ACT No. XXX of 2014 AN ACT to amend the Patents and Designs Act, Cap. 417, and to make provision with respect to matters ancillary thereto or connected therewith.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

12th August, 2014

ACT No. XXX of 2014

AN ACT to amend the Patents and Designs Act, Cap. 417, and

to make provision with respect to matters ancillary thereto or

connected therewith.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Patents and Designs

(Amendment) Act, 2014, and this Act shall be read and construed as

one with the Patents and Designs Act, hereinafter referred to as "the

principal Act".

(2) The provisions of this Act shall come into force on such a

date as the Minister responsible for the protection of industrial

property may by notice in the Gazette establish, and different dates

may be so established for different provisions or different purposes of

this Act.

Article 2 of the principal Act shall be amended as follows

(a)

immediately after the definition "essential biological

process for the production of plants and animals" there shall be

added the following new definition

" "European Patent Convention" means the

Convention on the Grant of European Patents, done at

Munich on the 5th October 1973, as revised and amended

from time to time;";

(b) immediately after the new definition "European

Patent Convention" there shall be added the following new

definition

" "European Patent Office" or "EPO" means the

office of the European Patent Organisation established by

the Convention on the Grant of European Patent of the 5th

October 1973, as revised and amended from time to time;";

(c)

immediately after the definition "Minister" there

shall be added the following new definition

" "the Office" means the Office headed by the

Comptroller of Industrial Property;";

(d) immediately after the new definition "the Office"

there shall be added the following new definition

" "Paris Convention" means the Paris Convention

for the Protection of Industrial Property, done at Paris on

the 20th March 1883, as revised and amended from time to

time;";

(e)

immediately after the definition "patent" there shall

be added the following new definition

" "Patent Co-operation Treaty" means the Treaty

done at Washington on the 19th June 1970, as revised and

amended from time to time;"; and

(f)

immediately after the definition "the register" there

shall be added the following new definition

" "scheduled invention" means an invention of a

type listed in regulations as the Minister may from time to

time prescribe;".

Sub-article (2) of article 5 of the principal Act shall be Amendment of

article 5 of the

substituted by the following

principal Act.

"(2) The prior art means everything which was available

to the public in writing or in other graphic form by an oral

description, by use or in any other way anywhere in the world

before the filing date or, where priority is claimed, before the

priority date of the application

Provided that only the filing date shall be taken into

consideration for the purpose of determining prior art, when the

claim for priority had been withdrawn or refused or revoked.".

Sub-article (2) of article 10 of the principal Act shall be

substituted by the following

"(2) Where two or more applications have been filed by

different persons in respect of the same invention and the

inventors concerned made the invention independently of each

other, the right to a patent for that invention shall belong to the

applicant whose application has the earliest filing date or, where

priority is claimed, the earliest priority date

Provided that -

(a)

the first application has been published; and

(b) the priority date of an application shall be

ignored by the Comptroller when considering the

applications in question if

(i)

the claim for priority is withdrawn;

(ii) the claim for priority is refused or

revoked by the Comptroller or the Patents Tribunal

or the Court of Appeal, as the case may be.".

In paragraph (e) of sub-article (1) of article 13 of the

principal Act, for the words "of the invention." there shall be

substituted the words "of the invention;" and immediately thereafter

there shall be added the following new paragraph

"(f) the title of the invention, which shall clearly and

concisely state the technical designation of the invention,

provided that the requirements stated in paragraphs (a) to (f)

shall also apply to applications which are still pending at the

time when this paragraph comes into force.".

Article 23 of the principal Act shall be substituted by the

following

"23. (1) Where any application for a patent has been filed

and not withdrawn, the Office shall determine whether the

application complies with the requirements of these articles and

any regulations as may be prescribed.

(2)

If the Office finds that not all formal requirements

have been complied with, the Office shall request the applicant

to amend the application as may be prescribed so as to comply

with those requirements.

