LAWS OF MALAWI
Registered Designs
Registered Designs
Cap. 49:05
CHAPTER 49:05
REGISTERED DESIGNS
An Act to make Provision Relating to the Registration of Designs and for
other purposes Incidental thereto
(1ST DECEMBER 1958)
12 of 1958
(F)
9 of 1985
G.N.
5/1964(M)
166/1967
PRELIMINARY
1.
This Act may be cited as the Registered Designs Act.
2.
(1)
In this Act, unless inconsistent with the context –
Short title
Interpretation
“article” means any article of manufacture and includes any part of an article if that part
is made and sold separately;
“artistic work” means a work of any of the following descriptions, that is to say –
(a)
the following, irrespective of artistic quality, namely, painting, sculptures,
drawings, engravings and photographs;
(b)
works of architecture, being either buildings or models for buildings;
(c)
works of artistic craftsmanship, not falling within paragraph (a) or (b);
“assignee” means –
(a)
the person who has derived his title to the design for Malawi directly or
indirectly from the proprietor thereof or from the latter’s assignee; or
(b)
the legal representative of such person;
“Convention” means the Union Convention of Paris, dated the 20th March 1883, for the
Protection of Industrial Property, revised at Brussels on the 14th December 1990, at
Washington on the 2nd June 1911, at The Hague on the 6th November 1925, and at
London on the 2nd June 1934 , and any revision thereof to which Malawi may accede in
terms of Section 7 of the Patents Act;
“Convention country” means a country (including any colony, protectorate or territory
subject to the authority or under the suzerainty of that country, or any territory over
which a mandate or trusteeship is exercised) which has been declared to be a convention
country in terms of the Patents Act;
“Copyright”, in relation to a registered design, has the meaning assigned which, when
applied to an article, results in a reproduction of that work;
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Cap.49:02