent of that person duly authorised in writing:
\n
Recognition of agents.
\n
Added by:
\n
IX. 2003.116.
\n
Provided that the Comptroller may in any particular case require the personal signature or presence of the agent or the person authorising him to act as an agent.
\n
(2)If an applicant does not have his ordinary residence or principal place or business in Malta, he shall authorise an agent who has his ordinary residence or principal place of business in Malta to represent him in the manner as prescribed in subarticle
\n
(1):
\n
Provided that this subarticle shall not apply as from the 1st May 2004 with regard to an applicant who has his ordinary residence or principal place of business in a Member State.
\n
PART XXII
\n
INFRINGEMENT
\n
Art. 113
\n
113.(1) Any person who in contravention to article 75 exploits a registered design shall be liable in damages towards the proprietor of the design right or the licensee.
\n
Action for infringement.
\n
Added by:
\n
IX. 2003.116.
\n
(2)Infringement proceedings shall be brought before the Civil Court, First Hall, and may not be instituted after five years from the date when the injured party has obtained knowledge of the infringement and of the identity of the alleged infringer.
\n
(3)In an action for infringement all such remedies as are in respect of the infringement of any other property right shall be available to the plaintiff.
\n
Art. 114
\n
114.(1) The Court may, moreover, on the demand of the plaintiff, order that the machinery or other industrial means or contrivances used in contravention of the design, the infringing products, and the apparatus destined for their production, be forfeited, wholly or partially, and delivered up to the proprietor of the design or such other person as the Court may direct, without prejudice to any other remedy.
\n
(2)An action for an order under subarticle (1) may not be made after the end of the period of five years from the date on which the infringing products were made except as provided in the following subarticle.
\n
(3)While during the whole or part of that period the proprietor Order for delivery up of infringing machinery, products or material.
\n
Added by:
\n
IX. 2003.116.
\n
PATENTS AND DESIGNS of the registered design is prevented by fraud or concealment from discovering the facts entitling him to take action for an order, an application may be made at any time before the end of the period of five years from the date on which he could with reasonable diligence have discovered those facts.
\n
Order as to disposal of infringing machinery, products or material.
\n
Added by:
\n
IX. 2003.116.
\n
Amended by:
\n
L.N. 181 of 2006;
\n
L.N. 186 of 2006.
\n
Art. 115
\n
115.(1) Where infringing goods, material or products have been delivered up in pursuance of an order under article 114, an action by sworn application against any person having an interest in the products may be brought before the Court by any party interested: (a) for an order that they be destroyed or forfeited to such person as the Court may deem fit, or (b) for a decision that no such order should be made.
\n
(2)In considering its decision, the Court shall consider whether other remedies available in an action for infringement of the registered design would be adequate to compensate the proprietor and any licensee to protect their interests.
\n
(3)Any person having an interest shall be entitled: (a) to appear in proceedings for an order under this article, whether or not he was served with a notice, and (b) to appeal against any order made, whether or not he appeared at first instance, and any such order shall not take effect until the end of the period within which an appeal may be filed or, if before the end of that period an appeal is so filed, until the final determination or abandonment of the proceedings on the appeal.
\n
(4)Where there is more than one person interested in the products, the Court shall make such order as it thinks fit.
\n
(5)If the Court decides that no order should be made under this article, the person in whose possession, custody or control the products were before being delivered up shall be entitled to their return.
\n
Remedy for groundless threats of infringement proceedings.
\n
Added by:
\n
IX. 2003.116.
\n
Amended by:
\n
L.N. 181 of 2006;
\n
L.N. 186 of 2006.
\n
Art. 116
\n
116.(1) Where a person threatens another with proceedings for infringement of a registered design other than those provided for in this Act, any person aggrieved may bring proceedings for relief under this article by sworn application before the Civil Court, First Hall.
\n
(2)The relief which may be applied for is all or any of the following (a) a declaration that the threats are unjustified, (b) an injunction against the continuance of the threats, (c) damages in respect of any loss the plaintiff may have sustained by the threats, and the plaintiff shall be entitled to such relief unless the defendant shows that the acts in respect of which proceedings were threatened constitute, or if done would constitute, an infringement of the registered design concerned.
\n
PATENTS AND DESIGNS
\n
(3)Where the defendant shows that the acts in respect of which proceedings were threatened constitute or would constitute an infringement of the registered design, the plaintiff shall nevertheless be entitled to relief if he shows that the registration of the design is invalid or liable to be revoked.