(3) If the applicant fails to make such amendments

within the specified time from the date of issue of the request by

the Office, the Comptroller shall refuse the application and

inform the applicant accordingly.

(4) After eighteen months from the filing date the

Office shall publish the application as prescribed

Provided that where priority is claimed, the Office

shall publish the application eighteen months from the priority

date unless the priority claim has in the meantime been

withdrawn or rejected

Provided further that the Office shall not publish the

application if the application is withdrawn or refused before the

expiration of seventeen months from the filing date

So however that, where before the expiration of the

said period of eighteen months, the applicant presents a written

request to the Office of the Comptroller demanding that his

application be published, the Office of the Comptroller shall

publish the application promptly after the receipt of the request.".

Immediately after article 23 of the principal Act, there Addition of new

article 23A to

shall be added the following new article

the principal

Act.

" Submission of

(1) The Comptroller shall have

search report

the power to request the applicant for a patent

and written

to submit a search report accompanied by a

opinion.

reasoned opinion issued by an international

search authority recognized by the World

Intellectual Property Organisation, as may be

determined by the Comptroller.

(2) All costs relating to the acquisition

of the search report and reasoned opinion shall

be borne by the applicant.".

8. Article 25 of the principal Act shall be deleted.

Deletion of

article 25 of the

principal Act.

9. Immediately after Part VII of the principal Act there shall Addition of new

Part VIIA and

be added the following new Part and articles

articles 25 to

25B in the

principal Act.

"PART VIIA

SCHEDULED INVENTIONS

The provisions of this Part shall

Applicability

of this Part to

apply to all scheduled inventions in respect of

all scheduled

inventions.

which patent protection is sought in Malta.

Notwithstanding the provisions of

This Part

supersedes the

Parts VI and VII in the case of a scheduled

provisions of

Parts VI and

invention the provisions of this Part shall

VII.

apply.

Patent protection in Malta for a

Patent

protection for

scheduled invention shall only be possible

scheduled

invention.

through a patent granted following an

application filed and processed under the

Patent Co-operation Treaty or under the

European Patent Convention.".

10. In sub-article (1) of article 28 of the principal Act, for the

words "under article 25" there shall be substituted the words "under

article 23".

11. Article 44 of the principal Act shall be substituted by the

following

" Revocation of

(1) Any person who wishes that a

a patent.

patent be revoked may, after publication of the

grant of the patent, file a notice for revocation

either with the Comptroller or before the

Patents Tribunal.

(2) A notice for revocation of a patent

filed with the Comptroller may only be made

(a)

where the patent concerns an

invention in respect of which, before the

filing date or, where priority is claimed,

before the priority date of the application

of said patent, there already exists a

published patent; or

(b) in respect of a patent where

there is a priority claim, on the grounds

that -

(i) the application for a

patent on the basis of which priority

was claimed was originally filed at

another Patent Office more than one

year before the filing date of the

application of the patent in respect

of which a notice for revocation has

been filed with the Comptroller; and

(ii) the application on the

basis of which priority was claimed

or the resulting patent were

published by the other Patent Office

referred to in sub-paragraph (i)

before the filing date of the

application of the patent in respect

of which a notice for revocation has

been filed with the Comptroller

Provided that both the grounds in

sub-paragraph (i) and sub-paragraph (ii) are

cited in the case of a notice for revocation filed

under paragraph (b).

(3) A notice for revocation on the above

grounds may not be filed with the Patents

Tribunal if it has already been filed before the

Comptroller and vice versa.

(4) A notice for revocation filed directly

before the Patents Tribunal may only be based

on the following grounds

(a)

that the subject matter of the

patent is not patentable within the terms

of articles 4 to 7;

(b) that the patent does not

disclose the invention in a manner

sufficiently clear and complete for it to be

carried out by a person skilled in the art

as stipulated in article 15;

(c) that the right to the patent

does not belong to the person to whom

the patent was granted within the terms of

articles 10 and 11;

(d) that the subject matter of the

patent extends beyond the content of the

application as filed or, if the patent was

granted on a divisional application,

beyond the content of the earlier

application as filed subject to any action

carried out under articles 20 and 41; and

(e) that the protection conferred

by the patent has been extended by an

amendment which should not have been

allowed.

