A practical overview of Malta’s IP protections, enforcement options, and policy direction, as analysed in the 5th edition.
Chetcuti Cauchi contributed Malta’s chapter to The Intellectual Property Review (5th Edition), a UK publication by Law Business Research Ltd, edited by Gideon Roberton (May 2016). The chapter provides a practical roadmap to Maltese intellectual property law – outlining patents, designs, copyright and trade marks, the routes to obtain protection, and the enforcement mechanics most relevant to rights-holders and investors. It also flags Malta’s then-recent reforms and the policy ambition to strengthen Malta’s IP ecosystem as part of a broader competitiveness narrative. (IP may be intangible, but the disputes rarely are.)
A practical overview of Malta’s IP protections, enforcement options, and policy direction, as analysed in the 5th edition.
Chetcuti Cauchi contributed Malta’s chapter to The Intellectual Property Review (5th Edition), a UK publication by Law Business Research Ltd, edited by Gideon Roberton (May 2016). The chapter provides a practical roadmap to Maltese intellectual property law – outlining patents, designs, copyright and trade marks, the routes to obtain protection, and the enforcement mechanics most relevant to rights-holders and investors. It also flags Malta’s then-recent reforms and the policy ambition to strengthen Malta’s IP ecosystem as part of a broader competitiveness narrative. (IP may be intangible, but the disputes rarely are.)
Malta’s core IP rights architecture – patents, trade marks, designs and copyright – and how these tools are typically used in practice.
Enforcement pathways in Malta – including forum, evidence, remedies, and costs considerations for rights-holders.
Cross-border protection dynamics – where national protection interacts with international and regional filing routes.
Policy direction – the long-term positioning of Malta as a jurisdiction seeking to modernise and consolidate IP law.
Who this is for
International brand owners, founders, creative industry businesses, technology and gaming operators, investors, and advisers needing a reliable snapshot of Malta’s IP framework.
What this means for you:
Malta’s IP regime is best approached as a coordinated package – registration strategy + enforceability planning + cross-border alignment – rather than as isolated filings.
Publication context and why it matters
The Intellectual Property Review: Malta Chapter
Chetcuti Cauchi authored the Malta chapter of The Intellectual Property Review (5th Edition), published in the UK by Law Business Research Ltd and edited by Gideon Roberton (May 2016). The purpose of the wider review is to provide jurisdiction-by-jurisdiction guidance on how intellectual property is protected and enforced, reflecting the reality that clients often commercialise IP across multiple markets.
In the editor’s words, IP is ‘the lifeblood of all businesses’ – a framing that resonates especially strongly for technology, gaming, media, consumer brands, and scalable businesses where enterprise value is often concentrated in intangible assets.
Practical Insights from the Published Article
The Malta chapter is structured as a hands-on guide rather than a purely academic treatment. It first sets the background context for Maltese IP law and Malta’s participation in international instruments, before moving into the practical categories of protection most commonly used by rights-holders.
It then moves from “what can be protected” to “how protection is obtained” and, critically, “how rights are enforced”. This sequencing matters in practice: robust registration strategy is only as valuable as the enforceability planning that sits behind it, including evidence readiness, venue selection, and the remedies realistically available.
Forms of Intellectual Property Covered
The chapter identifies four main forms of intellectual property protection in Malta:
Patents
Designs
Copyright
Trade marks
For businesses building Malta-facing operations – or using Malta as part of a wider EU and Mediterranean commercial strategy – these categories typically operate together. A single product launch, for example, can involve design protection, trade mark strategy, copyright in creative content, and patent questions around technical innovation.
Recent Developments Highlighted in Malta’s IP Landscape
The chapter also outlines developments that, at the time, shaped Malta’s IP environment – including:
regulatory measures supporting national, regional, and international protection routes,
cross-border measures addressing goods that contravene IP rights,
and structural improvements in dispute handling, including references to the Patents Tribunal and its role in patent infringement and revocation disputes.
These themes remain strategically relevant today because they reflect an underlying policy objective: to ensure that protection is not merely theoretical, but operationally enforceable within a functioning legal and institutional framework.
Enforcement and Dispute-readiness
A core practical value of the chapter is its coverage of enforcement – mapping the typical steps a rights-holder considers once infringement risk crystallises. This includes (as presented in the original structure) questions of venue and jurisdiction, evidence gathering, the structure of proceedings, remedies, appellate dynamics, and legal costs.
“Strong IP protection is rarely about the certificate alone – it is about designing a protection and enforcement strategy that still works when challenged, across borders and under time pressure.” Dr Maria Chetcuti Cauchi, Senior Partner, Chetcuti Cauchi Advocates
'Making Malta an IP Hub' Project
Focusing on the ”˜Making Malta an IP hub’ project, Dr Chetcuti Cauchi emphasises that this project, which will bring together all IP laws applicable in Malta under one solid legislative framework, will attract more investors to our shores as it provides proprietors with more inventive ways on how to best exploit their IP rights, thus raising capita, and give them further certainty and peace of mind in relation to the property rights of intangible assets.
Finally, Dr Chetcuti Cauchi predicts that in view of Malta’s efforts to strengthen its laws for the creative industries and the initiatives which are being proposed, along with sound corporate and tax laws, Malta will not only continue to reinforce its position as a centre for excellence for creative industries, but aims to take on a more developed leading role.
About the Author: Dr Maria Chetcuti Cauchi, Senior Intellectual Property Lawyer
Dr Maria Chetcuti Cauchi is a Senior Partner at Chetcuti Cauchi Advocates and is recognised for her work in intellectual property matters, advising local and international enterprises on protection and enforcement strategy. Her experience spans the practical lifecycle of IP assets – from registration planning to dispute readiness – particularly in business environments where IP value is closely tied to commercial growth.
How Our Malta Intellectual Property Lawyers Can Help You
Chetcuti Cauchi’s intellectual property lawyers advise on the legal design and execution of IP strategies aligned with business realities, including:
trade mark, design, patent and copyright protection planning
portfolio structuring aligned with commercial and licensing objectives
enforcement strategy, evidence readiness, and dispute risk management
cross-border coordination with overseas counsel for international filings and enforcement
