LAWS OF MALAWI |
Registered Designs | Registered Designs | Cap. 49:05 |
Registered Designs Regulations | | [Subsidiary] |
SUBSIDIARY LEGISLATION APPOINTMENT NOTICE
Under Section 4
The Minister has appointed – - (a)
- the Registrar General to be Registrar of Designs;
- (b)
- the Assistant Registrar General to be Deputy Registrar of Designs.
REGISTERED DESIGNS REGULATIONS
ARRANGEMENT OF REGULATIONS
PRELIMINARY
REGULATION
- Citation
- Interpretation
PART I APPLICATION FOR REGISTRATION OF DESIGNS
- Form of application
- Endorsement as to novelty
- Application for registration under section 10
- Representations or specimens to be furnished with application
- Preparation of representations
- In certain cases representations to be furnished in place of specimens
- Portraits of President, armorial bearings, etc.
- Designs excluded from registration under section 7(3)
- Convention applications
PART II
PROCEDURE ON RECEIPT OF APPLICATION
FOR REGISTRATION OF A DESIGN AND
EXTENSION OF PERIOD OF COPYRIGHT
- Registrar’s objections
- Decision of Registrar
- Procedure on appeal from decision of Registrar
- Certificate of registration
- 16.
- Non-completion
- Death of applicant
- Extension of period of copyright
LAWS OF MALAWI |
Registered Designs | Registered Designs | Cap. 49:05 |
Registered Designs Regulations | | [Subsidiary] |
PART III ASSIGNMENTS AND COMPULSORY LICENCES
REGULATION - Application for registration of title under section 22
- Copies of documents
- Particulars to be stated in application
- Application for compulsory licence
- 23.
- Opposition
- 24.
- Hearing
PART IV REGISTER OF DESIGNS
- Alteration of entries in register
- 26.
- Correction of errors
- Cancellation of registration
- 28.
- Costs
- 29.
- Searches
- Certified copies of entries, etc.
- Copy of certificate of registration
- Designs not open to public inspection
PART V MISCELLANEOUS
- Fees
- Forms
- Size, etc., of documents
- Address for service
- Method and proof of service
- Lodging of documents
- Power of Registrar to fix time and place of proceedings
- Agency
- Signature of documents
- Amendment of documents
- Power of Registrar to waive requirements
- Extension of time
- Excluded days
- Days and hours of business
- Copy of application to Tribunal to be served on Registrar
- Order of Court or Tribunal
- Publication of order of Court or Tribunal
LAWS OF MALAWI |
Registered Designs | Registered Designs | Cap. 49:05 |
Registered Designs Regulations | | [Subsidiary] |
| FIRST SCHEDULE |
Fees payable to the Office | |
| SECOND SCHEDULE |
Forms | |
Registered Designs Regulations [Subsidiary]
REGISTERED DESIGNS REGULATIONS
Under Sections. 7 and 58
G.N. 273/1958(F) 5/1964(M)
166/1967 78/1980 47/1992 43/1997 - These Regulations may be cited as the Registered Designs Regulations. Citation
- In these Regulations, unless inconsistent with the context - Interpretation
“agent” means an agent duly authorized to the satisfaction of the Registrar;
“Office” means the Designs Office;
“specimen” means textile piece goods, handkerchiefs and shawls, and includes such other classes of articles of a similar character as the Registrar may from time to time decide.
PART I APPLICATION FOR REGISTRATION OF DESIGNS
3. (1) An application for the registration of a design shall be singed by the applicant or his agent, The application shall be in form No. 1 or No. 2 or, in he case of a design to be applied to a set of articles, in form No. 3 or No. 4, as the case may be. Form of application - (2)
- Where it is desired to registered the same design in respect of more than one article, a separate application shall be made in respect of each article. In that case each application shall be numbered separately and shall be treated as a separate and distinct application.
- (3)
- Every application shall state the article to which the design is to be applied and that the applicant claims to be the proprietor thereof.
- (4)
- Except in the case of an application to register a design to be applied to a textile article, to wallpaper or to lace, the application shall further be accompanied by a statement of the features of the design for which novelty is claimed.
- (5)
- For the purposes of section 59(2) an application shall be made in form No. 1 or No. 3, as the case may be, subject to such modifications as the Registrar may approve.
4. The applicant shall, if required by the Registrar in any case so to do, endorse on each of the representations or specimens a statement satisfactory to the Registrar of the novelty claimed for the design. Endorsement
as to novelty
Registered Designs Regulations [Subsidiary]
5. If the application is for the registration of a design which has already been registered in respect of one or more articles, or consists of a registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and it is desired to claim the protection of section 10 for such application, it shall contain the number or numbers of the registration or registrations already effected. Application for
registration under section 10
6. (1) There shall be furnished in connection with an application to register a design for identical representations of the design, in a form satisfactory to the Registrar, or four specimens. Where representations are supplied the Registrar may at any time before registration require specimens or additional representations. Representations of
specimens to be furnished with application - (2)
- There shall be furnished in connection with an application for the registration of a design to be applied to a set of articles four identical representations of the design, in a form satisfactory to the Registrar, or four specimens.