(5) A notice of revocation shall include

(a)

detailed grounds on the basis

of which the revocation of the patent is

being sought;

(b) a request for the patent to be

revoked.

(6) A notice for revocation before the

Comptroller or the Tribunal shall be

accompanied by the prescribed fee where such

a fee has been prescribed and -

(a) in the case of a notice of

revocation filed on the basis of sub-

article (2)(a), it shall also be

accompanied by a certified copy of the

published patent referred to in that

paragraph;

(b) in the case of a notice of

revocation filed on the basis of sub-

articles (2)(b) and (4)(a) to (e), it is

accompanied by certified copies of

documentation substantiating the grounds

referred to in the said paragraphs.

(7) Non-compliance with any of the

above requirements shall render the notice for

revocation inadmissible.

(8) If the grounds for revocation affect

the patent only in part, any revocation

pronounced shall be in the form of a

corresponding limitation of the patent.

(9) A patent and the application on

which it is based shall, to the extent that the

patent has been revoked, be deemed to have

been invalidated and never to have had the

effects referred to in articles 27 and 28

Provided that this shall not affect

(a)

any decision on infringement

which has become final and has been

enforced prior to the decision of

revocation; or

(b) any contract concluded prior

to the decision of revocation, in so far as

it has been performed before that

decision, subject to the right on grounds

of equity of repayment to an extent

justified by the circumstances, of sums

paid under the relevant contract.".

12. Immediately after article 44 of the principal Act there shall Addition of new

articles 44A to

be added the following new articles

44D in the

principal Act.

" Procedure

(1) In the case of a notice of

following

revocation filed with the Comptroller, the latter

receipt of

shall as soon as possible on receipt of said

notice of

revocation.

notice and the prescribed fee, if such fee is

applicable, forward the notice to the owner of

the patent in question at the address of service

in Malta and shall inform him that within

ninety days from the date of service to him of

the notice of revocation he is to file a reply

indicating clearly whether he accepts that his

patent be revoked

Provided that, if it appears that the

owner of the patent upon whom such a notice

of revocation is to be served, is abroad, or that

access to his place of service in Malta cannot

be obtained, or that his place of service in

Malta is not known, the Comptroller may cause

without delay a summary of the notice of

revocation to be published as may be

prescribed. Service shall be deemed to have

been made on the third working day after the

date of publication. The Comptroller may also

adopt such other measures as he may deem fit

to serve the owner of the patent with the notice

of revocation.

(2)

The reply to the Comptroller shall

include

(a)

a clear indication of whether

or not the owner of the patent is in

agreement with the notice for revocation;

(b) if the owner of the patent is

not in agreement with the notice for

revocation, detailed grounds upon which

he

is

basing

his

disagreement

accompanied by certified copies of

documentation to which reference is

being made.

(3) Non-compliance with the deadline

given by the Comptroller or the above

requirements

shall

render

the

reply

inadmissible.

(4) The Comptroller shall initiate

proceedings before an arbiter to determine the

case brought before him after ninety days from

the date of service by him of the notice for

revocation to the owner of the patent

Provided that if the owner of the

patent informs the Comptroller in writing that

he accepts the notice for revocation, the

Comptroller shall revoke the application for

the patent

Provided

further

that

where

proceedings are initiated before an arbiter, the

arbiter shall give his decision within six months

from the date of initiation of the said

proceedings before him, and in the event that the

arbiter does not conclude the said proceedings

within the said time limit of six months the

applicant who shall have made the demand for

the revocation of the patent shall have a right to

demand that the proceedings be transferred to

the Patents Tribunal.

