With an ever-growing client base in the IP and TMT sectors, GANADO has consolidated this legal practice which, over the years, has developed throughout the firm. Having a core team focusing on the developments in the IP, ITC, Media, Telecoms and Entertainment, including Gaming, industries, GANADO has taken the incentive to service these industries in the most pro-active manner possible.

Over the years, GANADO has nurtured the core knowledge and expertise which goes into providing legal services to these dynamic markets. We have been assisting our clients in these sectors with all their legal requirements, from company incorporations to tax advice, intellectual property protection to litigation and alternative dispute resolution, regulatory advice to contract drafting and negotiation, employment to real estate acquisition and rental, banking to securitizations, amongst others.

The core IP & TMT team will provide greater depth and focus to the development of these areas of law and, as has been the case in other sectors in which GANADO has taken an active role, will through a number of initiatives, seek to ensure that these sectors continue to develop into attractive niches for Malta and stakeholders alike.

GANADO’S IP&TMT grouping combines the knowledge accumulated by lawyers across a range of practice areas into a single integrated unit, enabling us to produce innovative yet practical solutions in this fast developing sector.

Clients serviced by this Industry Grouping range from blue chip information technology companies requiring specialist Information technology or electronic commerce related legal advice to private equity investors and lenders requiring transactional assistance in relation to an IT or telecoms target or borrower, as well as players in the filming, audiovisual, media and entertainment, including remote gaming, industries..

GANADO has also been at the centre of the development of the telecommunications sector, assisting and advising the Maltese regulator, the Malta Communications Authority, on various legal aspects, mainly in litigation related matters. Included within this practice area is our firm’s data protection practice which advises the firm’s diverse client base on their ongoing data protection related obligations including registration, drafting of data protection statements and policies, the entry into transborder data flow arrangements and related issues.

Our IP & TMT Industry Grouping includes lawyers with extensive experience in the fields of intellectual property, ITC, electronic commerce, data protection and retention, competition, and telecommunications regulation as well as lawyers from other complimentary practice areas such as corporate, capital markets, taxation, employment, banking and litigation.

Moreover, aware of the administrative and operational requirements that clients that decide to set up shop in Malta have, we have built a network of highly competent and experienced professionals that will be able to assist in those areas that fall beyond our legal competencies, thus ensuring that our clients are in a position to avail themselves of the highest levels of services provided on the island and beyond.

Brand Protection

Well aware of the value attributed to a brand, GANADO Advocates is able to guide you through the procedure for the registration of a local or Community Trade Mark, as well as the more extensive protection under the Madrid Protocol. We also assist through the drafting of Non-Disclosure and Confidentiality Agreements which prove useful in the stage where a brand or idea is still being developed and interaction with third parties is necessary.

Where a Trade Mark or Trade Secret is infringed, whether in Malta, or beyond, we are in a position to take immediate enforcement action to ensure that the malpractice is put to an immediate stop and your brand or secret is not exploited abusively.

GANADO Advocates is also able to advise you on the legal vehicles to exploit and expand your brand. Be it the development of a franchise, the obtainment of financing, the licensing of use of a name or logo, we will be in a position to see the process through satisfactorily.

(See also Trademark Registration)

Contract Drafting and Negotiation

Be it a contract for web hosting or co-location services, outsourcing, back office services, white label agreements, platform agreements, assignment or licensing of IP rights, franchise agreements end user terms and conditions, amongst others, GANADO Advocates is in a position to draft these agreements, advise you on your rights and obligations or assist you in negotiating your way through to a satisfactory final agreement.

(See also General Commercial & Contract Law)

Copyright, Neighbouring Rights, Patents, Design Rights and Image Rights

GANADO Advocates is well placed to assist you in the protection and exploitation of your valuable Intellectual Property Rights, whether these are currently registrable, such as Patents, or otherwise such as in the case of Copyright and Neighbouring Rights. Our involvement with ensuring that your valuable IP rights are safeguarded from abuse ranges from the drafting and negotiation of contracts, to representing you in judicial proceedings aimed at safeguarding your rights from abuse and recovering damages sustained as a result of a third party’s unlawful exploitation of your rights. We have assisted a number of clients in relation to passing off and defamation proceedings and have vast experience in advising clients on published content. We are also well placed to advise you on and assist you with your patent registration process and advise you on your collection rights.

Regulatory and Competition Law Advice

GANADO Advocates has been engaged by various public authorities and entities on numerous projects and has been in the forefront of legal developments in Malta by drafting legislation and policy for the Government. Through its vast exposure and knowledge of the legal, licensing and regulatory frameworks and regimes, GANADO Advocates is able to advise you on the legal and regulatory requirements to commence your operations in or from Malta, including anti-money laundering and data protection and transfer requirements. Through our network of highly skilled business advisors and professionals with whom we have enduring working relations, we are able to ensure that those of your needs that fall outside the realm of services that we provide you with, will be taken care of effectively.

We also have vast experience assisting clients in relation to their rights and obligations deriving from the laws of anti-trust, mergers and acquisitions, including State Aid practices and have represented a number of private and public entities in investigation procedures.

(See also Telecommunications Regulation)

Tax Advice

It is no secret that Malta’s favourable tax incentives are one of the main elements that has rendered Malta attractive to foreign investors. GANADO Advocates is well known for the meticulous tax advice that it provides to its clients, making it possible for them to maximise on their investment. We are also in a position to advise you about other fiscal incentives offered by the Government of Malta from time to time with the scope of further incentiving the development of the ICT and gaming industries.

(See also Taxation)

Employment

GANADO Advocates has vast experience in advising clients on the rights and obligations of employees, drafting employment agreements, assisting with disciplinary proceedings, advising on immigration laws and representing clients in judicial and administrative proceedings relating to employment matters.

(see also Employment & Industrial Relationships)

Company Incorporation, Corporate Governance and Dissolution

GANADO Advocates constantly assists clients through all the stages of life of companies starting with their incorporation, through to assistance in their statutory corporate obligations, up to their dissolution and winding up. Our network of other highly skilled professionals enables us to ensure that clients are serviced in those requirements that fall outside the ambit of legal services provided by us.

(see also Corporate, Corporate Finance, Corporate Governance, Corporate Recovery & Insolvency and Corporate Services)