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Intellectual Property Protection in Maldives

The Maldives, a global tourism hub with a thriving fisheries sector, is diversifying its economy through trade and construction. Protecting intellectual property (IP) is essential to safeguard brand identity for luxury resorts and local products, combat counterfeiting, and attract

investment in a market with a nascent IP system. Our firm provides expert IP services to protect your trademarks and inventions in the Maldives.


Trademarks


Trademark protection in the Maldives is not governed by specific trademark legislation but relies on common law principles and cautionary notices, administered by the Intellectual Property

Unit under the Ministry of Economic Development. The Maldives is not a member of the Paris Convention, TRIPS Agreement, or Madrid Protocol, requiring local protection through publication.


Trademark Registration Process

Securing a trademark in the Maldives involves a non-statutory process based on establishing common law rights. The key steps include:


1. Filing the Application: For local residents or companies, submit a trademark application to the Intellectual Property Unit, linked to a registered business name. Foreign applicants can proceed directly to the publication of the notice in the local newspapers.

2. Publication: Publish a cautionary notice in a local newspaper in English and Dhivehi, detailing the mark and goods/services (based on the Nice Classification). No formal examination occurs.

3. Opposition Period: There is no fixed opposition period, but prior users can contest the notice through common law actions (e.g., passing off) in court.

4. Establishing Rights: The published notice establishes common law rights. Re- publication every 3-5 years is recommended to maintain the rights in the mark.


The process typically takes 2-3 weeks for publication, with ongoing re-publication to maintain rights.


Patents


Patent protection in the Maldives is not currently governed by specific legislation, and no formal patent registration system exists. The Intellectual Property Unit under the Ministry of Economic Development handles IP matters, but patents are protected indirectly through common law or contractual agreements. The Maldives is not a member of the PCT, Paris Convention, or TRIPS Agreement.


● Patentable Subject Matter: Without statutory guidelines, inventions are protected via confidentiality agreements or trade secrets, provided they are novel, inventive, and applicable.

● Patent Types: No formal patent types (e.g., utility patents, utility models) are recognized. Industrial designs may be protected as unregistered designs under common law.

● Duration: No statutory duration exists; protection lasts as long as confidentiality is maintained or agreements are enforced.

● Examination Process: No examination process exists due to the lack of a patent registry.

● International Considerations: Foreign applicants cannot file patents locally and must rely on contractual protections or pursue registration in other jurisdictions with enforcement in the Maldives via courts.


Contact Us


Ready to protect your IP in the Maldives? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this dynamic market.

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