(5) On the arbiter reaching a decision

the Comptroller shall inform the party

requesting the revocation and the patent owner

accordingly.

(6) (a)

The Comptroller shall duly

record the arbiter’s decision and shall as soon

as possible publish notice of the said decision

as may be prescribed.

(b) Any party entering an appeal

from the decision of the arbiter shall within ten

days from the filing of the said appeal inform

the arbiter of that fact.

(c)

The notice referred to in

paragraph (a) shall be without prejudice to any

right of appeal from the decision of the arbiter.

Upon a final decision at appeal modifying or

revoking

the

arbiter’s

decision,

the

Comptroller shall duly record such decision

and publish it as may be prescribed.

(1) In the case of a notice for

Procedure to be

adopted by the

revocation filed directly before the Patents

Patents

Tribunal.

Tribunal, the Tribunal shall, as soon as possible

upon receiving a notice for revocation of a

patent, notify the owner of the patent who shall

within ninety days from the date of service file

his reply.

(2) The Patents Tribunal shall hear and

determine the case for revocation as far as

possible within nine months from the date of

the institution of the case.

(3) The Patents Tribunal shall regulate

its own procedure.

(1) Any person who wishes that a

Revocation of

a priority

priority claim be revoked may, after

claim.

publication of the grant of the patent, file a

notice for revocation with the Comptroller.

(2) A notice of revocation of a priority

claim may only be filed on the basis that the

application for a patent on whose account

priority was claimed, was originally filed more

than one year before the filing date of the

application of the patent in respect of which a

notice for revocation has been filed with the

Comptroller

Provided that a notice of revocation

of a priority claim may only be filed before the

Comptroller.

(3) A notice for revocation of a priority

claim shall include

(a)

detailed grounds on the basis

of which the revocation of the priority

claim is being sought, incorporating

references to relevant documentation;

and

(b) a request for the priority

claim to be refused.

(4) A notice for revocation of a priority

claim shall be accompanied by the prescribed

fee, where such a fee has been prescribed, and

certified copies of any documentation to which

reference has been made pursuant to sub-

article (3)(a).

(5) Non-compliance with any of the

above requirements shall render the notice for

revocation of a priority claim inadmissible.

(1) On receipt of a notice for

Duties of the

Comptroller

revocation of a priority claim the Comptroller

after receiving

notice.

shall, as soon as possible on receipt of the said

notice and, if applicable, the prescribed fee,

forward the notice to the proprietor of the

patent in question at his address of service in

Malta and shall inform him that within ninety

days from the date of service to him of the

notice for revocation of a priority claim he may

file a reply indicating clearly whether or not he

accepts that the priority claim in question be

revoked

Provided that if it appears that the

proprietor of the patent upon whom such a

notice for revocation of a priority claim is to be

served is abroad, or that access to his place of

service in Malta cannot be obtained, or his

place of service in Malta is not known, the

Comptroller may cause without any delay a

summary of the notice for revocation of a

priority claim to be published as may be

prescribed. In such cases, service shall be

deemed to have been made on the third

working

day

after

publication.

The

Comptroller may also adopt such other

measures as he may deem fit to serve the

proprietor of the patent with the notice for

revocation of a priority claim.

(2)

The reply to the Comptroller shall

include

(a)

a clear indication of whether

or not the owner of the patent is in

agreement with the notice for revocation;

(b) if the proprietor is not in

agreement with the notice for revocation,

detailed grounds upon which he is basing

his disagreement accompanied by

certified copies of documentation to

which reference is being made.

(3) Non-compliance with the deadline

given by the Comptroller, or with the above

requirements, shall render the reply

inadmissible.

