SLAUGHTER OF CATTLE: SUBSIDIARY LEGISLATION APPLICATION OF ACT under s. 1 G.N. 127/1972 182/1972 Part I of the Act has been applied to the whole of the area specified below— The Blantyre District; The Lilongwe District.
AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES: SUBSIDIARY LEGISLATION APPLICATION OF ACT under s. 1 The Act has been brought into operation in relation to the Local Government Areas specified below— The City of Blantyre; The Municipality of Lilongwe; The Township of Zomba; The Township of Mzuzu. AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES (FORMS AND FEES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Forms 3. Fees FIRST SCHEDULE (FORMS) FORM NO. links later 1. Register of Commercial Garage Proprietors and Commercial Garages PART IREGISTER OF PROPRIETORS PART IIREGISTER OF COMMERCIAL GARAGES 2. Notice of Intention to Apply for Registration/Renewal of Registration 3. Notice of Intention to Apply for Transfer of Registration 4. Application for Registration/Renewal of Registration of a Commercial Garage Proprietor and Commercial Garage 5. Application for Transfer of Registration 6. Certificate of Registration 7. Notice of Refusal of Application for Registration/Renewal of Registration 8. Notice of Refusal of Application for Transfer of Registration 9. Complaint 10. Notice of Hearing of Complaint 11. Witness Summons 12. Summons to Attend and Produce Documents 13. Notice of striking-off Register and Cancellation of Registration 14. Notice of Cancellation of Registration by the Minister 15. Notice of Caution 16. Notice of Suspension of Registration 17. Notice to Appear and Show Cause 18. Notice to Appear and Answer Questions 19. Notice of Reinstatement of Registration 20. Statement of Garage Proprietor on Replaced Parts Schedules G.N. 147/1972151/198132/199823/200427/202061/2024 AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES (FORMS AND FEES) REGULATIONS under s. 35 1. Citation These Regulations may be cited as the Automotive Trades Registration and Fair Practices (Forms and Fees) Regulations. 2. Forms The forms set out in the First Schedule to these Regulations shall be used for the purposes of the Act and the particulars contained therein are hereby prescribed as the particulars required under the Act. 3. Fees The fees specified in the Second Schedule to these Regulations shall be payable under the Act. FIRST SCHEDULE reg. 2 REGISTER OF COMMERCIAL GARAGE PROPRIETORS AND COMMERCIAL GARAGES FORM 1 PART I PAGE No. REGISTER OF PROPRIETORS Name of Registered Proprietor: ……………………………..Registration Number: …………………………….. ……………………………………………Date of Registration: …………………………….. Address: …………………………………………….. …………………………………………….. Fee Paid on Registration of Proprietor and Annual Renewals Name of Commercial GarageLocation of Commercial Garage and Telephone No.Registration No. of GarageAmount of Fee Paid on Reg. of Proprietor GR. No. and DateGeneral Receipt No. and DateGeneral Receipt No. and DateGeneral Receipt No. and DateGeneral Receipt No. and DateGeneral Receipt No. and DateNote of TransfersRemarks FORM 1 REGISTER OF COMMERCIAL GARAGE PROPRIETORS AND COMMERCIAL GARAGES PART II Page No. REGISTER OF GARAGES Fee Paid on Registration of Garage and Annual Renewals Registration No.Date of RegistrationName of Commercial Garage and Proprietor (Show also Reg. No. of Proprietor)Location of Commercial Garage and, Telephone No.Amount of Fee Paid on Reg. of Garage GR. No. and DateGeneral Receipt No. and DateGeneral Receipt No. and DateGeneral Receipt No. and DateGeneral Receipt No. aid DateGeneral Receipt No. and DateNote of Transfers Fee Paid GR. No. on Transfer and DateRemarks FORM 2 GOVERNMENT OF MALAWI AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES ACT (CAP. 50:05) NOTICE OF INTENTION TO APPLY FOR REGISTRATION/ RENEWAL OF REGISTRATION (SECTION 15(2)) Take Notice that (1)Name of Proposed Applicant …………………………………………………………………………… of (2)Address ………………………………………………………………………………………… intends to apply to the Automotive Trades Registration Board for registration/ renewal of registration of (3)Name of Proposed Applicant………………………………………………………………………………………………………………………………………………………………………………………………………………………………as a Commercial Garage Proprietor in respect of premises situated at ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… and for registration/renewal of registration of such premises as a Commercial Garage. Dated this …………………… day of ……………………………….., 197….. Signed ……………………….. Applicant FORM 3 GOVERNMENT OF MALAWI AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES ACT ( CAP. 50:05) NOTICE OF INTENTION TO APPLY FOR TRANSFER OF REGISTRATION (SECTION 15(2)) Take Notice that (1)Name of proposed applicant ……………………………………………………………………………….. of (2)Address ………………………………………………………………………………………….. intend to apply to the Automotive Trades Registration Board for transfer of registration from (3)Name of Garage Proprietor…………………………………………………………………………………………………………………………………………………….to me in respect of a registered Commercial Garage (4)Name of Commercial Garage ………………………………………………………………………………………………………………………………………………………………situated at ……………………………………………………………………………………………………for which the said (5)Name of Garage Proprietor ……………………………………………………………………………………………………………………………………………………………………….. is the registered proprietor. Dated this ……………………………… day of ……………………………., 197….. Signed ………………………….. Applicant FORM 4 GOVERNMENT OF MALAWI AUTOMOTIVE TRADES REGISTRATION AND FAIR PRACTICES ACT ( CAP. 50:05) APPLICATION FOR REGISTRATION/RENEWAL OF REGISTRATION OF A COMMERCIAL GARAGE PROPRIETOR AND COMMERCIAL GARAGE (SECTION 15(1)) Form to be completed in block letters and submitted in duplicate 1. Full name of applicant……………………………………………………………………………. 