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29th May 2009

The Court upheld a judicial action filed by Melita Marine Ltd and others by declaring registration of a design (Reg. No. 1310) in the name of S&D Yachts Limited consisting of a frame together with a thermoplastic cover for boats, to be invalid on the basis that the design in question was not new and did not have individual character. This case is interesting as it appears to be the first example of judicial pronouncements with respect to Articles 66 and 67 of the Patents and Designs Act (Chapter 417 of the Laws of Malta) and is currently the subject of a pending appeal.

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