(4) The Comptroller shall initiate

proceedings before an arbiter to determine the

case brought before him after ninety days from

the date of service by him of the notice for

revocation of a priority claim to the owner of

the patent

Provided that if the proprietor

informs the Comptroller in writing that he

accepts the notice of revocation, the

Comptroller shall refuse the priority claim

Provided

further

that

where

proceedings are initiated before an arbiter, the

arbiter shall give his decision within six months

from the date of initiation of the said

proceedings before him, and in the event that the

arbiter does not conclude the said proceedings

within the said time limit of six months the

applicant who shall have made the demand for

the revocation of the claim for priority shall

have a right to demand that the proceedings be

transferred to the Patents Tribunal.

(5) On reaching a decision the

Comptroller shall inform the person who

submitted the notice of revocation, and the

owner of the patent accordingly.

(6) (a)

The Comptroller shall duly

record the arbiter’s decision and shall as soon

as possible publish notice of the said decision

as may be prescribed.

(b) Any party entering an appeal

from the decision of the arbiter shall within ten

days from the filing of the said appeal inform

the Comptroller of that fact.

(c)

The notice referred to in sub-

paragraph (a) shall be without prejudice to any

right of appeal from the decision of the arbiter.

Upon a final decision at appeal modifying or

revoking

the

arbiter’s

decision,

the

Comptroller shall duly record such decision

and publish it as may be prescribed.".

13. Article 45 of the principal Act shall be substituted by the

following

"45. (1) An action to revoke a patent may be taken even

if the patent has lapsed.

(2) When a decision to revoke a patent, in whole or in

part, becomes final before the Patents Tribunal, the Tribunal

shall notify the office of the Comptroller which shall as soon as

possible record the decision in the patent register and publish

such decision as may be prescribed.

(3) When a decision to revoke a patent, in whole or in

part, is taken by the arbiter, the Comptroller shall as soon as

possible record the decision in the patent register and publish

such decision as may be prescribed.".

14. Article 47 of the principal Act shall be amended as

follows

(a) sub-article (2) thereof shall be substituted by the

following

"(2) The application to sue for damages

under sub-article (1) may be made before the

Patents Tribunal without prejudice to the right

of such person to apply for the issue of any

precautionary warrant as provided in the Code

of the Organization and Civil Procedure to

protect his rights."; and

(b) in sub-article (3) thereof, for the words "The court"

there shall be substituted the words "The Patents Tribunal".

15. Article 48 of the principal Act shall be substituted by the

following

"48. (1) Infringement proceedings shall be brought

before the Patents Tribunal and may not be instituted after five

years from the date when the injured party has obtained

knowledge of the infringement and of the identity of the alleged

infringer.

(2) Where the subject-matter of the patent or the patent

application is a process for obtaining a new product, the same

product when produced by any other party shall, in the absence

of proof to the contrary, be deemed to have been obtained by the

patented process or the process contained in the patent

application. In the assessment of any proof to the contrary by

the defendant, the legitimate interests of the defendant in

protecting his manufacturing and business secrets shall be taken

into account by the Patents Tribunal.

(3) The Patents Tribunal shall stay any proceedings for

infringement in respect of -

(a) a patent application filed with the

Comptroller until after a final decision has been made by

the Comptroller to grant or refuse a patent on the

application;

(b) a patent application filed at the EPO until

after a final decision has been made by the EPO to grant or

refuse a patent on the application.

(4) The defendant in any proceedings referred to in this article

may, in the same proceedings, request the revocation of the patent on

any of the grounds referred to in article 44. In any such case, the

Comptroller shall be made a party to the proceedings.".

16. Article 49 of the principal Act shall be amended as Amendment of

article 49 of the

follows

principal Act.

(a)

in sub-article (1) thereof, for the words "the Civil

Court, First Hall," there shall be substituted the words "the

Patents Tribunal";

(b) in sub-article (2) thereof, for the words "the Court"

there shall be substituted the words "the Tribunal"; and

(c)

sub-article (5) thereof shall be substituted by the

following

"(5) Save where revocation is requested under

article 48(4), proceedings for a declaration of non-

infringement may be instituted together with proceedings

to revoke the patent.".