2. Nationality of applicant …………………………………………………………………………… 3. Postal address of applicant ……………………………………………………………………. 4. Description and location of premises used or proposed to be used as commercial garage. (a) Description………………………………………………………………………………………………. (b) Location:Village, road or street name…………………………………………………………… Chief (if applicable) ……………………………………………………………………… Town or District ………………………………………………………………………….. (c) Please state if plot is freehold, leasehold or customary land (give plot No. if applicable) …………………………………… ………………………………………………………………………………………………….. 5. If application is for renewal, insert current registration numbers of registered proprietor and registered garage…
SECOND-HAND AND SCRAP METAL DEALERS: SUBSIDIARY LEGISLATION SECOND-HAND AND SCRAP METAL DEALERS REGULATIONS under s. 19 G.N. 73/197210/2024 1. Citation These Regulations may be cited as the Second-hand and Scrap Metal Dealers Regulations. A. REGISTERS OF DEALERS 2. The Register The Register of Second-hand and Scrap Metal Dealers shall be in two Parts, consisting of— (a) Part I—Register of Second-hand Dealers, which shall be in Form A in the First Schedule; and (b) Part II—Register of Scrap Metal Dealers, which shall be in Form B in the First Schedule, and shall be maintained by the Registrar designated in accordance with section 3 (2) of the Act. 3. Place where Register to be kept The Register shall be kept at such place as is appointed by the registering authority from time to time, by Gazette notice, and shall be in the custody and under the control of the Registrar. 4. District Registers (1) Upon the registration of any second-hand or scrap metal dealer in the Register, the Registrar shall cause a copy of the particulars entered in the Register in respect of such dealer to be sent to the Assistant Registrar of each District in which such dealer has premises which are registered as premises where second-hand goods or scrap metal, as the case may be, are sold or stored by the registered dealer, and the Assistant Registrar of such District shall enter such particulars in respect of such dealer, and of such registered premises as are within the District, in the appropriate Part of the relevant District Register maintained by such Assistant Registrar for the purpose of the Act. (2) District Registers shall be in the Form of the Register, but shall not contain any entries other than those entered therein pursuant to subregulation (1). 5. Inspection of Registers The Register and all District Registers shall be available for inspection by any person at all reasonable times. 6. Discrepancies In the event of any discrepancy between particulars entered in the Register and particulars entered in any District Register in respect of any second-hand or scrap metal dealer, the entry in the Register shall be conclusive. 7. Certified copies of entries (1) A copy of any entry in the Register in respect of any second-hand or scrap metal dealer, as the case may be, certified as a true and correct extract therefrom by the Registrar, shall be evidence of the said entry and of the facts so entered in the Register in respect of the said second-hand or scrap metal dealer, as the case may be. (2) A copy of any entry in a District Register in respect of any second-hand or scrap metal dealer, as the case may be, certified as a true and correct extract therefrom by the Assistant Registrar, in whose custody and under whose control the said District Register is for the time being held, shall, unless the contrary is proved, be evidence of the entry and of the facts entered in the Register in respect of the said second-hand or scrap metal dealer. 8. Application for registration or renewal (1) Every application, under section 6(3) of the Act, for registration or renewal of registration as a second-hand dealer shall be in Form A in the Second Schedule. (2) Every application, under section 6(3) of the Act, for registration or renewal of registration as a scrap metal dealer shall be in Form B in the Second Schedule. (3) Every application shall be submitted in triplicate to the Assistant Registrar of the District in which the applicant’s principal place of business is located. (4) The Assistant Registrar shall retain one copy of such application and shall, as soon as is practicable, forward the other two copies, together with his report in duplicate on the suitability of the applicant and of the applicant’s premises located in his District, to the Registrar. 