In 2000, member states of the World Intellectual Property Organisation (WIPO) decided to designate a World Intellectual Property Day.

Their aim was to raise awareness of the role of intellectual property in our daily lives, and to celebrate the contribution made by innovators and artists to the development of societies across the globe.

Each year, this event is commemorated at the end of April which marks the introduction of the convention establishing WIPO, which originally came into force in 1970.

I would therefore like to take a look back through recent years and highlight the steps Malta has taken in the area of intellectual property.

It is also opportune to outline what Malta is doing now in this area and what the future holds for us in the intellectual property regime.

In the recent past, efforts in the field of safeguarding intellectual property were stepped up and in 2000, after approximately 100 years, the legislation on copyright, patents and trademarks was repealed and replaced by totally new legislation in line with the World Trade Organisation (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights and the EU Acquis.

The updating of legislation did not stop there, however, but continued with the transposition of the relevant acquis during 2003 and 2004, which included, inventions, copyright and design and trademarks.

It is also worth noting that with Malta’s accession to the European Union, it became part of the Community Trademark and Design system. This system enables an applicant to acquire protection for his trademark or design in all the member states of the EU by submitting one application to the EU Central office known as the Office for the Harmonisation of the Internal Market

In its efforts to increase awareness of intellectual property rights, the Competitiveness and Communications Ministry, through the Commerce Division, has organised a number of workshops, seminars and similar activities in recent years.

The main scope of these was the promotion of IP rights – the need to protect one’s IP rights and to respect the IP rights of others.

The Competitiveness and Communications Ministry is currently involved in the upgrading of IP laws in so far as the recent directive on enforcement on IP rights is concerned.

Through the Commerce Division, the Competitiveness and Communications Ministry has also secured transitional funds from the EU for a programme for intellectual property training, awareness and enforcement within the framework of EU projects.

This project is being coordinated with the Customs Department, the Police and the Attorney General’s Office, and its main aim is to promote increased awareness of intellectual property rights, with an emphasis on curbing counterfeit goods.

Legislation will no doubt continue to be updated, according to the latest developments and directives in this area and awareness and training activities will continue to be organised in accordance with the perceived needs of the Division and the public interest.

However, an important element which merits mention in some detail is Malta’s proposed accession to the Madrid Protocol.

The Madrid Protocol, which is administered by the WIPO is, to put it simply, an easy method for the registration of trademarks in any of the 66 countries that are party to the protocol.

In summary, the main advantages of this convention for trademark owners is the simplicity of the international registration system and the financial savings made when obtaining and maintaining the protection of their trademarks abroad.

In our accession instrument to the protocol, Malta will take advantage of the possibility which is available to all acceding states in so far as limitation of existing marks are concerned.

In this regard, Malta will submit a declaration that no international registration effected under the protocol before the date on which the protocol came into force with respect to Malta, can be extended to it.

Malta’s accession to the Madrid Protocol is yet another step forward in our efforts to ensure that all possible sources for the protection of the Maltese businessman’s and SMEs intellectual property rights are applied.

In this way, Malta will be on a par with all other EU member states who are also contracting states to the Madrid Protocol. Moreover, with effect from 1 October 2004, the European Community has also become a party to the Madrid Protocol, and Malta’s independent accession to the Madrid Protocol is therefore complimentary to this.

I believe that it is important for us to reflect on how intellectual property touches all aspects of our lives. Copyright helps bring music to our ears and art, films and literature before our eyes. Industrial design helps shape our world and trademarks provide reliable signs of quality. Patenting helps promote ingenious inventions that make life easier, faster and safer – and sometimes completely change our way of living.

These things are often taken for granted and there is little public awareness of the connection between human creativity and intellectual property in daily life.

Although most people have heard of copyright, patents and trademarks, many view them simply as business or legal concerns that have little effect on their own lives.

Marking a day for intellectual property provides an ideal opportunity to improve public understanding of – and respect for – creativity, innovation and the intellectual property system, by demonstrating their importance in our daily lives.

Censu Galea is Competitiveness and Communications Minister