17. Article 58 of the principal Act shall be substituted by the

following

" Right of

(1) An appeal, which shall have

appeal.

suspensive effect, may be made from a

decision of the Comptroller or the arbiter, as

applicable, where the decision consists of

(a)

a refusal of a patent, in which

case the appeal may be made only by the

applicant;

(b) a refusal of a notice for

revocation of a patent, in which case the

appeal may be made only by the person

filing the notice;

(c)

an acceptance of a notice for

revocation of a patent, in which case the

appeal may be made only by the

proprietor of the patent;

(d) a refusal of a notice of

revocation of a priority claim, in which

case the appeal may be made only by the

person filing the notice;

(e)

an acceptance of a notice of

revocation of a priority claim, in which

case the appeal may be made only by the

proprietor of the patent;

(f)

a refusal of an application for

the re-establishment of rights, in which

case the appeal may be made only by the

proprietor of the patent;

(g) a refusal of any other request

of the patent applicant or patent

proprietor, in which case the appeal may

be made only by the patent applicant or

patent proprietor respectively.

(2) The appeal referred to in sub-article

(1) may only be made in the Court of Appeal

within thirty days of the date of service of the

decision of the Comptroller.

(3) In the case of revocation

proceedings initiated directly with the Patents

Tribunal in accordance with article 44, any

party to the proceedings that feels aggrieved by

the decision of the Patents Tribunal may appeal

to the Court of Appeal on points of law only by

means of an application filed in the registry of

that court within thirty days from the date of

the decision of the Patents Tribunal.

(4) The Court of Appeal shall be

constituted in accordance with article 41(6) of

the Code of Organization and Civil Procedure.

(5) The Rule-Making Board established

under article 29 of the Code of Organization

and Civil Procedure may make rules governing

appeals to the Court of Appeal under this Act.

(6) The Court of Appeal may, in regard

to costs, make an order in accordance with the

provisions of article 223 of the Code of

Organization and Civil Procedure.".

18. Immediately after Part XVII of the principal Act there Addition of new

Part XVIIA and

shall be added the following new Part and articles

articles 58A to

58C to the

principal Act.

"PART XVIIA

THE PATENTS TRIBUNAL

(1) There shall be a Tribunal to

The Patents

Tribunal.

be known as the Patents Tribunal, which shall

have jurisdiction to hear and determine claims

concerning claims for the revocation of a

patent, civil claims for infringement,

applications for declarations of non-

infringement and precautionary actions related

to the above, provided that claims for damages

arising from any infringement shall continue to

be determined by the Civil Court, First Hall.

(2) The Patents Tribunal shall be

appointed by the Prime Minister and shall

consist of a chairman, who shall be a Judge or

a Magistrate, and two other members.

(3) Decisions of the Patents Tribunal

shall be delivered by the chairman and shall be

taken by simple majority so however that it shall

be necessary that the chairman shall be part of

that majority.

(4) The chairman and members of the

Patents Tribunal shall be appointed for a term

of three years and shall be eligible for re-

appointment.

(5) The Patents Tribunal shall be

independent and shall not act under the

direction or control of any other person in the

performance of its functions.

(6) The Patents Tribunal shall for the

purposes of conducting its proceedings have

the same powers as are granted to the Civil

Court, First Hall, by or under the Code of

Organization and Civil Procedure. In

determining any application filed before it, the

Patents Tribunal shall give an opportunity to

all parties concerned to put forward their

evidence and submissions and it may also

order the production of any additional expert

evidence and secure expert opinion as it may

consider necessary. In its decision, the Patents

Tribunal shall also decide upon responsibility

for the payment of any costs incurred in the

proceedings, including the cost of expert

evidence or searches or opinions.

