29. Application for forfeiture
PARTY IV – MISCELLANEOUS
30. Trademarks containing trade descriptions
31. Definition Orders
32. Saving for civil rights
33. Compensation for loss of goods seized under section 13
34. Regulations
35. Repeal
An Act to prohibit false trade descriptions, false marks and misstatements in respect of goods provided in the
course of trade; to confer power to require information or instruction relating to goods or to be included in
advertisements; to restate the law relating to forgery of trade marks; to repeal the Merchandise Marks Act; and for
purposes connected therewith or incidental thereto
ENACTED by the Parliament of Malawi as follows‐
PART 1‐ PRELIMINARY
Short title 1. This Act may be cited as the Trade Descriptions Act, 1987, and shall come into operation on a day
and
commence‐ to be appointed by the Minister by notice in the Gazette.
ment
Interpretation 2.–(1) In this Act, unless the context otherwise requires‐
“advertisement” include a catalogue, a circular and a price list;
“authorized officer” means a public officer appointed under section 12;
“false trade description” means‐
(a) a trade description which is false to a material degree;
(b) a trade description which, though not false, is misleading, that is to stay, likely, to be taken for
such an indication of any of the matters specified in the definition of “trade description” as
would be false to a material degree;
(c) anything which, though not a trade description, is likely to be taken for an indication of any of the
matters specified in the definition of trade” description” and., as an indication, would be false to a
material degree;
(d) a false indication, or anything likely to be taken as an indication which would be false, that any
goods comply with a standard specified or recognized by any person if there is no such person or no
standard so specified, recognized or implied; or
(e) a false indication, or anything likely to be taken as an indication which would be false, that any
goods of any class or type‐
(i) being goods in respect of which duty is payable under the laws of Malawi, are supplied free of the
duty so payable in respect of that class or type of goods; or
2