Intellectual Property Laws at Maldives
The Maldives' intellectual property (IP) legal framework is evolving, with ongoing efforts to enhance protection across various domains. Here's an overview of the current status:
ποΈ Legal Framework
The Maldives' IP laws are governed by
Copyright and Related Rights Act: Law No. 23/2010, effective from April 2011
Trademark Protection: Currently governed by common law through the publication of cautionary notices
Patent Protection: No specific patent law; protection is through cautionary notices
Industrial Designs: No specific law; protection is through cautionary notices The Ministry of Economic Development and Trade is actively working on drafting legislation to formalize trademark protection and other IP rights
π Copyright Protection
Automatic Protection Arises automatically upon creation of an original work.
Registration Not mandatory but can be done with the Ministry of Economic Development.
Duration: Lifetime of the author plus 50 year. For collective works, 50 years from the date of creation or first publication.
Berne Convention The Maldives is a member, ensuring international recognition of copyright protection.
π‘οΈ Trademark Protection
*System: Currently based on common law through the publication of cautionary notices in local newspapers.
Procedure:
Publish a cautionary notice in both English and Dhivei.
Include details such as the trademark, owner's information, and description of goods/services.
*Renewal: Recommended every 2β3 years to maintain rights.
*Foreign Applicants: Must publish a cautionary notice; no formal registration system yt.
π‘ Patent and Industrial Design Protection
*Patent Law: No specific patent law; protection is through cautionary notices.
*Industrial Designs: No specific law; protection is through cautionary notices.
Procedure:
Publish a cautionary notice detailing the invention or design.
Include inventor's information, claims, and specifications.
*Renewal: Recommended every 2β3 years to maintain rights.
π International Treaties
The Maldives is a member of several key international IP treaties:
Berne Conventions: Protects literary and artistic works.
World Trade Organization (WTO: Member since 1995, adhering to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreements.
World Intellectual Property Organization (WIPO: Member since 004.
βοΈ Enforcement and Protection
Dispute Resolution: Handled through the court system, including the District Court and High Curt.
Common Law Remedie: Actions for passing off and injunctions are available.
Role of Ministry: The Ministry of Economic Development and Trade is working on formalizing IP laws and providing guidance.
π Contact Information
*Ministry of Economic Development and Trade
Address: Ministry of Economic Development and Trade, MalΓ©, Maldives
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