(7) The chairman and members of the

Patents Tribunal may be challenged or abstain

for any of the reasons for which a judge may be

challenged or may abstain in accordance with

the Code of Organization and Civil Procedure.

In such case, the Prime Minister shall appoint a

person having the same qualifications as those

of the chairman or member challenged or

abstaining, to sit in substitution.

(8) A member of the House of

Representatives, or of the European

Parliament, or of a local council, shall be

disqualified from being appointed or

continuing to be a member of the Patents

Tribunal for as long as such member holds that

office.

(9) The chairman or member of the

Patents Tribunal may only be removed from

office by the Prime Minister on grounds of

gross negligence, conflict of interest,

incompetence,

or

acts

or

omissions

unbecoming of a member of the Patents

Tribunal. In doing so, the Prime Minister shall

lay before the House of Representatives a

statement giving the reasons for the removal of

the said chairman or member.

(10) The chairman or a member of the

Patents Tribunal shall, for a period of one year

following the termination, for whatever reason,

of his appointment, not engage in any activity

which, because of conflict of interest, would

have been incompatible with the exercise of his

functions. Any person who acts in breach of

the provisions of this sub-article shall be guilty

of an offence against this Act and shall, on

conviction, be liable to a fine (multa) of not

more than two thousand and five hundred euro

(€2,500) and shall be barred from being

appointed to any similar posts for a period of

not less than ten years.

(11) The Prime Minister shall designate a

person to serve as secretary to the Patents

Tribunal, who shall serve in such capacity in

accordance with the ethical standards

appropriate to his position.

(12) The Prime Minister shall appoint an

advocate or a legal procurator to assist the

Patents Tribunal.

(13) The registry of the Civil Court, First

Hall, shall be the registry of the Patents

Tribunal.

(14) The Minister responsible for justice

may, by regulations under this article, establish

the fees payable in the registry of the court in

relation to the filing of judicial acts in

connection with proceedings under this article

and article 23A

Provided that until such fees are so

established, the fees in Schedule A of the Code

of Organization and Civil Procedure shall

apply.

(15) The Board established under article

29 of the Code of Organization and Civil

Procedure may make Rules of Court governing

proceedings before the Patents Tribunal.

(1) For the purposes of this Act,

The arbiter.

the Minister may appoint one or more persons

to serve as arbiters in cases that may be

referred to them from time to time, sohowever

that

(a)

in all cases the person so

appointed shall have held a warrant to

practise the profession of advocate in

Malta for at least seven years; and

(b) the appointment shall be for a

period of three years and may be

renewed.

(2) The arbiter shall, before entering

upon his duties, take an oath of office before

the Attorney General in the form approved by

the Minister.

(3) (a)

The arbiter shall have the

power to take expert advice when necessary, at

his discretion, and to summon any person to

appear before him to give evidence on oath

and, or to produce documents; and for these

purposes he shall have the powers which are

conferred by law on the First Hall of the Civil

Court.

(b) Every summons shall be

signed by the arbiter and shall be served either

personally or by registered post, and in the

latter case, in proving service, it shall be

sufficient to prove that the summons was

properly addressed and posted.

(4) The

Comptroller

or

his

representative shall be entitled to appear and be

heard in any proceedings before the arbiter.

(5) The arbiter shall abstain from taking

cognizance of a case or may be challenged in

any of the circumstances in which a judge

would abstain or can be challenged in

accordance with the provisions of article 734

of the Code of Organization and Civil

Procedure and in every such case the

provisions of Sub-Title II of Title II of Book

Third of that Code shall apply so far as

applicable.

(6) The arbiter shall have jurisdiction to

hear and determine claims made in terms of

article 44(2).

The Comptroller, the arbiter and the

Liability.

chairman and members of the Patents Tribunal

shall not be held liable for any act or omission

done in good faith in the course of the exercise

of their functions under this Act.".

Passed by the House of Representatives at Sitting No. 181 of the

18th July, 2014.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives