LAWS OF MALAWI
Registered Designs
36.
37.
38.
39.
40.
Registered Designs
Cap. 49:05
In any proceedings before the Tribunal under this Act, the parties to such proceedings may appear
in person, or be represented and appear by a legal practitioner, and in any case where the Tribunal
deems fit it may grant to the Registrar leave to intervene and he may thereafter appear or be so
represented.
Right of audience
The Tribunal may appoint any person with special expert knowledge to act as an assessor in an
advisory capacity in any case where it appears to such Tribunal that such knowledge is required
for the proper determination of the case.
Assessors
The Minister may make rules for regulating generally the practice and procedure of the Tribunal
and with respect to appeals or references to such Tribunal as to the time within which any
requirement of the rules is to be complied with, as to costs and expenses of and incidental to any
proceedings in such Tribunal, as to the fees to be paid to assessors, and in particular may make
rules providing for the summary determination of any appeal which appears to the Tribunal to be
frivolous or vexatious or to be brought for the purpose of delay.
Rules
Appeals under this Part, whether from decisions of the Registrar or orders or decisions of the
Tribunal, shall be brought within three months after the date of the decision or order in question,
or within such further time as the Tribunal or Court may allow upon application by the appellant
concerned.
Time for appeals
When any matter to be decided by the Registrar under this Act appears to him to involve a point
of law or to be of unusual importance or complexity, he may, after giving notice to the parties,
refer such matter to the Tribunal for a decision and shall thereafter, in relation to such matter, act
in accordance with the decision of the Tribunal or any decision substituted therefore on appeal to
References to Tribunal
any court.
By Registrar
41.
In any legal proceedings in which the validity of the registration of a design is contested and is
decided in favour of the registered proprietor of the design, the Tribunal or Court may certify to
that effect and, if it so certifies, then, in any subsequent legal proceeding in which the validity of
the registration comes into question, the registered proprietor of the design, on obtaining a final
order or judgment in his favour, shall have his full costs, charges and expenses as between
solicitor and client, unless in that subsequent proceeding the Tribunal or Court directs that he
Certification of validity
ought not to have them
42.
Any action or legal proceeding relating to the infringement in Malawi of copyright in a registered
Infringement action
design shall be brought in the High Court.
To be heard in
High Court
43.
(1) Where any person (whether entitled to or interested in a registered design or an application for
registration of a design or not) by circulars, advertisements or otherwise threatens any other
person with proceedings for infringement of the copyright in a registered design, any person
aggrieved thereby may bring an action against him in the High Court for any such relief as is
Remedy for groundless threats
mentioned in subsection (2).
of infringement proceedings
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