LAWS OF MALAWI
Registered Designs
Registered Designs Regulations
26.
29.
30.
The applicant shall, within such time as the Registrar may allow, file evidence in support
of his case and shall deliver to the registered proprietor a copy thereof.
(1) Where the registered proprietor of a design desires to cancel his registration under section
25(1) he shall make application in form No. 22.
(2)
28.
Cap. 49:05
[Subsidiary]
(1) Where an applicant for registration or the registered proprietor of a design desires, under
Correction of errors
section 23, to correct an error, he shall make the application in form No. 21.
(2)
27.
Registered Designs
Cancellation of
registration
An application for the cancellation of the registration of a design under section 25(2)
shall be made in form No. 23, and shall be accompanied by a copy thereof and a
statement in duplicate setting out fully the nature of the applicant’s interest and the facts
on which he relies. A copy of the application shall be sent by the Registrar to the
registered proprietor and thereupon regulations 23 and 24 shall apply.
In the event of an application for the grant of a compulsory licence or for the cancellation of the
registration of a design being uncontested by the proprietor, the Registrar in deciding whether
costs should be awarded to the applicant shall consider whether proceedings might have been
avoided if reasonable notice had been given by the applicant to the registered proprietor before
the application was lodged.
Costs
(1) Where any person desires to obtain the information which he is entitled to obtain under
section 28 and can furnish the registration number of the design, he shall apply in form No. 24
and the Registrar shall thereafter furnish him with the information aforesaid.
Searches
(2)
Where the applicant is unable to furnish the registration number of a design, he shall
apply in form No. 25 and furnish in duplicate to the Registrar a representation or
specimen of the design applied to an article and the Registrar shall thereupon make such
search among designs applied to such articles as may be possible, and shall furnish such
information as can properly be given.
(3)
The Registrar shall, upon application for the purpose made in form No. 26, accompanied
in duplicate by a representation or specimen of a design applied to an article, cause a
search to be made among registered designs and state whether the design as applied to
that article appears to be identical with, or closely to resemble, any registered design
applied to such article of which the copyright is still existing.
Copies of any entry in the register, or copies of, or extracts from, designs, representations,
specimens and other public documents in the Office, or of or from registers and other records
kept there, certified by the Registrar, may be furnished by the Registrar upon receipt of a request
therefore in form No. 27 from any person who, if the Registrar thinks fit so to require, can show
an interest in the entry, matter or thing to his satisfaction. The Registrar shall not be obliged to
include in the certificate a copy of any representation or specimen, unless he is furnished by the
applicant with a copy thereof suitable for the purpose.
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Certified copies of
entries, etc