if the name or trade mark so applied is the name or trade mark of a
manufacturer, producer, assembler, mixer of or trader in those goods
in Malawi and the name or trade mark is applied with his consent.
LAWS OF MALAWI
Merchandise marks
(3)
8.
10.
The Minister may, by notice published in the Gazette, suspend, in
relation to any goods or class of goods, the operation of subsection
(1).
(1) No person shall sell or for the purpose of advertising goods distribute in
Malawi any goods manufactured, made, produced, assembled or mixed in
Malawi 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 Malawi so as to indicate that those goods were manufactured,
made, produced, assembled or mixed, as the case may be, in Malawi.
(2)
9.
Cap. 49:04
The Minister may, by notice published in the Gazette, suspend, in
relation to any goods or class of goods the operation of subsection (1).
No person shall import into Malawi any goods:
(a)
to which any forged trade mark or false trade description or
to which any trade mark or a mark so nearly resembling a
trade mark as to be likely to deceive is falsely applied; or
(b)
which it would be an offence to sell or distribute in terms of
section 7 or 8.
(1) Whenever the name of the country in which goods were manufactured,
made, produced, assembled or mixed is applied to goods for the purposes of
section 7 or 8 that name shall be applied in a conspicuous manner:(a)
(i) the case where an offending mark is applied to the goods
themselves, or
(ii)
(2)
Prohibition of sa le
of goods, whether
made in Mala wi
or else
where,
unless
accompanied by
indication of
origin.
in the case where an offending mark is applied to
any covering, label or other attachment, either by
means of such covering, label or other attachment or
to the goods themselves;
(b)
so as to render unlikely the obliteration, ensure or
detachment of such name in the ordinary course of handling
prior to sale the consumer; and
(c)
In a prominent position and so placed that it can be easily
read without detaching or unwrapping any part of the
covering in which the goods may be offered for sale, or
wherever an offending mark is applied.
Notwithstanding subsection (1), the Minister may by notice published
Importation of
certain goods
prohibited.
Manner of
application of
mark.