Insights

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Blockchain and Crypto: Looking beyond the hype

The dialogue on the subject of blockchain has evolved since bitcoin achieved mainstream notoriety a few years ago.  At the time, markets were told that bitcoin was not blockchain and that the two terms were not to be confused with one another.  The prevailing impression was that there was something...

Should robots be granted citizenship?

As robotics and artificial intelligence (AI) become more prevalent in the world economy and modern society, timely legislative efforts could help smoothen the proliferation of this technology and prevent undesired consequences.  From relatively humble beginnings limited to mere remote-controlled automation, AI has developed immensely over the past decades and the...

Muscat Mizzi Advocates to attend Blockchain Live 2018 in London

Muscat Mizzi Advocates will be attending the Blockchain Live! Conference on the 26th September 2018 at the Olympia, London. The conference represents an important gathering for participants of the blockchain industry and provides a good insight on the latest trends in the blockchain space.  We will be meeting a number...

Blockchain and the future of IP

Ten years from its genesis, blockchain is being touted as the greatest technological innovation since the emergence of the worldwide web back in 1991. 2017 was truly the year that blockchain made it to the mainstream, thanks to the meteoric price-hike of cryptocurrencies, particularly Bitcoin and Ethereum, which are built...

Summary of the 3 main acts related to blockchain technology

Malta has established itself as the ‘first mover’ in the regulation of businesses utilizing distributed ledger technology (DLT), upon which blockchain is based.  Recognizing the potential behind blockchain, Maltese lawmakers sought to develop a regulatory environment that addresses the risks arising from sinister uses of the technology while, at the...

CJEU announces anonymisation of cases involving natural persons

In a recent press release and following the entry into force of the General Data Protection Regulation (GDPR), the Court of Justice of the European Union (CJEU) has announced that as from the 1st of July 2018, all publications concerning preliminary rulings will be completely devoid of any personal data,...

A Comprehensive Analysis of the CJEU's Louboutin Ruling

French footwear designer, Christian Louboutin, initiated trade mark infringement proceedings against Dutch footwear retailer, Van Haren, after the latter’s decision to emulate the former’s signature red-soled high-heeled shoes, in a long-running legal battle which eventually ended up before the Grand Chamber of the Court of Justice of the European Union...

An appraisal of the MFSA’s proposed ‘Financial Instrument Test’

Pursuant to the ‘Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers’, the MFSA has released a consultation document in respect of the ‘financial instrument test’ (the “Test”). The purpose of the Test is to determine the applicable regulatory framework for initial coin offerings, as well as...

Are employers restricted when applying penalties on employees for termination?

When seeking employment, employees are normally presented with a contract that includes terms and conditions governing the termination of their employment relationship. In Malta, employment law is regulated by the Employment and Industrial Relations Act (the “Act”), which distinguishes between indefinite and definite contracts.  While definite contracts establish a specific...

Everything you need to know about the GDPR

The entry into force of the EU’s new legal framework is expected to transform the data protection landscape across the EU and beyond. This comes at a critical time for consumers, as recent revelations into the Cambridge Analytica debacle have unveiled the vast potential for abuse connected to vast mines...

Extending Trademark Protection Overseas

One of the by-products of an increasingly-globalised world is the rapid increase in cross-border trade. A phenomenon which was hitherto limited to a handful of multinationals, has become standard practice today for a multitude of businesses, including SMEs.  One consideration which could be significantly more taxing on smaller businesses when...

European Commission launches GDPR portal

The General Data Protection Regulation (the "GDPR") will enter into force on the 25th of May of this year, effectively replacing the Data Protection Directive (the "DPD"), which has been in force since 1995. In the past 23 years, the occurrence of significant technological advances, particularly in the online sphere,...

Guidelines issued on procurement of consent under GDPR

As businesses set out to implement operational changes to phase into the new regulatory environment brought about by the GDPR, many are those who are still struggling to understand the parameters in which data controllers are expected to obtain consent from data subjects as a basis for lawful processing.  The...

The Right to be Forgotten - Part Two

In May 2014, the Court of Justice of the European Union (CJEU) ruled that search engines, such as Google, assumed the function of a controller and set out the right of data subjects to request the erasure of personal data that is ‘inadequate, irrelevant or no longer relevant’.  Search Engine...

Muscat Mizzi Advocates to attend Web Summit 2017 in Lisbon

Muscat Mizzi Advocates will be attending the Web Summit 2017 between the 6th – 9th November 2017 at the Altice Arena, Lisbon. The summit is the world’s largest gathering for online businesses and aspiring startups. It provides a unique insight on the latest technological trends and adaptations, with artificial intelligence,...

2018 Budget Highlights

Malta has experienced continued economic growth, going from strength to strength; with real GDP rising from 5.5% in 2016 to 6.3% in June 2017. Additionally, employment figures remain positive, with a 3.1% increase in female participation in the workforce, unemployment reduced to a record low of just 4.1%, and the...

Use and sale of TV multimedia boxes held to be illegal

In a recent ruling, Stichtung Brein v Jack Frederik Wullems (known as Filmspeler), the Courts of Justice of the European Union (CJEU) held that the temporary reproduction of copyright-protected content on TV multimedia boxes, is considered as an infringement of the right-holders’ rights, particularly the right of communication to the...

The right to be forgotten – Part One

Negative search engine results can have undesired consequences such as loss of business or employment opportunities. This can be disproportionately unfair if the information is false, misleading or outdated. This principle was confirmed in an important ruling on the subject delivered by the Court of Justice of the European Union...

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