9. Ruling of Registering Authority (1) The Registrar shall, as soon as is practicable, forward one copy of every application and of every report received by him pursuant to regulation 8(4), together with his recommendations thereon, to the registering authority. (2) The registering authority may require any applicant to furnish to the authority a map or plan of any premises intended to be used by the applicant for the purposes of his business as a dealer. Such request shall be in writing and shall specify a time, being not less than 14 days, within which such map or plan shall be furnished. (3) The registering authority may, as a condition for registration, or for renewal of registration, require any applicant to make reasonable necessary structural alterations to any premises intended to be used in the course of or for the purposes of such applicant’s business as a dealer, for the purpose of rendering such premises more easily subject…
TOURISM AND HOTELS: SUBSIDIARY LEGISLATION HOTELS REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Forms of application 4. Procedure on application 5. Consideration of application 6. Grant of licence 7. Notification on change of ownership 8. Classification of hotels 9. Factors governing classification 10. Issue of notice of classification 11. Maximum charges fixed by the Board 12. Excessive charges an offence 13. List of charges to be displayed 14. Notice of classification to be displayed 15. Bedrooms to be numbered 16. Right to services 17. Monthly rates 18. Accommodation in a double room 19. Additional fees prohibited 20. Charges for full board terms 21. Bill to be supplied 22. Signature of notices etc., issued by the Board 23. Power of inspector 24. Particulars of classification to be published 25. Penalties Schedule G.N. 52/1968176/197110/197412/198225/2009 HOTELS REGULATIONS under s. 15 1. Citation These Regulations may be cited as the Hotels Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “accommodation” means the supply of a bed with clean, sufficient and suitable mosquito net, linen, bed-cover, and other bedding and includes the cleaning of the bedroom and any other supply or service which may reasonably be expected in an hotel of the class to which the licence relates; “application” means an application under these Regulations; “bath” includes the supply of adequate hot water, soap, towels, and cleaning of the bath and bathroom; “full board” means accommodation, early morning tea, breakfast, luncheon, afternoon tea, dinner and bath. “tourism enterprise” includes any business or undertaking that provides or offers goods and services for tourists, travellers and excursionists. 3. Forms of application (1) Any person required by the Act to obtain a licence to keep or manage an hotel shall submit an application to the Board in Form 1 in the Schedule. (2) Any person required by the Act to renew such licence shall submit an application to the Board in Form 2 in the Schedule. (3) Any person desiring to have such licence transferred shall submit an application to the Board in Form 3 in the Schedule. 4. Procedure on application (1) Upon receipt of an application the Board shall satisfy itself that the particulars set out therein are correct and shall cause such investigation or inspection of the premises concerned to be made as the Board may consider necessary. (2) Upon receipt of an application, the Board shall send a notice to the applicant acknowledging such receipt and specifying the date and place on and at which the Board will consider such application. 5. Consideration of application Upon the date appointed for the consideration of an application, the Board shall consider the particulars set out therein together with such reports of inspections and investigations as may have been called for, and, after making recommendations on the matter to the Minister and having received the Minister’s approval, may— (a) grant or refuse a licence; (b) fix the maximum charges to apply to the hotel in question; or (c) permit the hotel to be carried on without a licence for a period not exceeding three months pending further inquiry. 6. Grant of licence The licence granted by the Board in respect of an hotel shall be in Form 4 in the Schedule. 7. Notification on change of ownership When the ownership of an hotel changes, the holder of the licence shall forthwith furnish to the Board particulars of such change. 8. Classification of hotels The Board shall, with the approval of the Minister and in accordance with such principles as the Board may from time to time, by notice, declare, classify hotels into such classes as it may, by notice, specify. 