Cap. 414 Art. 2Interpretation.

(1) In this Act, unless the context otherwise requires -

"goods infringing an intellectual property right" means:

(a) counterfeit goods, namely:

(i) goods, including the packaging thereof, bearing without authorisation a trademark which is identical to the trademark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such trademark, and which thereby infringes the rights of the holder of the trademark in question under Maltese law;

(ii) any trademark symbol (logo, label, sticker, brochure, instructions for use or guarantee document) whether presented separately or not, in the same circumstances as the goods referred to in sub-paragraph (i);

(iii) packaging materials bearing the trademarks of counterfeit goods, presented separately in the same circumstances as the goods referred to in sub-paragraph (i);

(b) pirated goods, namely: goods which are or embody copies made without the consent of the holder of the copyright or neighbouring rights, or of the holder of a design right, whether registered under national legislation or not, or of a person duly authorised by the holder in the country of production, where the making of those copies, if it had taken place in Malta, would have infringed the right in question under Maltese law;

(c) goods infringing a patent under Maltese law; "declarant" means the importer, the consignee, the exporter or the owner of the goods or any other person involved in the operations mentioned in article 4; "holder of a right" means the holder of a trademark, a patent or an intellectual property right or any other person authorised to use that trademark, patent or right, or a representative thereof. The holder of a right or any other person authorised to use the right may "intellectual property right" means any right referred to in the definition of goods infringing an intellectual property right.

(2) Materials and implements the predominant use of which has been for the manufacture of a counterfeit trademark or of goods bearing such a trademark, for the manufacture of goods infringing a patent or for the manufacture of pirated goods shall be treated as goods infringing an intellectual property right, provided that the use of such materials and implements infringes the rights of the holder of the right in question under Maltese law.