LAWS OF MALAWI
Registered Designs
(2)
44.
Registered Designs
Cap. 49:05
Unless in any action brought by virtue of this section the defendant proves that the acts
in respect of which proceedings were threatened constitute or, if done, would constitute,
an infringement of the copyright in a registered design, the registration of which is not
shown by the plaintiff to be invalid, the plaintiff shall be entitled to the following relief,
that is to say:(a)
a declaration to the effect that the threats are unjustifiable;
(b)
an injunction against the continuance of the threats; and
(c)
such damages, if any, as he has sustained thereby.
(3)
For the avoidance of doubt, it is hereby declared that a mere notification that a design is
registered does not constitute a threat of proceedings within the meaning of this section.
(4)
The defendant in any such action as aforesaid may apply, by way of counterclaim in the
action, for any relief to which he would be entitled in a separate action in respect of any
infringement by the plaintiff of the design to which the threats relate.
(1) When a party to proceedings before the Registrar or the Tribunal or an appellant is resident
outside Malawi, the Registrar or the Tribunal may order such party or appellant to give security,
Security for costs and
within such time as may be directed, for the costs of the proceedings or appeal..
taxation of costs
45.
46.
(2)
If the party or appellant ordered to give security for costs fails to do so within the time
directed, the Registrar or the Tribunal may treat the proceedings or appeal as abandoned
(3)
Where a bond is to be given as security for costs, it shall, unless the Registrar or the
Tribunal otherwise directs, be given to the party requiring the security.
(4)
Unless otherwise agreed between the parties, any costs awarded in terms of section
35(4) shall be taxed by the Registrar of the Tribunal in accordance with rules made
under this Part which taxation shall be subject to appeal to Tribunal, and any such costs
may be recovered by action in a court of competent jurisdiction.
(1) In all proceedings before the Tribunal under this Act, the costs of the Registrar shall be in the
discretion of the Tribunal, but the Registrar shall not be ordered to pay the costs of any of the
other parties.
Costs of Registrar
(1) Any party to any proceedings before the Tribunal may appeal in accordance with rules made
Appeal to High Court
under this Part from any order or decision of such Tribunal to the High Court.
(2)
Upon the hearing of an appeal under this section, the High Court may, without prejudice
to its other powers:(a)
confirm, set aside or vary the order or decision in question.
22