9. Factors governing classification In determining the class to which a particular hotel belongs, the Board shall take into consideration all the factors relevant to the hotel of which it may reasonably become informed and, in particular, the following— (a) the standard of service provided and the degree of efficiency of the management and the staff; (b) the degree of comfort afforded, the quality of the equipment and furnishings, the proportion of the number of bathrooms to the number of bedrooms and the number of private bathrooms in proportion to the total number of bathrooms; (c) the standard of cleanliness throughout the hotel and the sanitary facilities provided; (d) the manner in which food is stored, prepared, cooked and served and the quality and quantity of the food; (e) the structure of the hotel buildings and the amenities provided by or in public rooms, the recreational facilities of the hotel and, where relevant, of its surrounding grounds. 10. Issue of notice of classification The Board shall upon classification of any hotel in accordance with these Regulations, send to the holder of the licence for such hotel a notice in writing in…
HIDE AND SKIN TRADE: SUBSIDIARY LEGISLATION APPLICATION OF ACT under s. 1 (2) G.N. 198/1954 The provisions of the Act which relate to dealing in hides and skins and to licences authorizing such dealing have been declared to extend to all classes of hides and skins throughout Malawi. HIDES AND SKIN TRADE RULES under s. 22 G.N. 108/19547/1955205/195822/196381/1963 1. Citation These Rules may be cited as the Hide and Skin Trade Rules, and shall come into force upon such date as the Minister may appoint by notice published in the Gazette*See commencement notice following these Rules.; Provided that the Minister may bring these Rules generally or any specified Rules into force either in relation to the whole of, any part of or any place in Malawi. 2. Interpretation In these Rules, unless the context otherwise requires— “buyer” means the holder of a buyer’s licence issued under the Act; “completely dried” means a suspension or ground dried hide or skin which when protected from rain and freely suspended under an impervious roof for 24 hours will not lose more than 3 per cent of its weight at the time of suspension by evaporation of water; “flaying” means the opening of and the separating of the hide or skin from its body attachments; “flaying knife” means a cutting implement with a curved blade not less than 5 inches long and sharpened on the curved edge with the blade curved upwards from the handle and ending in a rounded or blunted extremity; “pickling” means removing the hair or wool from a hide or skin and preserving its pelt by treatment with a solution of acid and salt; “prepared” means prepared in the manner prescribed by these Rules; “preserving” means treating a hide or skin chemically or physically in order to render it less putrescible; “processing” means subjecting a prepared or preserved hide or skin to any mechanical or chemical treatment preliminary to, or including, tanning; “protected” means protected from insect damage in the manner prescribed by these Rules; “slaughtering knife” means a long, pointed, sharp implement 8 inches to 20 inches in length; “suspension dried hide or skin” means a hide or skin which has been treated in the manner prescribed in rule 19; “tanning” means treating a hide or skin in order to convert its substance into leather. Buyers 3. Application for buyer’s licence (1) Every application for a buyer’s licence shall be made to the licensing officer of the area in which applicants’ premises are situate, and shall be in the English language and in the form set out in the First Schedule. (2) Every application shall be accompanied by the prescribed fee and by four unmounted photographs of the head and shoulders of the applicant which shall be approximately 2 1/2 inches by 2 inches in size. One photograph shall be signed on the back thereof by the applicant, whose signature shall be attested by a person of standing known to the licensing officer and considered by him to be a reputable person. (3) The fee for a buyer’s licence shall be 10s. (4) Every buyer’s licence shall be issued to the buyer in duplicate. One copy shall be in the form set out in the Second Schedule and one copy in the form set out in the Third Schedule. 4. Renewal of buyer’s licence An application for the renewal of a buyer’s licence shall be in writing and shall be accompanied by the prescribed fee for such licence and by the licence in the form set out in the Second Schedule. 5. Notice of prices (1) Every buyer shall display prominently at the premises to which his licence relates a notice specifying clearly the prices which he offers for each grade of suspension dried or ground dried hides and skins. Such notice shall be in the form set out in the Fourth Schedule. (2) The words and figures shall be clearly displayed in English words and Arabic numerals of not less than one inch in height. 6. Additional conditions for buyer’s licence In addition to the conditions prescribed by section 5 of the Act it shall be a condition of every buyer’s licence that the licensee or, if he is an employee, his employer shall— (a) equip and maintain the premises to which his licence relates to the satisfaction of an inspector and ensure that such premises conform with the requirements of every relevant Act; (b) provide and maintain in such premises the following facilities, material and equipment for marking hides and skins— (i) such light, natural or artificial, as will permit a clear and detailed observation of the hides and skins; (ii) a smooth, level surface measuring at least 3 feet square made of cement, wood or metal on which hides or skins should be placed for marking;…
