28
Witness giving
false evidence
Importation of
infringing
goods
Trademarks
No. 2
54. Any person who, wilfully gives false evidence before the
Registrar or the Appeals Tribunal in any proceedings knowing such
evidence to be false or not knowing or believing it to be true,
commits an offence, and shall, on conviction be liable to a fine of
K1,000,000 and imprisonment for three years.
55.__(1) An owner or licensee of a registered trademark may give
notice in writing to the Commissioner General that he is the owner
or a licensee of a registered trademark.
(2) On receipt of the notice, the Commissioner General shall take
all necessary steps to ensure that imported goods, materials or
articles do not infringe the registered trademark.
(3) When a notice is in force under this section, the importation
of the goods to which the notice relates, otherwise than by a person
for his private and domestic use, is prohibited, but a person shall
not, by reason of the prohibition, be liable to any penalty other than
forfeiture of the goods.
(4) In addition to the notice given under subsection (4), the owner
or licensee of the registered trademark may, from time to time,
inform the Commissioner General that, in relation to the registered
trademark, infringing goods, materials or articles are expected to
arrive in Malawi and in such notice request the Commissioner
General to treat the goods as prohibited goods.
Commissioner
General may
prescribe rules
on notice
requirements
(5) When giving notice under subsection (5), the owner or
licensee shall specify the time and the place where the infringing
goods, materials or articles are expected to arrive in Malawi.
56.__(1) The Commissioner General may in consultation with the
Registrar, prescribe rules on the form in which notice is to be given
under section 55 and require a person giving notice to__
(a) furnish the Commissioner General with such information or
evidence as may be specified in the rules when giving notice
under section 55; and
(b) comply with such other conditions as may be specified in
the rules.
(2) The rules made pursuant to subsection (1) may, in particular,
require a person giving the notice to__
(a) furnish sufficient information and particulars of a
trademark;
(b) pay such fees in respect of the notice as may be specified
by the rules;