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Cap. 417 · Patents And Designs Act (Cap. 417)

Cap. 417 Art. 63Interpretation.

PART XVIII

In KraftAmtlicher Text

(1) In Parts XVIII to XXIV of this Act, unless the context otherwise requires -

"complex product" means a product which is composed of multiple replaceable components permitting disassembly and reassembly of the product; "Comptroller" means the Comptroller of Industrial Property and includes any other person appointed or assigned by the Comptroller to exercise all or any of the powers and perform all or any of the duties of the Comptroller; "European Union" means the European Union referred to in the Treaty; "designs" means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and, or materials of the product itself and, or its ornamentation;

"Office" means the office responsible for the registration of designs in Malta under the provisions of this Act;

"infringement proceedings" in relation to a registered design, includes proceedings under article 115;

"Locarno Classification" means the Classification contained in the Locarno Agreement establishing an International Classification for Industrial Designs, as revised or amended from time to time;

"made available to public" means made available to the public by the owner of the design or by any other party;

"Member State" means a state which is a member of the European Union;

"Minister" means the Minister responsible for the protection of industrial property;

"Paris Convention" means the Paris Convention for the Protection of Industrial Property of 20 March 1883, as revised or amended from time to time; "prescribed" means prescribed by this Act or by any regulations made thereunder; "product" means any industrial or handicraft item, other than a computer program, including intended to be assembled inter alia into a complex product, packaging, get-up, graphic symbols and typographic typefaces;

"publish" means make available to the public, and references to publication in relation to registration, are to publication under article 95(4); "register" means the register of designs kept under this Act and includes the register of designs kept under the Industrial Property (Protection) Ordinance; "the Treaty" has the same meaning assigned to it by the European Union Act.

(2) The provisions of Parts II to XVII of this Act do not apply to designs which are regulated by Parts XVIII to XXIV of this Act exclusively.