COPYRIGHT: SUBSIDIARY LEGISLATION COPYRIGHT (LEVY ON STORAGE DEVICES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Levy on devices 4. Payment of levy 5. Collection of levy 6. Registration of importers and manufacturers 7. Distribution of levy 8. Exemption from levy payment 9. Refund of a levy 10. Record keeping 11. Confiscation and sealing of premises 12. Offences and penalty FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE G.N. 1/2018 COPYRIGHT (LEVY ON STORAGE DEVICES) REGULATIONS under s. 102 (4) 1. Citation These Regulations may be cited as the Copyright (Levy on Storage Devices) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “device” means a device for digital storage of copyright material; “Fund” means the Copyright Fund established under section 98 of the Act; “levy” means the levy imposed on devices pursuant to section 102 of the Act and regulation 3; “Minister” means Minister responsible for Finance; and “Society” means the Copyright Society of Malawi established under section 4 of the Act. 3. Levy on devices (1) Pursuant to section 102, the Minister shall impose a levy on devices listed in the First Schedule. (2) The Minister may, on recommendation of the Society, vary the list of copy devices in the First Schedule or the levy payable on such devices. 4. Payment of levy The levy payable under these Regulations shall be paid by— (a) a manufacturer of storage device material in the case of materials manufactured or produced or assembled in Malawi; and (b) an importer of storage devices at the point of entry into Malawi. 5. Collection of levy The levy shall be collected by the Authority responsible for collection of levies and deposited into the Fund. 6. Registration of importers and manufacturers (1) The Society shall develop and implement a system of voluntary registration of importers or manufactures of digital storage devices and equipment used for reproduction including merchant which assembles devices in Malawi. (2) The application form for registration shall be in the form in the Second Schedule. (3) Only registered importers or manufacturer shall be entitled to a refund in accordance with section 102 (2) of the Act. 7. Distribution of levy (1) The Society shall pay appropriate remuneration due to an author or an association entitled thereto out of the levy collected under these regulations. (2) The remuneration shall be distributed in accordance with procedures for distribution of royalties or other remuneration set by the Society as follows — (a) 10 per cent for administration distributed as follows— (i) 5 per cent to the revenue collection authority; and (ii) 5 per cent to the Malawi Government through Ministry of Finance; (b) the remaining 90 per cent shall be distributed as follows— (i) 20 per cent for the Society’s enforcement activities and administration; (ii) 10 per cent to the Fund; (iii) 30 per cent for musical works; (iv) 15 per cent for audio-visual works; and (v) 15 per cent for literary works. (3) The Society shall further distribute the remuneration for musical, audio-visual and literary works in accordance with the Distribution Rules of the Society. 8. Exemption from levy payment (1) The following shall not be subject to the levy— (a) materials manufactured in Malawi for purposes of export; and (b) institutions that represent persons with disability as may be approved by the Minister. (2) A manufacturer or importer of devices that fall under subparagraph (1), shall apply to the Minister for exemption from levy payment to export or import such devices or materials to manufacture the devices. 9. Refund of a levy (1) A manufacturer or importer of a device to which a levy is applied shall be entitled to a refund where evidence is presented to show that the placing of the device on the market is for commercial purposes and not for consumers, in accordance with section 102 (2) of the Act. (2) The application for a refund shall be made in the form in the Third Schedule. (3) The Society shall make the refund where the evidence presented under subparagraph (1) is in accordance with section 102 (2) of the Act. 10. Record keeping (1) All persons engaged in the manufacturing, assembling or importation of any material for which a levy has been prescribed in the First Schedule shall keep records and make periodic returns as may be required by the Society. (2) The records referred to in subparagraph (1) shall be made available for inspection by inspectors of the Society or any authorized person. (3) All persons engaged in the manufacture, assembling or importation of any material for which a levy has been prescribed shall grant access to the inspectors to carry out inspection of their premises. 11. Confiscation and sealing of premises (1) Where no exemption has been granted, the Society, authority responsible for collection of…
