LAWS OF MALAWI
Registered Designs
23.
Registered Designs
Cap. 49:05
(4)
Subject to any rights vested in any other person of which notice is entered in the register
of designs, the person or persons registered as proprietor of a registered design shall
have power to assign, grant licences under, or otherwise deal with the design, and to
give effectual receipts for any consideration for any such assignment, licence or dealing.
(5)
Except for the purposes of an application to rectify the register under this Act, a
document in respect of which no entry has been made in the register under subsection
(3) shall not be admitted in any proceedings as evidence of the title of any person to a
registered design or share of or interest in a registered design unless the Tribunal or
Court concerned otherwise directs.
(1)The Registrar may authorize the correction of any clerical error or omission or error in
translation in any application for the registration or in the representation of a design, or any error
Power of Registrar to
in the register.
authorize corrections
24.
25.
(2)
A correction may be made in pursuance of this section, either upon a request in writing
made by any person interested and accompanied by the prescribed fee, or without such a
request.
(3)
Where it is proposed to make a correction otherwise than upon such a request, the
Registrar shall give notice of the proposal to the registered proprietor or the applicant for
registration of the design, as the case may be, and to any other person who appears to
him to be concerned, and shall give any such person an opportunity of being heard
before the correction is made.
(1) The Tribunal may, on the application of any person aggrieved, order the register to be
rectified by the making of any entry therein or the variation or deletion of any entry therein.
(2)
The Tribunal may determine any question which it may be necessary or expedient to
decide in connection with the rectification of the register.
(3)
Notice of any application to the Tribunal under this section shall be given in the
prescribed manner to the Registrar and to any other person appearing from the register to
be interested in the design and the Registrar and any such person shall be entitled to
appear and be heard on the application.
(4)
A notice of any order made by the Tribunal under this section shall be served on the
Registrar in the prescribed manner, and the Registrar shall, on receipt of the notice,
rectify the register accordingly.
(1) The Registrar may, upon a request made in the prescribed manner by the registered proprietor,
cancel the registration of a design.
(2)
At any time after a design has been registered any person interested may apply to the
Registrar for the cancellation of the registration of the design on the ground that:
(a)
the design was not, at the date of the registration thereof, new or original
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Rectification of
register
Cancellation of
registration