LAWS OF MALAWI
Registered Designs
28.
Registered Designs
Cap. 49:05
(3)
In the case of a design registered in respect of an article of any class prescribed for the
purposes of subsection (2), the representation or specimen of the design shall not, during
the period prescribed as aforesaid, be inspected by any person by virtue of this section
except in the presence of the Registrar or of an officer acting under him; and except in
the case of an inspection authorized by the proviso to that subsection, the person making
the inspection shall not be entitled to take a copy of the representation of specimen of
the design or any part thereof.
(4)
Where an application for the registration of a design has been abandoned or refused,
neither the application for registration nor any representation or specimen of the design
lodged in pursuance thereof shall at any time be open to inspection at the Designs Office
or be published by the Registrar.
On the request of any person furnishing such information as may enable the Registrar to identify
the design, and on payment of the prescribed fee the Registrar shall inform him whether the
design is registered, and, if so, in respect of what articles, and whether any extension of the period
of copyright in relation to that design has been granted and shall state the date of registration and
the name and address of the registered proprietor.
Information as to
existence of copyright
29.
30.
The Registrar shall grant a certificate of registration in the prescribed form to the registered
proprietor of a design when the design is granted.
Certificate of
registration
The Registrar may, in a case where he is satisfied that the certificate of registration referred to in
section 29 has been lost or destroyed, or in any other case in which he thinks it expedient, furnish
Copies of certificate
one or more copies of the certificate.
Of registration
31.
Without prejudice to any provisions of this Act requiring the Registrar to hear any party to
proceedings thereunder, or to give to any such party an opportunity to be heard, the Registrar
shall give to any applicant for registration of a design an opportunity to be heard before
exercising adversely to the applicant any discretion vested in the Registrar by or under this Act.
Exercise of
discretionary powers
of Registrar
32.
(1) Subject to section 55, evidence in any proceedings before the Registrar under this Act shall be
given by affidavit, so, however, that the Registrar may, if he thinks fit in any particular case, take
oral evidence on oath in lieu of or in addition to such evidence as aforesaid and may allow any
witness to be cross-examined on his affidavit or oral evidence
(2)
The powers, rights and privileges of the Registrar in proceedings before him under this
Act shall be the same as those conferred upon commissioners by the Commissions of
Inquiry Act and section 9, 10 and 12 of that Act shall, mutates mutandis, apply in
relation to the hearing and determination of any matter before the Registrar under this
Act and to any person summoned to give evidence or giving evidence before him.
19
Proceedings before
Registrar
Cap. 18:01