MERCHANDISE MARKS: SUBSIDIARY LEGISLATION NOTE The Merchandise Marks (Section 7 Suspension) Notice, 1960 (G.N. 74/1960)(F)), made under section 7, is not published here as it is to be replaced shortly. MERCHANDISE MARKS (SECTION 8 SUSPENSION) NOTICE under s. 8 (2) G.N. 190/1960(F)200/1962(F) 1. Citation This notice may be cited as the Merchandise Marks (Section 8 Suspension) Notice. 2. Citation The operation of section 8 (1) of the Act is suspended in relation to the following goods:— Milk which— (a) is produced by dairy herds in which each and every animal clearly shows the characteristics of the Jersey or Guernsey breed of dairy cattle with a complete absence of any other breed characteristic; and (b) contains a minimum of 13 per centum total milk solids and a minimum of 4.25 per centum milk fat, to which there is applied the following offending mark:— Channel Island 3. Classes of goods The operation of section 8 (1) of the Act is suspended in relation to the following classes of goods:— (a) “Innoxa” toilet preparations, including liquid perfumery, powders, washes, pomatums, cosmetics, pastes, dyes and hair oils, but not including tooth powders, tooth pastes and tooth washes; (b) “Innoxa” perfumes containing more than 2 per centum of alcohol by volume at a temperature of 51 degrees Fahrenheit, to which there is applied a trade mark or trade description containing a direct or indirect reference to any of the following places:— London Paris Sydney
REGISTERED DESIGNS: SUBSIDIARY LEGISLATION APPOINTMENT NOTICE under s. 4 G.N. 235/1965 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 REGULATION Preliminary 1. Citation 2. Interpretation PART IAPPLICATION FOR REGISTRATION OF DESIGNS 3. Form of application 4. Endorsement as to novelty 5. Application for registration under section 10 6. Representations or specimens to be furnished with application 7. Preparation of representations 8. In certain cases representations to be furnished in place of specimens 9. Portraits of President, armorial bearings, etc. 10. Designs excluded from registration under section 7 (3) 11. Convention applications PART IIPROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION OF A DESIGN AND EXTENSION OF PERIOD OF COPYRIGHT 12. Registrar’s objections 13. Decision of Registrar 14. Procedure on appeal from decision of Registrar 15. Certificate of registration 16. Non-completion 17. Death of applicant 18. Extension of period of copyright PART IIIASSIGNMENTS AND COMPULSORY LICENCES 19. Application for registration of title under section 22 20. Copies of documents 21. Particulars to be stated in application 22. Application for compulsory licence 23. Opposition 24. Hearing PART IVREGISTER OF DESIGNS 25. Alteration of entries in register 26. Correction of errors 27. Cancellation of registration 28. Costs 29. Searches 30. Certified copies of entries, etc. 31. Copy of certificate of registration 32. Designs not open to public inspection PART VMISCELLANEOUS 33. Fees 34. Forms 35. Size, etc., of documents 36. Address for service 37. Method and proof of service 38. Lodging of documents 39. Power of Registrar to fix time and place of proceedings 40. Agency 41. Signature of documents 42. Amendment of documents 43. Power of Registrar to waive requirements 44. Extension of time 45. Excluded days 46. Days and hours of business 47. Copy of application to Tribunal to be served on Registrar 48. Order of Court or Tribunal 49. Publication of order of Court or Tribunal First Schedule Fees payable to the Office Second Schedule Forms G.N. 273/1958(F)5/1964(M)166/196778/198047/199243/199735/20005/2006 REGISTERED DESIGNS REGULATIONS under ss. 7 and 58 Preliminary 1. Citation These Regulations may be cited as the Registered Designs Regulations. 2. Interpretation In these Regulations, unless inconsistent with the context— “agent” means an agent duly authorized to the satisfaction of the Registrar; “Office” means the Designs Office; “specimen” means an article with the design applied to it; “textile article” 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 IAPPLICATION FOR REGISTRATION OF DESIGNS 3. Establishment of Designs Office (1) An application for the registration of a design shall be signed by the applicant or his agent. The application shall be in form No. 1 or No. 2 or, in the case of a design to be applied to a set of articles, in form No. 3 or No. 4, as the case may be. (2) Where it is desired to register 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. Endorsement as to novelty 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. 5. Application for registration under section 10 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. 6. Representtions or specimens to be furnished with application (1) There shall be furnished in connexion with an application to register a design four identical representations of the design, in a form satisfactory to the Registrar, or…
