Cap. 417 Art. 100Effect of acquiescence.

(1) An action for invalidity may not be initiated when the person bringing the action being aware of the use of a registered design in Malta has acquiesced for a continuous period of five years to such use.

(2) In the case referred to in subarticle (1), where the action is brought on the basis of an earlier registered design or an earlier acquired right the proprietor of the registered design is not entitled to oppose the use of the earlier design or, as the case may be, the exploitation of the earlier right, notwithstanding that the earlier design or right may no longer be invoked against his registered design.