LAWS OF MALAWI
Trade marks
11.
(1) Where, by a contract in writing made with the proprietor or a registered
user of a registered trade mark, a purchaser or owner of goods enters into an
obligation to the effect that he will not do, in relation to the goods, an act to
which this section applies, any person who, being the owner for the time being
of the goods and having notice of the obligation, does that act or authorizes it
to be done, in relation to the goods, in the course of trade shall be deemed
thereby to infringe the right to the use of the trade mark given by the
registration thereof, unless that person become the owner of the goods by
purchase for money or money’s worth in good faith before receiving notice of
the obligation or by virtue of a title derived through another who so became the
owner thereof.
(2)
(3)
12.
Cap. 49:01
Infringement
by
breach of certain
restrictions.
The acts to which this section applies are:-.
(a)
The application of the trade mark upon the goods after they
have suffered alteration in any manner specified in the
contract as respects their state or condition, get-up or
packing;
(b)
In a case in which the trade mark is upon the goods, the
alteration, part removal or part obliteration thereof;
(c)
In a case in which the trade mark is upon the goods and there
is also thereon other matter, being matter indicating a
connection in the course of trade between the proprietor or
registered user and the goods, the removal or obliteration,
whether wholly or partly, of the trade mark unless that other
matter is wholly removed or obliterated;
(d)
In a case in which the trade mark is upon the goods, the
application of any other trade mark to the goods;
(e)
In a case in which the trade mark is upon the goods, the
addition to the goods of any other matter in writing that is
likely to injure the reputation of the trade mark.
In this section, references, in relation to any goods, to the proprietor,
to a registered user and to the registration of a trade mark shall be
construed, respectively, as references to the proprietor in whose name
the trade mark is registered, to a registered user is registered and to
the registration of the trade mark, in respect of those goods, and the
expression “upon” includes, in relation to any goods, a reference to
physical relation thereto.
Nothing in this act shall entitle the proprietor or a registered user of a
registered trade mark to interfere with or restrain the use by any person of a
trade mark identical with or nearly resembling it, in relation to goods, in
relation to which that person or a predecessor in title of his has continuously
used that trade mark from a date anterior:-
Saving for vested
rights.