No. 2
Trademarks
(c) give such security as may be so specified in respect of any
liability or expense which the Commissioner General may incur
in the process of protecting the trademark; or
(d) indemnify the Commissioner General against any such
liability or expense, whether security has been given or not.
57. Where the Commissioner General or officer who exercises
functions in relation to imported goods obtains information relating
to infringing goods, material or articles, the Commissioner General
may authorize the disclosure of that information for the purpose of
facilitating the exercise, by any authorised person, of any function
in connection with the investigation or prosecution of an offence
under this Act.
PART IX__INTERNATIONAL REGISTRATION OF TRADEMARKS
58. Where Malawi ratifies or accedes to any international
instrument relating to trademarks, the Minister shall, by notice
published in the Gazette, declare that Malawi has become a member
to a particular instrument with effect from the date stated in such
notice and shall list the international instrument in the Second
Schedule hereto.
59. The Minister may make regulations for the procedures
relating to registration of trademarks under international
instruments to which Malawi is a Party.
60. Registration of trademarks in Malawi pursuant to the Banjul
Protocol shall be made in accordance with the Third Schedule
hereto.
61. Registration of trademark in Malawi pursuant to the Madrid
Protocol, shall be made in accordance with the Fourth Schedule
hereto.
PART X__APPEALS AND OTHER LEGAL PROCEEDINGS
62.__(1) There is hereby established an Appeals Tribunal which
shall hear appeals from decisions of the Registrar.
(2) The Appeals Tribunal shall be presided over by a single Judge
appointed by the Chief Justice.
(3) The Appeals Tribunal shall develop its own rules but where
such rules are not developed, the Appeals Tribunal shall apply the
rules of the High Court Commercial Division.
(4) Any person aggrieved by a decision of the Registrar under this
Act may, within thirty days of such decision, lodge an appeal with
the Appeals Tribunal.
29
Commissioner
General to
disclose
information
Treaty
arrangements
Power to
make
regulations
giving effect
to treaties
Registration
under the
Banjul
Protocol
Registration
under the
Madrid
Protocol
Establishment
of Appeals
Tribunal