Cap. 415 Art. 38Where no right to protection exists.

Where no right to protection as conferred by article 32

exists in favour of a creator or his employer in accordance with articles 36 and 37, the right shall apply in favour of the person or his successor in title, who, satisfying either of the conditions mentioned in the proviso to article 37, first commercially exploits, in Malta or in a State in which such a right as is sui generis conferred by article 32 on semiconductor product topographies is protected under an international agreement to which Malta is also a party, a topography which has not yet been exploited commercially anywhere in the world and has been exclusively authorized to exploit commercially the topography throughout such territory by the person entitled to dispose of it.