PATENTS: SUBSIDIARY LEGISLATION APPOINTMENT NOTICE under s. 4 G.N. 234/1965 The Minister has appointed— (i) the Registrar General to be Registrar of Patents; (ii) the Assistant Registrar General to be Deputy Registrar of Patents. PATENTS TRIBUNAL RULES ARRANGEMENT OF RULES RULE PRELIMINARY 1. Citation 2. Interpretation PART IAPPEALS 3. Entry of appeal 4. Application for an extension of time in which to appeal 5. Notice of hearing 6. Evidence 7. Attendance of witnesses 8. Security on appeal 9. Abandonment or failure to prosecute appeal 10. Frivolous or vexatious appeals PART IIAPPLICATIONS AND OPPOSITIONS 11. Application for extension of patent 12. Application for compulsory licence in respect of patents relating to food or certain other commodities 13. Dispute as to Government use 14. Revocation of patent 15. Rectification of register 16. Hearing of applications 17. Evidence by affidavit 18. Costs PART IIIPATENT AGENTS 19. Procedure under section 69 (2) PART IVTAXATION OF COSTS 20. Registrar of Patents Tribunal to be Taxing Officer 21. Necessary and proper costs to be allowed 22. Scale of fees to be followed 23. Witnesses’ charges and allowances 24. Taxation of costs 25. Review of decision of Taxing Officer 26. Reference to Chairman in chambers PART VGENERAL 27. Adjournment of proceedings 28. Place of hearing 29. Forms 30. Fees 31. Endorsement of fee on document chargeable 32. Oath to be taken by assessors appointed under section 79 33. Remuneration of assessors 34. Witnesses’ allowances 35. Legal practitioners’ fees First Schedule Second Schedule G.N. 252/1957(F)5/1964(M)232/1965166/1967 PATENTS TRIBUNAL RULES under s. 81 PRELIMINARY 1. Citation These Rules may be cited as the Patents Tribunal Rules. 2. Interpretation In these Rules, unless inconsistent with the context— “Office” means the Patent Office; “Chairman” means the Chairman of the Patents Tribunal; “Tribunal” means the Patents Tribunal. PART IAPPEALS 3. Entry of appeal (1) Any person who desires to appeal to the Tribunal from a decision of the Registrar of Patents in any matter in which a right of appeal is given under the Act shall, within three months after the date of the decision, file with the registrar of the Tribunal a notice in form P.T. No. 1. (2) A notice of appeal shall state the nature of the decision appealed against and whether the appeal is from the whole or part only and, if so, what part of the decision, and shall be accompanied by a statement in writing of the appellant’s grounds of appeal. (3) The appellant shall send a copy of the notice of appeal to the Registrar of Patents and to any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar. (4) The appellant shall be responsible for the preparation of the record which shall be certified by the Registrar of Patents as correct in terms of subrule (7). (5) The Registrar of Patents as well as the parties or their legal practitioners shall endeavour to exclude from the record all documents (more particularly such as are purely formal) that are not relevant to the subject matter of the appeal, and generally to reduce the bulk of the record as far as practicable, and to avoid the production of unnecessary exhibits, taking special care to avoid the duplication of documents and the unnecessary repetition of headings, and furnish merely the formal particulars of documents; but the documents omitted to be copied shall be enumerated in a list to be placed after the index or at the end of the record. (6) The Registrar of Patents, after consultation with the registrar of the Tribunal, shall direct the number of copies of the record to be prepared, having regard to whether or not one or more assessors are likely to sit upon the hearing of the appeal. (7) After the completion of the preparation of the record the Registrar of Patents shall certify the record to be correct and forward it to the registrar of the Tribunal together with such copies thereof as he has directed to be prepared in terms of subrule (6). 4. Application for an extension of time in which to appeal (1) Any application for an extension of time in which to appeal shall be in form P.T. No. 2 and shall state briefly the grounds upon which the application is based and where facts are alleged such facts shall be verified by affidavit. (2) The application accompanied by supporting documents shall be delivered to the registrar of the Tribunal and copies shall forthwith be served by the appellant on the Registrar of Patents and on any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar. (3) The respondent shall be entitled to file an affidavit in reply within fourteen days from the date of service or within such longer…