- (3)
- The representations of the design to be applied to a set of articles shall show the design as applied to each different article included in the set.
7. (1) Each representation of the design, whether to be applied to a single article or to a set of articles, shall be upon paper of the size prescribed by regulation 35 and not on cardboard and shall appear on one side only of the paper. The figure or figures shall be placed in an upright position on the sheet. When more figures than one are shown, these shall where possible be on one and the same sheet, and each shall be designated perspective view, front view, plan or otherwise, as the case may be. Preparation of
representations - (2)
- When the representation furnished are drawings or tracings, they shall be in ink, and if on tracing cloth or tracing paper shall be mounted on paper of the size prescribed by regulation 35.
- (3)
- Where words, letters or numerals appear in the design but are not of the essence of the design, they shall be removed from the representations or specimens; where they are of the essence of the design the Registrar may require the insertion of a disclaimer of any right to their exclusive use.
- (4)
- Each representation of a design which costs of a repeating surface pattern shall show the complete pattern and a sufficient portion of the repeat in length and width, and shall not be of less size than 7 inches by 5 inches.
8. When specimen are furnished and are not, in the Registrar’s opinion, of a kind which can be conveniently mounted in a flat position by means of an adhesive upon paper, or by stitching on linen-backed sheets of paper of the size prescribed by regulation 35 and stored without damage to other documents, representations shall be furnished in place of specimens. In certain cases
representations to be furnished in place of specimens
Registered Designs Regulations [Subsidiary]
9. (1) Where a portrait of the President, or a reproduction of the armorial bearings, insignia, orders of chivalry, decorations or flags of any country, city borough, town, place, society, body corporate, institution or person appears on a design, the Registrar, before proceeding to register the design, shall, if he so requires, be furnished with a consent to the registration and use of such portrait or reproduction from such official or other person as appears to the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the design. Portraits of President
armorial bearings, etc
(2) Where the name or portrait of a living person appears on a design, the Registrar shall be furnished, if he so requires, with consent from such person before proceeding to register the design. In the case of a person recently deed the Registrar may call for consent from his legal representative before proceeding with the registration of a design on which the name or portrait of the deceased person appears.
10. There shall be excluded from registration under the Act designs to be applied to any of the following articles, namely-Designs excluded from
registration under section 7(3) - (a)
- works of sculpture other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process;
- (b)
- wall plaques and medals; and
- (c)
- printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dressmaking patterns, greeting cards, leaflets, maps, plans, postcards, stamps trade advertisements, trade forms, and cards, transfers and the like.
11. (1) An applied for registration under section 13 shall contain a declaration that the application in a convention country upon which the applicant relies is the first application made in a convention country in respect of the design, whether by the applicant or by any of whom he claims to be the legal representative or assignee, and shall specify in which such foreign application was made, or is to be deemed under section 13(3) to have been made, and the official date thereof. Convention
applications - (2)
- In addition to the representations or specimens lodged with every convention application there shall be lodged with the application or within three months thereafter a copy of the representation of the design filed or deposited in respect o the first application in a convention country, duly certified by the official chief or head of the Designs Office of the convention country, or otherwise verified to the satisfaction of the Registrar.
- (3)
- If any certificate or other document relating to the application is in a foreign language, it shall be accompanied by a transaction thereof in the English language verified to the satisfaction of the Registrar.
- (4)
- Save as provided by this regulation, all proceedings in connection with a convention application shall be taken within the times and in the manner prescribed by these Regulations.
Registered Designs Regulations [Subsidiary]
PART II
PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION
OF A DESIGN AND EXTENSION OF PERIOD OF OPYRIGHT
12. If the Registrar objects to an application for the registration of a design, he shall inform the applicant of his objections in writing, and unless within two months the applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application. Registrar’s
objections - If the applicant applies for a hearing, the decision of the Registrar at such hearing shall be
- communicated to the applicant in writing. Decision of Registrar
- If the applicant desires to appeal from the Registrar’s decision, he shall within one month from the date of the decision apply to the Registrar in form No. 5, requesting him to state in writing the grounds of, and the materials used by him in arriving at, his decision, Upon receipt of such application the Registrar shall send to the applicant such statement as aforesaid in writing, and the date when such statement is sent shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal. Procedure on appeal
from decision of Registrar - The certificate or registration of a design shall be in form No. 6, No. 7, or No. 9, whichever is
- applicable, and may be modified as directed by the Registrar. Certificate of registration
- The time prescribed for the purposes of section 9(4), which relates to non-completion of an application, shall be twelve months from the date of the application: Non-completion
- Provided that the application may be completed at any time after twelve months but within fifteen months of the date aforesaid, if a request for an extension of time is made in form No. 10 bearing the prescribed fee.
