LAWS OF MALAWI
Registered Designs
Registered Designs
Cap. 49:05
“Court” means the High Court:
“Design” means features of shape, configuration, pattern or ornament applied to an
article by any industrial process or means being features which in the finished article
appeal to and are judged solely by the eye, but does not include a method or principle of
construction or features of shape or configuration which are dictated solely by the
function which the article to be made in that shape or configuration has to perform;
“Designs Office” means the Designs Office established under section 3;
“Legal representative” means –
(a)
the liquidator or receiver of a company;
(b)
the representative recognized by law of any person who has died, become
insolvent or bankrupt, assigned his estate, is an infant or a minor, or of unsound
mind, or is otherwise under a disability;
“Patent Journal” means the journal for which provision is made in Section 95 of the
Patents Act;
“Proprietor” has the meaning assigned to it by Section 8;
“registered proprietor” mans the person or persons for the time being entered in the
register as the proprietor of the design;
“Registrar” means the Registrar of Designs appointed under Section 4;
“set of articles” means a number of articles of the same general character ordinarily on
sale or intended to be used together, to each of which the same design, or the same
design with modifications or variations not sufficient to alter the character or
substantially to affect the identity thereof, is applied;
“Tribunal” means the Patents Tribunal established under the Patents Act.
Cap. 49:02
(2)
Any reference in this Act to an article in respect of which a design is registered shall, in
the case of a design registered in respect of a set of articles, be construed as a reference
to any article of that set.
(3)
Any question arising under this Act whether a number of articles constitutes a set of
articles shall be determined by the Registrar; and notwithstanding anything in this Act
any determination of the Registrar under this subsection shall be final.
PART I
ADMINISTRATION
3.
4.
There shall be established under the direction of the Minister an office to be called the Designs
Office.
There shall be appointed:
Establishment of
Designs Office
Appointment of officers
5