\n
(4)The mere notification that a design is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purposes of this article.
\n
Art. 117
\n
117.(1) Any person who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor, in contravention of article 75 exploits a registered design shall be guilty of an offence against this article and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine (multa) of not more than twentythree thousand and two hundred and ninety-three euro and seventythree cents (23,293.73) or to both such fine and imprisonment.
\n
Unauthorised use of registered design.
\n
Added by:
\n
IX. 2003.116.
\n
Amended by:
\n
L.N. 426 of 2007.
\n
(2)It shall be a defence for a person charged with an offence against this article to show that he believed on reasonable grounds that the use of the design in the manner in which it was used, or was to be used, was not an infringement of the registered design.
\n
Art. 118
\n
118.(1) Any person who knowing or having reason to believe that it is false (a) makes, or causes to be made, a false entry in the register of designs; or Falsification of register.
\n
Added by:
\n
IX. 2003.116.
\n
Amended by:
\n
L.N. 426 of 2007. (b) makes, or causes to be made, anything falsely purporting to be a copy of an entry in the register, or (c) produces or tenders or causes to be produced or tendered in evidence any such thing, shall be guilty of an offence against this article.
\n
(2)A person guilty of an offence against this article shall be liable on conviction to imprisonment for a term not exceeding two years or a fine (multa) of not more than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) or to both such fine and imprisonment.
\n
Art. 119
\n
119.(1) Whoever puts into circulation, or sells any product, falsely representing that a design applied to, or incorporated in any product sold by him is registered, shall be guilty of an offence against this subarticle and, on conviction, be liable to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not more than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87).
\n
For the purposes of this article a person who sells a product having stamped, engraved or impressed thereon or otherwise applied thereto the word \"registered\", or any other word expressing or implying that the design applied to the products is registered, shall be deemed for the purposes of this article to represent that the design applied to the product is registered.
\n
(2)Any person, who after the right in a registered design is Falsely representing a design as registered.
\n
Added by:
\n
IX. 2003.116.
\n
Amended by:
\n
L.N. 426 of 2007.
\n
PATENTS AND DESIGNS expired, marks any product to which the design has been applied with the word \"registered\", or any word or words implying that there is subsisting right in the design under this Act, or causes any such product to be so marked, shall be guilty of an offence against this subarticle and shall on conviction, be liable to a fine (multa) not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not more than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87).
\n
Unauthorised use of certain devices, emblems, etc.
\n
Added by:
\n
IX. 2003.116.
\n
Amended by:
\n
L.N. 426 of 2007.
\n
Art. 120
\n
120.(1) A person shall not without the authority of the President use in connection with any business any device, emblem or title in such a manner as to be calculated to lead to the belief that he is employed by, or supplies goods or services to, the President.
\n
Delivery up of infringing machinery, goods, etc.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 121
\n
121.The Court may, moreover, in the cases referred to in article 117, on the demand of the prosecution, order that the machinery or other industrial means or contrivances used in contravention of the rights of the proprietors of the designs, the infringing products, and the apparatus destined for their production, be forfeited, wholly or in part, and delivered to the holder of the design, without prejudice to any other right to relief under this Act.
\n
Powers of Magistrates.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 122
\n
122.Pending any proceedings for any one of the offences referred to in this Part, any Magistrate, if he is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of, or in relation to which the offence has been committed, are in any house or premises of the accused, or are in his possession or under his control in any other place, may, by a warrant under his hand, direct any officer of the Police to be named in the warrant, to enter any house, premises or place, also to be named therein, and there to search for, seize and remove such goods or things.
\n
Where owner of goods is unknown.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 123
\n
123.If the owner of any goods or things, which, if he were convicted of any of the offences referred to in this Part, would be liable to forfeiture, is unknown or cannot be found, any Magistrate may in the like manner and in the circumstances required in article 122 issue the said warrant.
\n
Forfeiture of things seized.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 124
\n
124.The goods and things so seized shall be produced before the Court of Magistrates sitting as a court of criminal judicature, and such Court shall determine whether they are liable to forfeiture under this Act.
\n
Procedure where owner is unknown.
