LAWS OF MALAWI
Registered Designs
Registered Designs
Cap. 49:05
(b)
the design, at the time when it was registered, was a corresponding design in
relation to an artistic work in which copyright subsisted under any written law
relating to copyright;
(c)
by reason of a previous use of that artistic work, the design would not have
been registrable under this Act but for section 12(2), or
(d)
the copyright in that work under any written law relating to copyright has
expired;.
Or on any other ground on which the Registrar could have refused to register the design;
and the Registrar may make such order on the application as he thinks fit.
(3)
An appeal shall lie from any order of the Registrar under subsection (2).
PART VI
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN
EVIDENCE, DOCUMENTS AND POWERS
26.
(1) A certificate purporting to be signed by the Registrar and certifying that any entry which he is
authorized by or under this Act to make has or has not been made, or that any other thing which
he is so authorized to do has or has not been done, shall be prima facie evidence of the matters so
certified.
Evidence of certain
entries and documents
(2)
27.
A copy of any entry in the register or of any representation, specimen or document kept
in the Designs Office or an extract from the register or any such document, purporting to
be certified by the Registrar and to be sealed with the seal of the Patent Office, shall be
admitted in evidence without further proof and without production of the original.
(1) Subject to this section and to any regulation made by the Minister in pursuance of section
11(3), the representation or specimen of a design registered under this Act shall be open to
inspection at the Designs Office on and after the day on which the certificate of registration is
issued
(2)
In the case of a design registered in respect of an article of any class prescribed for the
purposes of this subsection, no representation or specimen of the design lodged in
pursuance of the application shall, until the expiration of such period after the day on
which the certificate of registration is issued as may be prescribed in relation to articles
of that class, be open to inspection at the Designs Office except by the registered
proprietor, a person authorized in writing by the registered proprietor, or a person
authorized by the Registrar, the Tribunal or by a court:
Provided that where the Registrar proposes to refuse an application for the registration of any
other design on the ground that it is the same as the first-mentioned design or differs firm that
design only in immaterial details or in features which are variants commonly used in the trade,
the applicant shall be entitled to inspect the representation or specimen of the first-mentioned
design lodged in pursuance of the application for registration of that design.
18
Inspection of
registered designs