LAWS OF MALAWI
Merchandise marks
(d)
6.
on request made by an inspector, police officer or customs
officer, he gave to such inspector or such officer all the
information in his power with respect to the persons on
whose behalf the trade mark or trade description was applied.
(1) No person shall sell any goods:-
(2)
7.
Cap. 49:04
(a)
to which any forged trade mark or false trade description is
applied; or
(b)
to which any trade mark or a mark so nearly resembling a
trade mark as to be likely to deceive is falsely applied.
It shall be a sufficient defence to any charge under subsection (1) if the
accused satisfies the court that:(a)
Having taken all reasonable precautions against committing
an offence against this Act, he had at the time of the sale no
reason to suspect the genuineness of the trade mark or trade
description and, one request made by an inspector, police
officer or customs officer, he gave to such inspector or such
officer all the information in his power with respect to the
persons from whom he obtained such goods; or
(b)
Otherwise he had acted innocently.
(1) Subject to subsection (2), no person shall sell or for the purpose of
advertising goods distribute any goods manufactured externally, any goods
assembled externally or any goods mixed externally or samples of such goods
to which there is applied an offending mark unless there is also applied to
those goods in the manner specified in section 10 the name of the country in
which those goods were manufactured, assembled or mixed so as to indicate
that those goods were manufactured, assembled or mixed, as the case may be,
in that country.
(2)
Prohibition of sa le
of goods beari ng
forged trade mark
or fa lse tra de
description.
This section shall not have effect in respect of the application of a
name or trade mark to:(a)
Parts or materials of a type suitable only for consumption in
a process of manufacture; or
(b)
articles to be used as coverings, labels or reels or to article in
or with which goods manufactured, made, produced,
assembled or mixed in Malawi are to be sold.
Prohibition of sa le
of im ported goods
unless
accompanied by
indication of
origin.