PERSONAL PROPERTY SECURITY: SUBSIDIARY LEGISLATION PERSONAL PROPERTY SECURITY REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIADMINISTRATION OF THE PERSONAL PROPERTY SECURITY REGISTRY 3. Registrar of the Personal Property Security Registry 4. Access to the Registry 5. Conditions for the provision of Registry services PART IIIREGISTRATION OF FINANCING STATEMENTS 6. When financing statement may be registered and authorization to register 7. All required information to be provided 8. Duties and responsibilities of the Registry 9. Duties of a secured party PART IVSEARCHES AT THE REGISTRY 10. Searchable record and criteria 11. Requirements for searching 12. Search results and certificates 13. Search and effectiveness of the financing statement PART VFINANCING STATEMENTS 14. Information required in an initial financing statement 15. Identification information of a debtor who is an individual 16. Identification information of a debtor who is an organization 17. Change of identification number 18. Identification of secured party 19. General requirements for description of a collateral 20. Description of serial-numbered goods 21. Term of effectiveness of the registration 22. Information required for registering prior security interest 23. Maximum amount of the secured obligation 24. Registration of a financing change statement 25. Information required in a financing change statement 26. Enforcement form 27. Cancellation of enforcement form 28. Discharge of registration PART VIMISCELLANEOUS MATTERS 29. Liability of the Registry 30. Registrar may enter into agreements 31. Judicial proceedings 32. Damages 33. Registry forms 34. Forms that satisfy the requirements of the Act 35. Other forms necessary for the implementation of the Act FIRST SCHEDULE SECOND SCHEDULE G.N. 6/2015 PERSONAL PROPERTY SECURITY REGULATIONS under s. 122 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Personal Property Security Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “address” means— (a) a physical address or a post office box number, city, postal code and district; (b) village, traditional authority and district; or (c) an electronic address; “amendment” means a modification of information contained in a registration to which the financing change statement relates; “initial financing statement registration number” means the unique identifier assigned to the initial financing statement on its registration that is permanently associated with such financing statement; “serial number” means— (a) in the case of a motor vehicle, the vehicle identification number marked or attached to the body frame by the manufacturer; (b) in the case of a boat and train, the serial number marked on or attached to the boat or train by the manufacturer; and (c) in the case of an aircraft, the registration marks assigned to the airframe by the relevant authority or the serial number marked on or attached to the airframe by the manufacturer; and “serial-numbered goods” means a motor vehicle, train, boat or aircraft that has a serial or identification number permanently marked on or attached to its principal part by a manufacturer or a relevant authority. PART IIADMINISTRATION OF THE PERSONAL PROPERTY SECURITY REGISTRY 3. Registrar of the Personal Property Security Registry (1) The Registrar General shall be the Registrar of the Personal Property Security Registry (in these Regulations otherwise referred to as the “Registry”) and shall supervise and administer the operation of the Registry. (2) In addition to the powers conferred to by the Act, the Registry shall also receive, store, and make accessible to the public registrations with respect to security interests in personal property for the purpose of implementing the purposes referred to in the Act. 4. Access to the Registry (1) Any person may have access to the Registry to submit financing statements or to conduct a search in accordance with the requirements of the Act and these Regulations. (2) Each office of the Registry shall be open to the public during the days and hours specified for that office by the Registrar. (3) Registry office locations and opening hours shall be published on the Registry’s website and posted at each office. (4) Notwithstanding subregulation (2), the Registrar may suspend access to the Registry or to Registry services in whole or in part only for maintenance or servicing purposes, or where circumstances arise that make it impossible or impractical to provide access. (5) Notice of the temporary suspension of access or service and its expected duration shall be published on the Registry’s website and at the offices of the Registry. 5. Conditions for the provision of Registry services (1) A financing statement shall not be registered if— (a) it is not submitted in the form prescribed in the First Schedule to these Regulations; (b) it does not provide the information prescribed in section 53 of the Act and regulation 14; (c) the person who filled in the information prescribed by section 53 of the Act did not identify himself in the manner prescribed by the Registry; or (d) a prescribed fee has…
