<img src="https://publish-01.obsidian.md/access/744ac39d33cabbc297b91373bfcac24d/bin/images/Malta_map.png" alt="Malta" class="page-header-sidebar-image"> Malta has provisions in its legislation relating to the granting of compulsory licences. These can be found in Art. 39 of the Patents and Designs Act (Cap. 417 of the Laws of Malta). There are five situations on which to base a compulsory licence.  (a) a sworn application filed by any person who proves his ability to work the patented invention in Malta, after the expiration of a period of four years from the date of filing the application for the patent or three years from the grant of the patent, whichever is later; (b) a sworn application filed by the owner of a patent (the second patent) which cannot be exploited without infringing an earlier patent (the first patent); (c) [when the relevant form of plant variety protection comes into force] an application filed by a breeder who cannot acquire plant variety protection or exploit a plant variety without infringing a prior patent, for a compulsory licence for non-exclusive use of the invention protected by the patent; (d) [when the relevant form of plant variety protection comes into force] an application filed by the holder of a patent concerning a biotechnological invention who cannot exploit it without infringing a prior plant variety right, for a compulsory licence for non-exclusive use of the plant variety protected by that right; and (e) an authorisation by the Minister responsible for the protection of industrial property (“the Minister”) where the national security or public safety so requires, even without the agreement of the proprietor of the patent or the patent application, in favour of a government agency or a person designated in the said notice to use an invention to which a patent or an application for a patent relates. More information can be found [here](https://e-courses.epo.org/wbts_int/CompulsoryLicensing/CL_MT.pdf).