LAWS OF MALAWI
Registered Designs
(2)
8.
Registered Designs
Cap. 49:05
In this section, “Protocol” means the Protocol on Patents and Designs within the
Framework of the Industrial Property Organisation for English-speaking Africa adopted
on 10th December 1982, at Harare in the Republic of Zimbabwe to which Malawi
acceded on 3rd January 1984, and any revision thereof to which Malawi has acceded.
(1)
Subject to this section, the author of a design shall be treated for the purposes of this Act
as the proprietor of the design:
Proprietorship
of designs
Provided that where the design is executed by the author for another person for valuable
consideration, that other person shall be treated for the purposes of this Act as the proprietor.
(2)
9.
Where a design, or the right to apply a design to any article, becomes vested, whether by
assignment, transmission or operation of law, in any person other than the original
proprietor, either alone or jointly with the original proprietor, that other person, or, as the
case may be, the original proprietor and that other person, shall be treated for the
purposes of this Act as the proprietor of the design or as the proprietor of the design in
relation to that article.
(1) An application for the registration of a design shall be made in the prescribed form and shall
be lodged at the Designs Office in the prescribed manner.
(2)
For the purpose of deciding whether a design is new or original, the Registrar may make
such searches, if any, as he thinks fit.
(3)
The Registrar may refuse any application for the registration of a design or may register
the design in pursuance of the application subject to such modifications, if any, as he
thinks fit.
(4)
An application which, owing to any default or neglect on the part of the applicant, has
not been completed so as to enable registration to be effected within such time as may be
prescribed shall be deemed to be abandoned.
(5)
Except as otherwise expressly provided by this Act, a design when registered shall be
registered as of the date on which the application for registration was made, or such
other date (whether earlier or later than that date) as the Registrar may in any particular
case direct:
Proceedings
for registration
Provided that no proceedings shall be taken in respect of any infringement of copyright
in that design committed before the date on which the certificate of registration thereof
under this Act is issued.
(6)
10.
An appeal shall lie from any decision of the Registrar under subsection (3).
(1) Where the registered proprietor of a design registered in respect of any article makes an
application –
Registration of
same design in respect
of other articles, etc
(a)
for registration in respect of one or more other articles, of the registered design;
or
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