Malta

Please contact our Italian-office for more information about our services in Malta:

REACT Italy
Via Ponte Vetero 15
20121 Milano
Italy
T +39 02 80509450
Contact: Mrs Giulia Laviani
italy@react.org
glaviani@react.org


In Malta we have a well established cooperation with the specialized IP law firm IURIS Malta (former Ganado Sammut). Our agreement ensures that members can follow up customs cases at fixed fees. Malta is an important transit port for shipments coming from the Far East and destined to North African countries.   Our services in Malta are being coordinated from our Italian office. 

Our services in Malta

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application is not mandatory
  • Customs application is valid for one year
  • Simplified procedure is available at the discretion of Customs on a case by case basis and it will not be adopted where the declarant of the goods is unknown or fictitious
  • If Customs acts ex officio, an application for action must be filed within 5 days
  • Deadline for response to Customs notification of detention is 10 working days (extendable once) with application for action (3 working days for perishable goods), 5 working days for ex officio actions
  • The importer is to respond to the seizure within 10 working days (extendable for a further 10 working days)
  • When the simplified procedure is not possible and an undertaking with the infringer cannot be reached, civil judicial proceedings may be filed within the deadline for a declaration that the goods are counterfeit and an order for the destruction of the counterfeit goods
  • Police are tasked with taking criminal action against infringers
  • Criminal law remedies available: imprisonment (max 3 yrs) , fine (max €23,293.73), forfeiture of the infringing machinery/ apparatus; criminal forfeiture and destruction of counterfeits, warrant of entry/search/seizure/removal of all things used in the offence
  • Criminal intent of fraud is required for criminal liability
  • Interim injunctions available (example: provisional interlocutory injunctions; seizure/delivery orders)
  • Damages must be commensurate with the actual prejudice suffered by the said right holder as a result of the infringement; Judicial fees and costs are taxed by the Court Registry at the end of civil proceedings in accordance with the Court’s tariff – these are borne by the unsuccessful party unless equity requires otherwise