period stated and take into consideration all representation so submitted.
LAWS OF MALAWI
Merchandise marks
Cap. 49:04
PART III
MISCELANEOUS
17.
18.
19.
Every person who sells any goods to which a trade mark or trade description
has been applied shall be deemed to warrant that the mark is a genuine trade
mark and not forged or falsely applied or that the trade description is not a
false trade description, as the case may be, unless the contrary is expressed in
writing signed by the seller or on his behalf and delivered at the time of the
sale to and accepted by the purchaser.
No person shall sell in any bottle, to which or to the stopper of which have
been indelibly applied words indicating that the bottle is the property of a
named person, goods resembling or so nearly resembling goods manufactured
or produced for sale in any such bottle by such named person as to be likely to
deceive.
(1) The Minister may appoint any person to be an inspector for the purposes of
this Act.
(2)
Any inspector who produces a certificate of his appointment under
subsection (1) or any police officer may, at any time during the hours
when the premises are open for business, enter any premises on which
he has reason to believe there are kept for sale any goods, whether
imported into or manufactured in Malawi, and, on giving a receipt
therefore, may, without payment, take and, remove samples of any
such goods for examination or inspection or for any other purpose
relating to this Act.
(3)
A police officer or inspector taking a sample in terms of subsection
(2) shall forthwith notify the person on whose premises the sample is
taken, or his agent, that the sample is taken in pursuance of this Act
and shall, if required so to do at the time of giving such notification,
select a second like sample or, if practicable, divide the sample into
two parts and mark and seal and leave with that person or agent either
the second sample or one part of the divide sample.
(4)
Any sample taken by a police officer or inspector under the powers
conferred upon him by subsection (3) shall, whenever possible, be
returned by him to the person from whose premises it was removed or
to his agent.
(5)
No person shall obstruct a police officer or inspector in the execution
of the powers conferred upon such officer or such inspector by this
section.
Implied w arranty
on sale of marked
goods.
Sale of goods in
bottles m
arked
with ow
ner’s
name.
Appointment of
inspectors a
nd
powers of police
officers a
nd
inspectors.