LAWS OF MALAWI
Registered Designs
(b)
Registered Designs
Cap. 49:05
for registration in respect of the same or one or more other articles, of a design
consisting of the registered design with modifications or variations not
sufficient to alter the character or substantially to affect the identity thereof
the application shall not be refused and the registration made on that application shall not be
invalidated by reason only of the previous registration or publication of the registered design:
provided that the period of copyright in a design registered by virtue oft his section shall not
extend beyond the expiration of the original and any extended period of copyright in the original
registered design.
(2)
Where any person makes an application for the registration of a design in respect of any
article and either (a)
that design has been previously registered by another person in respect of some
other article; or
(b)
the design to which the application relates consists of a design previously
registered by another person in respect of the same or some other article with
modifications or variations not sufficient to alter the character or substantially
to affect the identity thereof.
Then, if at any time while the application is pending the applicant becomes the registered
proprietor of the design previously registered, subsection (1) shall apply as if at the time of
making the application the applicant had been the registered proprietor of that design.
11.
(1) Where an application for the registration of a design has been made, and it appears to the
Registrar that the design is one of a class notified to him by the Minister as relevant for defence
purposes, he may give directions for prohibiting or restricting the publication of information with
respect to the design, or the communication of such information to any person or class of persons
Provisions for secrecy
specified in the directions.
of certain designs
(2)
Regulations shall be made by the Minister under this Act for securing that the
representation or specimen of a design in the case of which directions are given under
this section shall not be open to inspection at the Designs Office during the continuance
in force of the directions.
(3)
Where the Registrar gives any such directions as aforesaid, he shall give notice of the
application and of the directions to the Minister, and thereupon the following provisions
shall have effect, that is to say:
(a)
the Minister shall, upon receipt of such notice, consider whether the publication
of the design would be prejudicial to the defence of Malawi and unless a notice
under paragraph © has previously been given by the Minister to the Registrar,
shall consider that question before the expiration of nine months from the date
of lodging of the application for registration of the design and at least once in
every subsequent year;
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