LAWS OF MALAWI
Registered Designs
(4)
12.
Registered Designs
Cap. 49:05
(b)
for the purpose aforesaid, the Minister may, at any time after the design has
been registered or with the consent of the applicant, at any time before the
design has been registered, inspect the representation or specimen of the design
lodged in pursuance of the application.
(c)
if upon consideration of the design at any time it appears to the Minister that
the publication of the design would not, or would no longer, be prejudicial to
the defence of Malawi, the Minister shall give notice to the Registrar to that
effect;
(d)
on the receipt of any such notice the Registrar shall revoke the directions any
may, subject to such conditions, if any, as he thinks fit, extend the time for
doing anything required or authorized to be done by or under this Act in
connection with the application or registration, whether or not that time has
previously expired.
No person ordinarily resident or domiciled in Malawi shall, while In Malawi, except
under the authority of a written permit granted by or on behalf of the Registrar, make or
cause to be made any application outside Malawi for the registration of a design of any
class prescribed for the purposes of this section unless:
(a)
an application for registration of the same design has been made in Malawi not
less than six weeks before the application outside Malawi; and
(b)
either no directions have been given under subsection (2) in relation to the
application in Malawi or all such directions have been revoked.
(5)
If any person fails to comply with any direction given under this section or makes or
causes to be made an application for the registration of a design in contravention of this
section, he shall be guilty of an offence.
(6)
Where an offence under this section is committed by a body corporate, every person
who at the time of the commission of the offence is a director, general manager,
secretary or other similar officer of the body corporate, or is purporting to act in any
such capacity, shall be deemed to be guilty of that offence unless he proves that the
offence was committed without his consent or connivance and that he exercised all such
diligence to prevent the commission of the offence as he ought to have exercised having
regard to the nature of his functions in that capacity and to all the circumstances.
(1) An application for the registration of a design shall not be refused, and the registration of a
design shall not be invalidated, by reason only of -
Provisions as to
confidential disclosure etc.
(a)
the disclosure of the design by the proprietor to any other person in such
circumstances as would make it contrary to good faith for that other person to
use or publish the design.
(b)
the disclosure of the design in breach of good faith by any person other than the
proprietor of the design;
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