Trademarks and unfair competition in cyberspace

Abstract

The following thesis comprises an in-depth study of trademark law in Malta with a view to regulating infringement practices arising on the Internet involving trademark issues. Fundamental concepts of Intellectual Property will be reviewed in the light of this new phenomenon called 'Cyberspace' after having introduced the reader to the world of digital technology and the implications associated therewith. In analysing the relevant legislation in Malta protecting trademarks I will furthermore be introducing our new Trademarks Act of 2000 and also be referring to our rules of unfair competition. It must nonetheless be premised that this thesis is dedicated to a whole new scenario of cyberspace and hence will not pursue a detailed breakdown of trademark law per se but instead will give prominence to the practices arising on the Internet involving trademarks and the application of the relevant provisions of law both on a local scale as well as on an international one. Repeatedly the issue of 'Domain Names' is harped upon emphasising their growing importance in the light of disputes occurring in cyberspace which involve trademark issues. In this respect the ongoing developments taken by the International Community gain much authority as we witness the widespread recognition given to the importance and urgency of dealing with the regulation of domain names in order to curtail associated trademark infringements. This is tum necessitates a uniform set of practices and approach to tackling these incidents. After examining the above I will proceed to analyse other infringing practices which are emerging as the Internet evolves further and which also involve trademark issues. Finally what is probably the hardest question to answer remains: "Whose Cyberlaw?". As the commercial use of the Internet becomes more widespread, trademark owners will need to increase their vigilance to preserve the integrity of their marks. Hence the dilemma emanates whether we should rely on domestic laws or international laws or simply devise new laws to accommodate this new world. However this is a pleasure yet to come.