Utility models : a comparative analysis with a view to determining the feasibility of introducing this intellectual property regime in Malta

Abstract

This research project focuses on the various aspects of utility model protection systems across the globe and analyses how the structure works in a way to supplement the patent system in protecting inventions. Since utility models are primarily regulated by the national laws found in the different countries, no harmonisation of the system exists on a European level. Since innovators of small inventions cannot acquire patent protection, they feel discouraged, particularly in countries where a second tier system of utility model protection does not exist, like Malta. The first two chapters provide an overview of the puzzled utility model regimes within Europe, focusing on a search for multilateral obligations imposed on countries. The second chapter goes further into the utility model systems in a selected number of European Union Member States and other countries. Focus on the German and British positions has been made in order to create a comparison between countries which have implemented this regime and countries which are still reluctant to do so. The third and final chapter goes into the possibility of an introduction of a utility model system in Malta, and discusses the economic and technological benefits that may be generated as a result. Feedback received from the Industrial Property Registrations Directorate and from Maltese lawyers who practice in the area of intellectual property, also contributed to this analysis. Arguments for and against introducing a utility model system in Malta are put forward, following a discussion of how to implement it efficiently both on a legal and social level. The key answer that this research projects seeks to arrive at is whether Malta should stick to patent protection or whether it should invest in a utility model system as well, concluding that it should definitely venture into this legal realm.