- In case of the death of any applicant for the registration of a design after the date of his application, and before registration of the design has been effected, the Registrar may, on being satisfied of the applicant’s death, enter in the register, in place of the name, address and nationality of such deceased applicant, the name, address and nationality of the person owning the design on such ownership being proved to the satisfaction of the Registrar. Death of applicant
- (1) An application for extension of the period of copyright for a second period of five years shall be made in form No. 11, and an application for extension of the period of copyright for a third period of five years shall be made in form No. 12. Convention
applications - (2)
- An application for extension of the period of copyright in a design registered by virtue of section 10 shall be made before the expiration of the period of copyright in the original registered design current at the date of lodging the application under section 10.
- (3)
- Where an application is made for registration of a design by virtue of section 10 and the period of copyright in the original registered design, current at the date of lodging the said application, expires before the completion of that application, registration shall not be effected until the copyright in the original registered design has been extended for a further period and an application has been lodged for the extension of the period of copyright in the design to be registered.
- (4)
- A request for an enlargement of time for payment of any fee payable for an extension of the period of copyright shall be made in form No. 13.
Registered Designs Regulations [Subsidiary]
PART III ASSIGNMENTS AND COMPULSORY LICENCES
19. (1) An application for the registration of the title of any person becoming entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becoming entitled as mortgage, licensee or otherwise to any interest in a registered design, shall be made-Application for
registration of title under section 22 - (a)
- in the case of an application under section 22(1) by the person becoming so entitled in form No. 14; and
- (b)
- in the case of an application under section 22(2) by the assignor, mortgagor, licensor of other party conferring the interest in form No. 15.
(2) Application may be made in form No. 6 for entry in the register of notification of any other document purporting to affect the proprietorship of a registered design.
20. (1) A copy of any document which is referred to in an application under regulation 19, duly certified to the satisfaction of the Registrar, shall be produced to the Registrar with the application. Copies of documents
(2) Unless the Registrar otherwise directs, the original of any other document so referred to shall be produced to him with the application, and a certified copy of any such document shall be lodged therewith, and such original document shall be returned to the person who produced it.
21. (1) An application under regulation 19(1) shall contain the name, address and nationality of the person claiming or stated to be entitled together with full particulars of the instrument, if any, under which title is claimed or given. Particulars to be
stated in application
(2) Where the name of a person is entered in the register as mortgage or license, such person, may, on making an application for the purpose in form No. 17, have a note entered in the register that he no longer claims to be mortgage or licensee, as the case may be.
Registered Designs Regulations [Subsidiary]
22. An application for the grant of a compulsory licence under section 17 shall be made in form No.
18. Such application shall be in duplicate and accompanied by a statement in duplicate setting out fully the nature of the applicant’s interest and the facts upon which he bases his case. Copies of the application and the statement of case shall be transmitted by the Registrar to the registered proprietor. Application for
compulsory licence
23. (1) If the registered proprietor desires to oppose the application he shall, within such time as the Registrar may allow, file a statement fully setting out the grounds on which the application is to be opposed and shall deliver to the applicant a copy thereof. Opposition - (2)
- The applicant shall, within such time as the Registrar may allow, file evidence in support of his case and shall deliver to the registered proprietor a copy thereof.
- (3)
- Within such time as the Registrar may allow, the proprietor may file evidence in answer and shall deliver to the applicant a copy thereof; and within such time as the Registrar may allow, the applicant may file evidence confined to matters strictly in reply and shall deliver to the proprietor a copy thereof.
- (4)
- No further evidence shall be filed by either party except by leave or on direction of the Registrar.
- (5)
- If any person fails to file in terms of this regulation any statement or evidence within the time allowed by the Registrar for the purpose, he shall be deemed to have abandoned his right to file such statement or evidence.
24. (1) On completion of the evidence, or at such other time as he may see fit, the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen day’s notice of the appointment. Hearing
(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall decide the matter and notify his decision to the parties.
PARTY IV PREGISTER OF DESIGNS
25. (1) A request by the registered proprietor of a design for the alteration of a name, nationality, address or address for service entered in the register in respect of his design shall be made in form No. 19 or 20, as the case may be. Alteration or
entries in register - (2)
- Before acting on a request to alter a name or nationality, the Registrar may require such proof of the alteration as he may think fit.
- (3)
- If the Registrar is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.
Registered Designs Regulations [Subsidiary]
26. (1) Where an applicant for registration or the registered proprietor of a design desires, under section 23, to correct an error, he shall make the application in form No. 21. Correction of errors
(2) The applicant shall, within such time as the Registrar may allow, file evidence in support of his case and shall deliver to the registered proprietor a copy thereof.
27. (1) Where the registered proprietor of a design desires to cancel his registration under section