Cap. 597 чл. 22Meaning of "infringing goods, material or articles".

(1) In this Act the expressions "infringing goods",

"infringing material" and "infringing articles" shall be construed in accordance with the following sub-articles of this article.

(2) Goods are "infringing goods", in relation to a registered trademark, if they or their packaging bear a sign identical or similar to that mark and -

(a) the application of the sign to the goods or their packaging is an infringement of the registered trademark; or

(b) the goods are proposed to be imported into Malta and the application in Malta, of the sign, to them or their packaging would be an infringement of the registered trademark; or

(c) the sign has otherwise been used in relation to the goods in such a way as to infringe the registered trademark.

(3) Material is "infringing material", in relation to a registered trademark, if it bears a sign identical or similar to that mark and -

(a) it is used for labelling or packaging goods, as a business paper, or for advertising goods or services, in such a way as to infringe the registered trademark; or

(b) it is intended to be so used and such use would infringe the registered trademark.

(4) "Infringing articles", in relation to a registered trademark, means articles -

(a) which are specifically designed or adapted for making copies of a sign identical or similar to that trademark; and

(b) which a person has in his possession, custody or control, knowing or having reason to believe that they have been used or are to be used to produce infringing goods or material.