https://www.um.edu.mt/library/oar/handle/123456789/9210 Thu, 23 Apr 2026 21:15:02 GMT 2026-04-23T21:15:02Z https://www.um.edu.mt/library/oar/handle/123456789/130026 Title: The grounds of revocation found under EU and Maltese trademarks legislation : a study Abstract: A trademark acts to differentiate between the goods and services of a company. It is the mark by means of which a business can attract and retain its client base and create value and growth. This ongoing growth of trade mark applications has been associated with an increase in expectations on the part of stakeholders for more simplified and efficient trade mark registration procedures. However this growth has also led to a situation where trademarks have remained not utilised, which in itself creates problems for this sector. It is for this reason that the grounds for revocation of trademarks, which will be dealt with in this study, are a key to keeping control over the situation. It is an accepted fact that trademarks, allow the public to differentiate between goods of numerous suppliers at the point of sale. This is useful. both from the point of view of the customer, but also from that of the brand owner. It is evident, that a registered trade mark has two complimentary qualities - one enabling a consumer to make a distinction between the goods from different sources and secondly, it is fundamentally important that the trade mark's owner retains the exclusivity to market goods or services protected by the mark. The Court of Justice of the European Union, has played an important role in the development of this particular area, relative to the grounds of revocation and has gone into this all important fields relating to trademarks, which has these two very important functions of protecting both the consumer's as well as the proprietor's rights. This dissertation will deal with an analysis of the grounds of revocation as distinct from the grounds of invalidation found in the EU Trademark Directive and Regulation and also in Chapter 416 of the Laws of Malta and implicitly examine their proprietary rights as a basis to enable this work to give a more detailed critical study of the important grounds of revocation. Description: LL.M.EUR.COMP. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/130026 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/127458 Title: The Europeanisation of insurance contract law Abstract: The ultimate objective of this dissertation is to recommend the way forward towards the harmonisation of insurance contract law in the European Union (EU), keeping in mind the ultimate scope of a complete single European insurance market. Initially, this dissertation examines the roots of the legal systems in European Union member states and the differences between one legal system and another. The first part of the dissertation aims to demonstrate how insurance laws and policies within member states have developed to be different from one another and the ways in which such divergences create obstacles to insurance cross-border trade. This study then progresses to examine the practical situation in Malta by reflecting feedback obtained from local insurance managers and insurance principals which habitually trade across EU borders. Following this foundation, this dissertation then moves forward to examine the steps taken to date by the EU towards harmonisation. An overview of communications and legal texts which the EU has delivered to date, together with drafts of the proposed harmonising texts provided by the Project Groups appointed by the Commission, are crucial for the formation of a sound basis that needs to support a resulting recommendation that ensures a smooth transition Into a Europeanised Insurance contract regime. The last chapter of this dissertation questions whether Europeanisation can also have its disadvantages and in the affirmative, whether these are of a significant enough magnitude to outweigh the advantages which the dissertation demonstrates would ensue once Europeanisation occurs. The final parts of this study focus on the manner in which Europeanisation can take place. The dissertation questions whether the harmonising instrument proposed should be. Description: LL.M.EUR.COMP. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/127458 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/103309 Title: The Maltese regulation of digital games (with prize) in the light of EU law Abstract: The continuous developments affecting the digital gaming industry have generated innovations in business models, gameplay, playing devices and communication technologies. The growth of cross-border gaming operations and game development companies created new employment opportunities, gaming formats and monetisation systems that presented new challenges for regulatory and legislative institutions that are mandated to ensure that players are safeguarded from illicit practices, such as identity theft, whilst enforcing measures to prevent money laundering, illegal gambling and tax evasion practices. In response to the rapid expansion of the services sector, the EU intensified its efforts to attain an internal market primarily by enhancing the fundamental freedom provisions through the enactment of various European law. However, the pace of the legislative processes in the Union contrasted sharply with the rapid changes occurring in the digital gaming industry. This asynchronous relationship is pervasive and can also be detected in other countries at different levels of jurisdiction. The effects of this regulatory conundrum are analysed to discern its implications for the digital gaming sector and for consumer protection. A diachronic and synchronic comparative study of Maltese and EU regulation was undertaken focusing on the provision of digital games (with prize) services in contrast to gambling services. This entailed a detailed consideration of the concepts of 'chance' and 'skill', the characteristics of online skill games and their variants, the fundamental freedoms provisions of services and establishment, the Services Directive, other relevant EU legislation, the decisions handed down in various juridical jurisdictions, and the legal frameworks developed in selected foreign countries. This study formulated the basis for the critical analysis of the actions and changes that constituted the development of the proposed Maltese Regulation of digital games (with prize). Description: LL.M.(Melit.) Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/103309 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/73184 Title: European company law and corporate governance : pre and post financial crisis Abstract: To provide a better understanding of EU company law and corporate governance developments, this study presents a critical assessment of the evolving process of the Harmonisation Programme. Rather than merely analysing the alternating approaches adopted in the past 50 years, this study focuses upon how, why and in what ways these transformations were occurring. A comparative analysis of the different legislative processes adopted by the European Commission is crucial in determining which path the Commission should follow in the process of the modernisation of EU company law and corporate governance. This study also critically examines the discussion surrounding the financial crisis of 2008, in particular the role of shareholders and the lack of employee involvement. Drawing vital lessons from the crisis, this study addresses the crucial question as to whether the means of regulation used pre the financial crisis contributed to the drastic and catastrophic effects of the crisis. It then follows by proposing a number of recommendations, which could lead to better corporate governance structures. In particular, it examines the question as to whether a revival of the early Harmonisation Programme is possible and it seeks to address plausible solutions to deal with the difficulties encountered during the crisis. Description: LL.M.EUR.COMP. Thu, 01 Jan 2015 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/73184 2015-01-01T00:00:00Z