The Commerce Department was set up towards the end of 2000, on the recommendation of the Operations Review carried out in the Ministry for Economic Services.

In 1969 Malta ratified the Universal Copyright Convention and in 1977 joined the World Intellectual Property Organisation. In 1994 Malta became a founder member of the World Trade Organisation and was thus bound by the Agreement on Trade Related Aspects of Intellectual Property Rights as from 2000. That very same year the century old laws governing copyright, patents and trademarks were repealed and replaced by new legislation. In 2002 new legislation concerning design was also introduced.