Intellectual Property Services

Intellectual property rights (IPR) are undoubtedly unique and worthy assets for most enterprises, be they innovative or more traditional. Their promotion and protection is essential for business development. We can help you recognise, value, record, enhance, exploit and protect the value of your Intellectual Property (IP) assets and to maximise the level of protection of your trademarks, patents, copyrights, designs and other IP rights.

What is Intellectual Property?
What constitutes Intellectual Property assets?

IP is usually divided into two categories: industrial property and copyright.

Industrial property includes patents for inventions, industrial designs, trademarks and geographical indications;
Copyright and related rights cover literary, artistic and scientific works, including performances and broadcasts.

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.

To get a patent, the company must reveal the details of the invention. The rationale for doing this is so that others can build on the invention and thus promote further innovation. By revealing the invention, companies obtain legal protection and the right to exclusive sales of the invention (or the right to licence or sell its use to others).

An industrial design constitutes the ornamental aspect of an article. An industrial design may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or colour.

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of others. A trademark uniquely identifies the source of the product. Companies trademark brand names and then advertise to build familiarity with that name. This helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

The simplest way for a company or business to protect its intellectual property is to never reveal it and create what is called a trade secret. Trade secrets are IPRs on confidential information which may be sold or licensed.

In general, to qualify as a trade secret, the information must be:

Commercially valuable because it is secret;
Be known only to a limited group of persons; and
Be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees.

If handled well, you may have rights linked to your IP assets, allowing you as the ‘creators’ or ‘owners’ of that IP to benefit from your work or investment in their creation by giving them control over how their property is used.

IPRs allows businesses to:

Protect innovative products and services;
Increase the visibility, attractiveness and value of your products on the market;
Distinguish their business and its products from the competition;
Access technical and business information and knowledge;
Avoid the risk of unknowingly using third-party proprietary content or inadvertently losing your own valuable information, innovations or creative output;
Increase their commercial value;
Access new markets.

How we can help

Assisting and supporting you manage and exploit your IP assets

We offer a full spectrum of IP-related services. We can help throughout the entirety of your IP’s existence, from inception to termination.

The below is a comprehensive guide as to what we can offer through our IP-related services:

Stage 1 - Identify

We can help you better understand and identify what IP assets you own and how these may add value to your business;

We hold preliminary information sessions/discussions on options for IP asset protection and possible registrations which fit your goals;
We can help you qualify your IP for protection and carry out the necessary preliminary ground work to properly value your IP.

Stage 2 - Protect

Communicating with the relevant authorities and drawing up any necessary documentation to ensure the protection of your IP asset in relation to:

Local IP asset registration applications;
EU platforms, such as the European Union Intellectual Property Office (EUIPO);
International platforms, such as the World Intellectual Property Organisation (WIPO); and/or
Any other international or regional relevant registration platforms.

Stage 3 - Exploit

Supporting you throughout the entirety of your IP asset’s lifespan by advising you on the best way to manage and even exploit your IP assets, through licensing or sale. The following is an outline of the help we can offer:

Brand Restructuring
IP Protection
Preparation and Review of IP Valuations
IT Services
Tax Services
Incentives
Logo Creation and Design and Branding Services

Brand Restructuring

Organisation and management of IP assets;
Guidance on maximising the value of your IP assets.

IP Protection

Drafting a variety of IP-based agreements based on your individual needs;
Drafting your employment contracts minded by your business’ requirements.

Preparation and Review of IP Valuations

Estimation of IP value for commercial, accounting and taxation purposes;
Review of IP value and assistance to directors in impairment assessments when preparing financial statements;
Preparation of purchase price allocations when acquiring intangible assets;
Valuation of IP in the context of a given transaction;
Preparation of expert report in line with Maltese law when issuing and alloting shares in exchange for IP assets, to ensure the congruence of the respective values of the shares and the IP.

IT Services

Provide Software Licence Compliance services to support you in recovering revenue and maximise the value of your licence agreements;
Advise on implementing controls to safeguard your IP against any malicious threat actors (both internal and external).

Tax Services

Analysis of income tax and VAT implications of holding IP;
Advising on tax implications when holding and transferring IP;
Establishment of IP owning entities;
Preparation and submission of statutory periodic VAT returns.

Incentives

Advising on any available incentives relating to IP, including advice on the Patent Box Regime and R&D incentive schemes
Assistance with the preparation and review of application forms and various correspondence with the relevant Authorities;
Assisting with performing calculations to optimise the benefit that could be availed of;
Assisting with ongoing reporting requirements;
Assisting on funding opportunities for other capital and operating expenditure.

Logo Creation and Design and Branding Services

Communicating your IP’s purpose effectively through a unique design tailored to the asset’s brand.
Strengthening your brand’s image and advising on methods of building upon your brand’s identity.

Stage 4 - Housekeeping

We provide various services throughout the IP’s lifespan, including:

Help with the renewal, transfer or termination of your IP;
Revising and/or renewing existing IP-based agreements;
Consulting with Authority requests on your behalf;
Advising on any re-branding and/or modernisation queries;
Assistance with filing necessary objections to the use of products or services which are in breach of or conflict with the protection of your IP.

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Intellectual Property Services

What is Intellectual Property?
What constitutes Intellectual Property assets?