PROTECTED FLAG, EMBLEMS AND NAMES

CHAPTER 18:03
PROTECTED FLAG, EMBLEMS AND NAMES

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    The Public Seal

    4.    Mutilation, defacing; etc. of protected emblems

    5.    Prohibition of improper use of emblems, colours, etc.

    6.    Restriction on use of protected names

    7.    Power of seizure

    8.    Power to revoke, etc.

    9.    Regulations

    10.    Sanction to prosecute

    11.    Minister may amend Second Schedule

        First Schedule

        Second Schedule

10 of 1967
24 of 2010
10 of 2012
9 of 2023

    An Act to safeguard the dignity of the Head of State, the National Flag, the Armorial Ensigns and the Public Seal and to prevent the improper use of the National Flag, the Armorial Ensigns, the Public Seal and of certain emblems, colours, names, words and likenesses for professional, commercial and other purposes and for matters incidental thereto and connected therewith

1.    Short title

    This Act may be cited as the Protected Flag, Emblems and Names Act.

2.    Interpretation

    (1) In this Act—

24 of 2010

    “National Flag” means the National Flag of Malawi declared in section 2 of the Constitution and of which the description and design are set out in Part I of the First Schedule;

    First Schedule

    “Armorial Ensigns” means the Armorial Ensigns of Malawi (also known as the National Coat of Arms, or the Coat of Arms of Malawi), the heraldic device of which the blazon and design are set out in Part II of the First Schedule;

    First Schedule

    “Public Seal” means the Public Seal of Malawi as provided under section 3 of which the design is set out in Part III of the First Schedule;

First Schedule

24 of 2010

10 of 2012

    “protected colours” means the colours of the National Flag, that is to say, black, red and green successively arranged in that order or arranged in any other order so nearly resembling that order as to be liable or calculated to deceive, or any colours or combination of colours which the Minister may, by order published in Gazette, add to the Second Schedule;

Second Schedule

    “protected emblem” means the National Flag, the Armorial Ensigns, the Public Seal, or any emblem, seal, flag, pennant, insignia, ensign, design or coat of arms of a kind specified in Part I of the Second Schedule or any recognizable part of a protected emblem;

Second Schedule

    “protected likeness” means any photograph, drawing, painting, sculpture or other pictorial or visual representation of the person for the time being holding any of the offices or dignities specified in Part II of the Second Schedule;

Second Schedule

    “protected name” means the national name of Malawi, and any of the names or words specified in Part III of the Second Schedule, and includes any abbreviation of any such name or word.

    (2) Any representation, or colourable imitation of any protected emblem or protected likeness, or any device or design or likeness which represents, purports to represent, or is capable of representing any protected emblem or protected likeness, or any device or design or likeness which so nearly resembles any protected emblem or protected likeness as to be calculated or likely to deceive shall be deemed to be a protected emblem or protected likeness as the case may be for the purposes of this Act.

3.    Interpretation

    (1) There shall be a Public Seal for Malawi which shall show the Armorial Ensigns with the words “Republic of Malawi” as circumscription.

    The Public Seal

    (2) The President shall be the custodian of the Public Seal, and the manner in which it is to be kept and used shall be in accordance with the directions of the President.

4.    Mutilation, defacing; etc. of protected emblems

    Any person who, in a public place, mutilates, defaces, burns, or performs an act which, in the circumstances, is calculated to or is likely to show disrespect of a protected emblem commits an offence and shall, upon conviction, be liable to a fine of K2,000,000 and imprisonment for six months.

9 of 2023

24 of 2010

5.    Prohibition of improper use of emblems, colours, etc.

    (1) Notwithstanding anything contained in any written law, no person shall, except with the written permission of the Minister—

    (a)    use or permit to be used in connexion with or in furtherance of any trade, business, calling or profession any protected emblem, protected name, protected likeness or the protected colours;

    (b)    use or display, or permit to be used or displayed, any protected emblem, protected name, protected likeness or the protected colours as an advertisement for any trade, business, calling or profession;

    (c)    use any protected emblem, protected name, protected likeness or the protected colours in the title of any patent or in any trade mark or design;

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