MERCHANDISE MARKS

CHAPTER 49:04
MERCHANDISE MARKS

ARRANGEMENT OF SECTIONS

    SECTION

PRELIMINARY

    1.    Short title

    2.    Interpretation

PART I
APPLICATION OF TRADE MARKS AND TRADE DESCRIPTIONS

    3.    Application of trade-marks and trade descriptions

PART II
MARKING OF GOODS AND PROHIBITIONS IN RELATION TO TRADE MARKS AND TRADE DESCRIPTIONS

    4.    Certain acts deemed to be a forgery of a trade mark

    5.    Forgery of trade marks and other acts prohibited

    6.    Prohibition of sale of goods bearing forged trade mark or false trade description

    7.    Prohibition of sale of imported goods unless accompanied by indication of origin

    8.    Prohibition of sale of goods, whether made in Malawi or elsewhere, unless accompanied by indication of origin

    9.    Importation of certain goods prohibited

    10.    Manner of application of mark

    11.    Marking of goods on importation

    12.    Removal of indication of origin from imported goods prohibited

    13.    Indication of origin and compliance with specified standards in the case of certain classes of goods

    14.    Indication of origin of certain goods may be prescribed

    15.    Use of certain marks may be prohibited

    16.    Submission of representations by interested persons

PART III
MISCELLANEOUS

    17.    Implied warranty on sale of marked goods

    18.    Sale of goods in bottles marked with owner’s name

    19.    Appointment of inspectors and powers of police officers and inspectors

    20.    Evidence

    21.    Aiding and abetting offences

    22.    Limitation of prosecution

    23.    Offences and penalties

    24.    Forfeiture

17 of 1957(F)
17 of 1959(F)
G.N. 5/1964(M)
137/1966

    An Act to provide for the marking of goods for the prohibition, of the use of certain emblems and for matters incidental thereto

PRELIMINARY

1.    Short title

    This Act may be cited as the Merchandise Marks Act.

2.    Interpretation

    In this Act, unless inconsistent with the context—

    “apply to” means to emboss, impress, engrave, etch or print upon, weave or otherwise work into or annex or affix to, and cognate expressions shall be construed accordingly;

    “bottle” means a bottle made of glass, earthenware or plastic material;

    “covering” includes any stopper, cask, bottle, vessel, box, cover, wrapper, capsule, case, frame or container;

    “customs officer” means any officer of the Department of Customs and Excise and any other person appointed by the Controller of Customs and Excise for the discharge of any duties in connexion with the administration of the Customs and Excise Act;

    “false trade description” means a trade description which is false in a material respect as regards the goods to which it is applied and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description false or misleading in a material respect and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;

    “goods” means anything which is the subject of trade, manufacture or merchandise;

    “goods assembled externally” means goods assembled in any country outside Malawi;

    “goods manufactured externally” means goods manufactured, made or produced in any country outside Malawi;

    “goods mixed externally” means goods the ingredients of which have been mixed in any country outside Malawi and were manufactured, made or produced in—

    (a)    a country other than the country in which they were mixed; or

    (b)    more than one country;

    “inspector” means an inspector appointed under section 19;

    “label” includes any band or ticket;

    “mix” includes blend and cognate expressions shall be construed accordingly;

    “name” includes any abbreviation of or addition to a name;

    “offending mark” means—

    (a)    in relation to goods manufactured externally, goods assembled externally or goods mixed externally—

        (i)    a mark applied to those goods containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Malawi or the name of any town, place or District in Malawi; or

        (ii)    a trade mark or trade description applied to those goods containing—

    (A)    a direct or indirect reference to any town, place or district outside Malawi; or

    (B)    a direct or indirect reference (other than the name of a country applied to those goods so as to indicate that they were manufactured, produced, assembled or mixed in that country) to a country outside Malawi;

    (b)    in relation to goods manufactured, made, produced, assembled or mixed in Malawi a trade mark or trade description applied to those goods containing a direct or indirect reference to any town, place, district or country outside Malawi;

    “police officer” means a member of the Malawi Police Force of or above the rank of Inspector;

    “sell”…