A design is effectively an idea given shape. Nowadays, these can be protected as designs in a similar way to patents. For a design to be eligible for registration and protection it must satisfy the following criteria:
- It must be Novel (New)
- It requires an “Individual Character”
- It must have some form of industrial applicability.
Registering a design brings with it the benefit of certainty that the design belongs to the registrant. It also carries with it the right to do or authorise the following:
- To use the design or to license its use;
- The offering or the putting a product on the market based on the design along with the use of such product, or the importation or stocking of such product where the purpose will be to put it on the local market.
Registering a design will give the person the above rights in the Maltese territory. It is of great commercial interest to make sure that a design is registered as quickly as possible so as to benefit from protection and the rights above.
We can facilitate the registration of a design in Malta or any issues that may arise in this regard.