What can I do if my Malta trademark application is opposed by another company?
- 01.08.2026
I’m working with several freelance developers and designers based in Malta to build various creative and technical assets for my business, logos, software code, written content. I want to make sure I actually own the resulting intellectual property once the work is delivered and paid for, rather than assuming this automatically happens.
This is an important issue to address proactively, since under Maltese copyright and IP principles, the default position, unlike for employees creating work within their employment, is generally that an independent freelancer or contractor retains ownership of the intellectual property they create, even after you've paid for the work, unless your agreement with them specifically and clearly assigns those IP rights to you, meaning simply paying an invoice for delivered work does not automatically transfer full ownership of the underlying copyright or other IP rights in what was created. To properly secure ownership, each engagement with a freelance developer or designer should include a written agreement that clearly and specifically assigns all relevant intellectual property rights in the work product to you upon completion and payment, rather than relying on informal understandings or assuming standard commissioning automatically achieves this, since the specific legal wording needed to properly effect an IP assignment matters considerably and generic contract language doesn't always achieve the transfer you might assume it does. Given that you're working with multiple freelancers across different types of creative and technical work, it would be worth having a lawyer prepare a proper standard IP assignment clause, or full freelance agreement template, that you can consistently use across these engagements, rather than risking gaps in ownership that could create serious complications for your business later.
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