LAWS OF MALAWI
Registered Designs
(2)
Registered Designs
Cap. 49:05
In any proceedings under this section to which a Government department is a party, the
Government department may:(a)
if the registered proprietor is a party to the proceedings, apply for cancellation
of the registration of the design upon any ground which the deletion of a design
may be ordered by the Tribunal under section 24;
(b)
in any case, put in issue the validity of the registration of the design without
applying for its cancellation.
(3)
If in such proceedings as aforesaid any question arises whether a design has been
recorded or applied as mentioned in section 18 and the disclosure of any document
recording the design, or of any evidence of the application thereof, would, in the opinion
of the Government department, be prejudicial to the public interest, the disclosure may
be made confidentially to counsel appearing for the other party or to an independent
expert agreed upon by the parties.
(4)
In determining under this section any dispute between a Government department and
any person as to terms for the use of a design for the services of the Government, the
Tribunal shall have regard to any benefit or compensation which that person or any
person from whom he derives title may have received, or may be entitled to receive,
directly or indirectly from any Government department in respect of the design in
question.
PART V
ASSIGNMENTS, CORRECTIONS AND CANCELLATION
22.
(1)Where any person becomes entitled by assignment, transmission or operation of law to a
registered design or to a share in a registered design, or becomes entitled as mortgage, licensee or
otherwise to any other interest in a registered design, he may apply to the Registrar in the
prescribed manner for the registration of his title as proprietor or co-proprietor or, as the case may
Registration of assignments etc
be, of notice of his interest, in the register.
(2)
Without prejudice to subsection (10, an application for the registration of the title of any
person becoming entitled by assignment to a registered design or a share in a registered
design, or becoming entitled by virtue of a mortgage, licence or other instrument to any
other interest in a registered design, may be made in the prescribed manner by the
assignor, mortgagor, licensor or other party to that instrument, as the case may be.
(3)
Where application is made under this section for the registration of title of any person,
the Registrar shall, upon proof of title to his satisfaction:(a)
where that person is entitled to a registered design or a share in a registered
design, register him in the register as proprietor or co-proprietor of the design,
and enter in that register particulars of the instrument or event by which he
derives title; or
(b)
where that person is entitled to any other interest in the registered design, enter
in that register notice of his interest, with particulars of the instrument, if any,
creating it.
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