LAWS OF MALAWI
Patents
(Subsidiary)
(2)
42.
43.
Cap. 49:02
Patents Regulations
The Registrar shall direct the patentee to advertise the application (if
in compliance with section 33(2) of the Act) in two consecutive issues
of the Gazette.
(1) At any time within two months of the advertisement of the application any
person may give notice of opposition thereto in form 23.
(2)
Such notice shall be accompanied by a copy thereof together with a
statement, in duplicate, setting out fully the nature of the objector’s
interest and the facts upon which he relief.
(3)
Upon notice of opposition being given regulations 25 to 29 inclusive
shall mutatis mutandis apply in respect of the proceedings held before
the Registrar under section 33 of the Act.
(1) On completion of the evidence (if any), or at such other time as the
Registrar may see fit, the Registrar shall appoint a time for the hearing of the
application and shall give the parties at least fourteen days’ notice of the
appointment.
(2)
Notice
opposition.
of
Hearing.
After hearing the party or parties desiring to be heard or, in none of
the parties desires to be heard, then without a hearing, the Registrar
shall decide the matter and notify his decision to the parties.
PART VIII
VOOUNTARY ENDORSEMENT OF PATENTS “LICENCES OR RIGHT”
44.
An application under section 35(1) of the Act for endorsement of a patent
“licences of right” shall be made in form No. 24 and shall be accompanied by
evidence verifying the statement in the application and by the letters patent.
45.
(1) An application under section 35(2)(a) or (b) of the Act for settlement of the
terms of a licence under a patent endorsed “licences of right” shall be made in
form No. 25 and shall be accompanied by a copy thereof and a statement, in
duplicate, setting our fully the facts upon which the applicant relies and the
terms of the licence which he is prepared to accept or grant.
(2)
A copy of the application and statement shall be sent by the Registrar
to the patentee or the person requiring a licence, as the case may be,
who, if he does not agree to the terms set out in the statement, shall
within two months of the receipt of such copies file a counterstatement setting out fully the grounds of the objection and serve a
copy thereof on the applicant.
(3)
The Registrar shall give such directions as he may think fit with
regard to the filing of evidence and the hearing of the parties.
103
Application under
section 35(1).
Application under
section 35(2).