\n
Added by:
\n
IX. 2003.116.
\n
Art. 125
\n
125.(1) In the case referred to in article 123, the Court shall order the issue of banns which shall be published twice, with an interval of at least eight days, in the Gazette, and posted up at the entrance of the building wherein the Court sits, and in any other place which the court may deem fit, stating that the goods or things seized shall be forfeited, unless at the time and place named in the banns the owner of such goods or things or other persons interested
\n
(2)Any person who contravenes the provisions of subarticle
\n
(1)shall be guilty of an offence against this article and shall, on conviction, be liable to a fine (multa) of not more than six thousand and nine hundred and eighty-eight euro and twelve cents (6,988.12).
\n
PATENTS AND DESIGNS in such goods or things attends before the Court at the time and place indicated in the banns and shows cause to the contrary. The person from whose possession the goods or things were seized, shall also, where his whereabouts are known, be notified with the banns.
\n
(2)If the owner or any person on his behalf, or other person interested in the said goods or things, fails to attend at the time and place named in the banns to show cause to the contrary, it shall be lawful for the Court to direct that such goods or things or any of them be forfeited.
\n
Art. 126
\n
126.The Court may direct that the goods or things so forfeited be destroyed or disposed of, and may also direct that, out of the net proceeds which may be realized by the disposal of such goods or things and up to the amount thereof, any persons who, being in good faith, were injured by the forfeiture, be awarded compensation for any loss caused to them.
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Award of compensation to parties in good faith.
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Added by:
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IX. 2003.116.
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Art. 127
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127.Criminal actions under this Act shall be barred by the lapse of three years from the day on which the act constituting the offence was committed, if the person to whose prejudice the act was committed, had no previous knowledge thereof; in all other cases such action shall be barred by the lapse of one year from the day on which such person became aware of that act.
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Limitations of criminal actions.
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Added by:
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IX. 2003.116.
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Art. 128
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128.The provisions of this Part shall apply without prejudice to the right of any person to claim damages in consequence of any act constituting an offence.
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Rights to damages not affected.
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Added by:
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IX. 2003.116.
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Art. 129
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129.No proceedings shall be instituted against any person in the service of another person, if, he shows that in good faith, he acted in obedience to the instructions of his employer, and, on being questioned by the Police, gives full information relating to his employer and of the facts of the case as known to him.
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Employment and employee.
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Added by:
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IX. 2003.116.
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PART XXIII
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GENERAL PROVISIONS
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Art. 130
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130.In any civil proceedings under this Act if a question arises as to the use to which a registered design has been put, the burden of proof that a particular use has been made shall lie on the proprietor.
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Burden of proving use of design.
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Added by:
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IX. 2003.116.
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Art. 131
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131.Civil actions under Parts XVIII to XXIV of this Act shall be barred by the lapse of five years in all cases in which no other period within which such actions may be brought is fixed in this Act.
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Limitations of civil actions.
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Added by:
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IX. 2003.116.
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PART XXIV
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REGULATIONS
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Art. 132
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132.(1) The Minister may make regulations for the better administration of Parts XVIII to XXIV of this Act, making such rules as are required by any provisions of the said parts of this Act, prescribing anything authorised or required by any provision to be prescribed, and generally for regulating practice and procedure under the said Parts, and in particular provision may be made:
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Power of Minister to make regulations.
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Added by:
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IX. 2003.116.
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PATENTS AND DESIGNS (a) with regard to the interpretation of terms used in the said Parts of this Act; (b) with regard to the grant, refusal or surrender of a registered design; (c) with regard to the terms of renewal of a registered design; (d) with regard to the manner of filing of applications and other documents as well as all respective and other fees under the said Parts of this Act; (e) requiring and regulating the translation of documents and the filing and authentication of any translation; (f) with regard to the service of documents; (g) with regard to matters relating to the register of designs, in particular as to: (i) amendment of registered particulars relating to a licence so as to reflect any alteration of the terms of the licence, and (ii) the removal of such particulars from the register; (h) with regard to the classification of registered designs; (i) authorising procedure; the rectification of irregularities of (j) with regard to procedures, sanctions and anything else relating to the infringement of the provisions of the said Parts of this Act; (k) prescribing time limits for anything required to be done in connection with any proceeding under the said Parts of this Act; (l) providing for the extension of any time limit so prescribed, or specified by the Comptroller whether or not the time limit has already expired; and (m) regulating administrative and other supplementary provisions.
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(2)The Minister may also from time to time make regulations not inconsistent with the said Parts of this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or desirable to be prescribed for carrying out or giving effect to this Act, or for the conduct of any business relating to the Office of the Comptroller.
