LAWS OF MALAWI
Registered Designs
(2)
17.
Registered Designs
Cap. 49:05
Nothing in this section shall affect the power of the Court to grant an injunction in any
proceedings for infringement of copyright in a registered design.
(1) At any time after design has been registered any person interested may apply to the Registrar
for the grant of a compulsory licence in respect of the design on the ground that the design is not
applied in Malawi by any industrial process or means to the article in respect of which it is
registered to such an extent as is reasonable in the circumstances of the case; and the Registrar
Compulsory licence
may make such order on the application as he thinks fit
in respect of
registered design
(2)
An order for the grant of a licence shall, without prejudice to any other method of
enforcement, have effect as if it were a deed executed by the registered proprietor and all
other necessary parties, granting a licence in accordance with the order.
(3)
No order shall be made under this section which would be at variance with any of the
provisions of the Convention.
(4)
An appeal shall lie from any order of the Registrar under this section.
PART IV
USE OF REGISTERED DESIGNS FOR SERVICES OF GOVERNMENT, ETC
18.
(1) Notwithstanding anything in this Act, any Government department or any person authorized
in writing by the Minister may use any registered design for the services of the Government in
accordance with this section.
Use of registered
designs for services of
the Government
(2)
If and so far as the design has before the date of registration thereof been duly recorded
by or applied by or on behalf of a Government department otherwise than in
consequence of the communication thereof directly or indirectly by the registered
proprietor or any person from whom he derives title, any use of the design by virtue of
this section may be made free of any royalty or other payment to the registered
proprietor.
(3)
If and so far as the design has not been so recorded or applied as aforesaid, any use of
the design made by virtue of this section at any time after the date of registration thereof,
or in consequence of any such communication as aforesaid, shall be made upon such
terms as may be agreed upon, either before or after the use, between the Minister and the
registered proprietor with the approval of the Minister of Finance, or as may in default
of agreement be determined by the Tribunal on a reference under section 21(1).
(4)
The authority of the Minister in respect of a design may be given under this section
either before or after the design is registered and either before or after the acts in respect
of which the authority is given are done, and may be given to any person, whether or not
he is authorized directly or indirectly by the registered proprietor to use the design.
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