Damages In Maltese Intellectual Property Cases

Introduction

The Enforcement of Intellectual Property Rights (Regulation) Act, 2006¹ came into effect at the end of 2006² and fully implements the provisions of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (the Directive).

It is fair to say that Maltese practitioners took some time getting used to the broad implications of Chapter 488. It is also fair to say that even the Maltese Courts themselves initially seemed to exhibit trepidation in granting some of the remedies stemming from this new law. Many of these remedies are more extensive than anything contained in the Maltese Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta) or even the Maltese Civil Code (Chapter 16 of the Laws of Malta). These include the right to receive information from the other party, measures to preserve evidence, various interim measures (such as specific injunctions) and