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(3)The Minister may also make regulations giving effect in Malta to the provisions of any international or regional design registration instrument or any related agreements to which Malta becomes a party.
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PATENTS AND DESIGNS
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Art. 133
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133.(1) Subject to the provisions of this article, the Industrial Property (Protection) Ordinance is hereby repealed.
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(2)In this article: \"existing registered design\" means a design, registered under the Industrial Property (Protection) Ordinance immediately before the commencement of Parts XVIII to XXIV of this Act;
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Repeal of Industrial Property (Protection) Ordinance, and transitory provision.
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Added by:
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IX. 2003.116. \"former register\" means the register kept under the old law; \"new register\" means the register kept under Parts XVIII to XXIV of this Act; \"old law\" means the Industrial Property (Protection) Ordinance and any other enactment or rule of law applying to existing registered designs immediately before the commencement of Parts XVIII to XXIV of this Act.
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(3)For the purposes of this article (a) an application shall be treated as pending on the coming into force of Parts XVIII to XXIV of this Act, if it was made but not finally determined before such coming into force; and (b) the date on which it was made shall be taken to be the date of filing under the old law.
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(4)Existing registered designs shall, on the commencement of this article, be transferred to the new register and subject to the provisions of this article, shall have effect as if they were registered under Parts XVIII to XXIV of this Act.
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Existing registered designs.
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(5)Proceedings under the old law which are pending on the commencement of this article shall be dealt with under the Old Law and any necessary alteration pursuant to such proceedings shall be made to the new register.
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Proceedings under old law.
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(6)(a) Upon the coming into force of this article, articles 75 and 76 of this Act shall apply in relation to, an existing registered design and subject to paragraph (b), article 113 shall apply in relation to any infringement of an existing registered design committed after the commencement of this article.
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Effects of registration infringement (b) After the coming into force of this article, it shall not be an infringement of (i) an existing registered design, or (ii) a registered design of which the distinctive elements are the same or substantially the same as those of an existing registered design, to continue with any use which did not amount to infringement of the existing registered design under the old law.
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(7)Article 114 shall apply to infringing goods, material or products whether made before or after the commencement of this article.
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Infringing goods, material or products.
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PATENTS AND DESIGNS Rights and remedies of licensee.
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(8)Article 86 shall apply to licences granted before the commencement of this article, but only in relation to infringement committed after its commencement.
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Co-ownership of a registered design.
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(9)The provisions of article 80 shall apply as from the commencement of this article to an existing registered design of which two or more persons were immediately before the commencement of this article registered as joint proprietors.
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Assignment, etc., of a registered design.
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(10)(a) Article 81 shall apply to transactions and events occurring after the commencement of this article in relation to an existing registered design; and the old law shall continue to apply in relation to transaction and events occurring before its commencement. (b) Where, before the commencement of this article a person become entitled by assignment or transmission to an existing registered design but has not registered his title, any application for registration of an assignment after its commencement shall be made under article 83.
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Licensing of a registered design.
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(11)Articles 84 and 85 shall apply only in relation to licences granted after the commencement of this article.
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(12)An application for registration of a design under the old law which is pending on the commencement of this article shall be dealt with under the old law, and, when registered, the design shall be treated for the purposes of this article as an existing registered design.
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(13)(a) In the case of a pending application for registration filed before the commencement of this article the applicant may give notice to the Comptroller demanding to have the registrability of the mark determined in accordance with the provisions of Parts XVIII to XXIV of this Act. (b) The notice must be accompanied by the appropriate fee and be given no later than six months after the commencement of this article. (c) Notice duly given shall be irrevocable and shall have the effect that the application shall be treated as if made immediately after the commencement of this article.
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(14)The Comptroller may exercise the powers conferred by this Act to ensure that any existing registered designs which do not conform to the system of classification prescribed under article 90 are brought in conformity with such system.
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(15)Article 91 shall apply to an application for registration under this Act made after the commencement of this Part notwithstanding that the Convention application was made before commencement.
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(16)Articles 72 and 73 shall apply in relation to the registration of a design in pursuance of an application made after the commencement of this article:
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PATENTS AND DESIGNS Provided that in the case of a design registration under the old law, whose term of protection has not yet expired at the coming into force of this article registration may be renewed as provided for in articles 72 and 73.