Malawi
Registered Designs Act
Chapter 49:05
- Commenced on 1 December 1958
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Preliminary
1. Short title
This Act may be cited as the Registered Designs Act.2. Interpretation
Part I – Administration
3. Establishment of Designs Office
There shall be established under the direction of the Minister an office to be called the Designs Office.4. Appointment of officers
There shall be appointed—5. Seal
The seal of the Patent Office kept in terms of the Patents Act shall also be the seal of the Designs Office, and impressions thereof made for the purposes of this Act shall be judicially noticed.[Cap. 49:02]6. Register of designs
Part II – Registrable designs and proceedings for registration
7. Designs registrable under Act
7A. Designs registered under the Protocol
8. Proprietorship of designs
9. Proceedings for registration
10. Registration of same design in respect of other articles, etc.
11. Provisions for secrecy of certain designs
12. Provisions as to confidential disclosure, etc.
13. Convention arrangements
Part III – Effect of registration, etc.
14. Right given by registration
15. Period of copyright
16. Exemption of innocent infringer from liability for damages
17. Compulsory licence in respect of registered design
Part IV – Use of registered designs for services of Government, etc.
18. Use of registered designs for services of the Government
19. Right of third parties in respect of Government use
20. Special provisions as to Government use during emergency
21. Reference of disputes as to Government use
Part V – Assignments, corrections and cancellation
22. Registration of assignments, etc.
23. Power of Registrar to authorize corrections
24. Rectification of register
25. Cancellation of registration
Part VI – Functions of Registrar in relation to certain evidence, documents and powers
26. Evidence of certain entries and documents
27. Inspection of registered designs
28. Information as to existence of copyright
On the request of any person furnishing such information as may enable the Registrar to identify the design, and on payment of the prescribed fee the Registrar shall inform him whether the design is registered, and, if so, in respect of what articles, and whether any extension of the period of copyright in relation to that design has been granted and shall state the date of registration and the name and address of the registered proprietor.29. Certificate of registration
The Registrar shall grant a certificate of registration in the prescribed form to the registered proprietor of a design when the design is registered.30. Copies of certificates of registration
The Registrar may, in a case where he is satisfied that the certificate of registration referred to in section 29 has been lost or destroyed, or in any other case in which he thinks it expedient, furnish one or more copies of the certificate.31. Exercise of discretionary powers of Registrar
Without prejudice to any provisions of this Act requiring the Registrar to hear any party to proceedings thereunder, or to give to any such party an opportunity to be heard, the Registrar shall give to any applicant for registration of a design an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Registrar by or under this Act.32. Proceedings before Registrar
33. Power of Registrar to award costs
In all proceedings before the Registrar under this Act, the Registrar shall have power to award to any party such costs as he may consider reasonable and to direct how and by what parties they are to be paid. Any costs awarded by the Registrar shall be taxed by the registrar of the Tribunal and payment thereof may be enforced in the same manner as if they were costs allowed by the Tribunal.34. Power of Registrar to fix time and place of sitting, etc.
The Registrar may in any proceeding held before him decide the hours, times and places at which he will sit and he may adjourn any proceedings for such time and to such place as he may think fit.Part VII – Appeals and legal proceedings
35. Patents Tribunal to hear appeals
36. Right of audience
In any proceedings before the Tribunal under this Act, the parties to such proceedings may appear in person, or be represented and appear by a legal practitioner, and in any case where the Tribunal deems fit it may grant to the Registrar leave to intervene and he may thereafter appear or be so represented.37. Assessors
The Tribunal may appoint any person with special expert knowledge to act as an assessor in an advisory capacity in any case where it appears to such Tribunal that such knowledge is required for the proper determination of the case.38. Rules
The Minister may make rules for regulating generally the practice and procedure of the Tribunal and with respect to appeals or references to such Tribunal as to the time within which any requirement of the rules is to be complied with, as to the costs and expenses of and incidental to any proceedings in such Tribunal, as to the fees to be charged in respect of proceedings therein, as to the fees to be paid to assessors, and in particular may make rules providing for the summary determination of any appeal which appears to the Tribunal to be frivolous or vexatious or to be brought for the purpose of delay.39. Time for appeals
Appeals under this Part, whether from decisions of the Registrar or orders or decisions of the Tribunal, shall be brought within three months after the date of the decision or order in question, or within such further time as the Tribunal or Court may allow upon application by the appellant concerned.40. References to Tribunal by Registrar
When any matter to be decided by the Registrar under this Act appears to him to involve a point of law or to be of unusual importance or complexity, he may, after giving notice to the parties, refer such matter to the Tribunal for a decision and shall thereafter, in relation to such matter, act in accordance with the decision of the Tribunal or any decision substituted therefor on appeal to any court.41. Certification of validity
In any legal proceeding in which the validity of the registration of a design is contested and is decided in favour of the registered proprietor of the design, the Tribunal or Court may certify to that effect and, if it so certifies, then, in any subsequent legal proceeding in which the validity of the registration comes into question, the registered proprietor of the design, on obtaining a final order or judgment in his favour, shall have his full costs, charges and expenses as between solicitor and client, unless in that subsequent proceeding the Tribunal or Court directs that he ought not to have them.42. Infringement action to be heard in High Court
Any action or legal proceeding relating to the infringement in Malawi of copyright in a registered design shall be brought in the High Court.43. Remedy for groundless threats of infringement proceedings
44. Security for costs and taxation of costs
45. Costs of Registrar
In all proceedings before the Tribunal under this Act, the costs of the Registrar shall be in the discretion of the Tribunal, but the Registrar shall not be ordered to pay the costs of any of the other parties.46. Appeals to High Court
Part VIII – Offences and penalties
47. Falsification of entries in register
Any person who makes or causes to be made a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or who produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, shall be guilty of an offence.48. Penalty for falsely representing a design as registered
49. Deceiving or influencing the Registrar or an officer
50. Witness giving false evidence
Any person who, after having been sworn or having in lieu thereof made an affirmation or declaration, wilfully gives false evidence before the Registrar or the Tribunal concerning the subject-matter of the proceeding in question, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence.51. Penalties
Save where otherwise provided in this Act, any person who is guilty of an offence under this Act shall be liable to a fine of £500 and to imprisonment for three years.Part IX – Miscellaneous
52. Recognition of agents
Where by this Act any act has to be done by or to any person in connexion with a design or any procedure relating thereto, the act may under and in accordance with the regulations or, in particular cases, by special leave of the Registrar be done by or to an agent of that person duly authorized in the prescribed manner.53. Lodging and authentication of documents
54. Provisions as to fees
55. Oaths and affirmations
Any person who is required under this Act to take any oath or swear to the truth of any affidavit may, in lieu thereof, make an affirmation or declaration in accordance with the law relating to affirmations or declarations.56. Journal
The Minister may direct the publication by the Registrar in the Patent Journal of any reports of cases on designs and other relevant matters as the Minister may deem fit.57. Savings
58. Power to make regulations
Part X – Application and transitional provisions
59. Application of Act and transitional proceedings
History of this document
31 December 2014 this version
Consolidation
01 December 1958
Commenced