No. 2
Trademarks
43. A geographical indication shall not be registered if it is__
(a) incapable of distinguishing goods as originating from a
particular territory, region or locality or does not possess
characteristics attributed to that territory, region or locality in
which those goods originate from;
(b) contrary to public order or morality;
(c) likely to mislead the public or those in the trade as regards
the geographical origin of the goods concerned, their nature or
characteristics;
(d) in respect of goods, identical with the term usually used in
common language as the common name for such goods in
Malawi;
(e) not protected, has ceased to be protected or has fallen into
disuse in its country of origin; or
(f) identical or similar to an existing registered trademark or
geographical indication that is likely to confuse the public.
44.__(1) Where the Registrar is satisfied that an application for
the registration of a geographical indication satisfies the
requirements of this Act, and the application has not been opposed
within the prescribed period, or where it is opposed, the Registrar
decides in the applicant’s favour, the Registrar shall__
(a) register the geographical indication in the Register;
(b) issue to the applicant, a certificate of registration; and
(c) publish in the Journal, a reference to the registration of the
geographical indication.
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Grounds for
refusal of
registration
Registration
of
geographical
indications
(2) Where the requirements for the registration of a geographical
indication are not satisfied, or an application for the registration of
a geographical indication is successfully opposed, the Registrar
shall refuse to register the geographical indication.
(3) The Registrar may subject the registration of a geographical
indication to conditions that the Registrar considers appropriate.
45.__(1)The registration of a geographical indication shall give to
the registered owner or authorized user thereof,__
(a) the exclusive right to the use of the geographical indication
in relation to the goods in respect of which the geographical
indication is registered; and
(b) the right to obtain relief by way of injunction, award of
damages or any other remedy as the court may consider
appropriate in respect of infringement of the geographical
indication as provided for under this Act.
Rights
conferred by
registration