(2) Subject to the provisions of this Act, any person who sells or exposes or has in his possession for
sale or for any purpose of trade or manufacture, any goods to which any forged trade mark is
applied, or to which any trade mark or mark so nearly resembling that trade mark as to be
calculated to deceive is falsely applied, shall be guilty of an offence.
(3) For the purposes of this section, a person shall be deemed‐
(a) to forge a trade mark who either‐
(i) without the assent of the proprietor of the trade mark, makes that trade mark or mark so
nearly resembling that trade mark as to be calculated to deceive; or
(iii)
falsifies any genuine trade mark, whether by alternation, addition, effacement or
otherwise;
(b) falsely to apply to goods a trade mark if, without the assent of the proprietor of that trade mark,
applies that trade mark to goods,
unless he proves that he acted without infringing the right of the proprietor of the trade mark
Cap. 49:01 conferred by section 9 and 10 of the Trade Marks Act, and the expression “forged trade mark” shall
be construed accordingly.
(4) In any prosecution for an offence under subsection (1) (a) or (b) the burden of providing
the assent of the proprietor shall lie on the accused.
False 9. Subject to the provisions of this Act, any person who, in the course of any trade or business,
representa‐ gives, by whatever means , any false indication, direct or indirect, that any goods supplied by him
tions as to are of a kind supplied to any person, shall be guilty of an offence.
supply of
goods
Prohibited 10. (1) Subject to section 11, no person shall import or export any goods to which a false trade
Import and description or forged trade mark, which expression shall be construed in accordance with section 8
export of (3), is applied.
certain goods
(2) Any person who imports or exports any goods contrary to subsection (1) shall be guilty of an
offence unless he proves that‐
(a) he did not know, had no reason to suspect and could not with reasonable diligence have
found out that the goods are goods to which a false trade description or forged trade mark
is applied; or
(b) the goods are intended for trade or business.
(3) This section shall no apply to any goods in transit
Power to exempt 11. In relation to goods which are intended for dispatch to a destination outside Malawi, section 2
goods sold shall apply as if there were omitted from the matters included in the definition of “trade
for export description” in section 2 those specified in paragraph (a) thereof, and if the Minister by order
specifies any other of those matters for the purposes of this section 6 shall apply, in relation to
goods of that description which are intended for dispatch to a destination outside Malawi, as if
the matters so specified were also omitted from those included in the definition of “trade
description” in section 2.
PART III‐ ENFORCEMENT
Appointment 12. (1) The Minister may appoint any public officer to be an authorized officer for the purpose of
of authorized officer this Act.
6