LAWS OF MALAWI
Registered Designs
Registered Designs
Cap. 49:05
PART X
APPLICATION AND TRANSITIONAL PROVISIONS
20 of 1936
59.
(1) Any design which immediately before the 1st January 1964, was registered in the former
Federation of Rhodesia and Nyasaland under any enactment relating to registered designs and
was protected under the former Registered Designs legislation and any design which immediately
before the date of commencement of the said legislation was registered in the United Kingdom
under any enactment relating to registered designs and was protected in Malawi under the United
Kingdom Designs (Protection) Ordinance (now repealed) shall be deemed to be registered under
this Act and the copyright in that design shall subsist in Malawi while copyright therein would
have subsisted in the said Federation or subsists in the United Kingdom as the case may be.
(2)
The Registrar may register a design referred to in subsection (1) upon application made
before the 31st December 1964, by a person appearing to the Registrar to be the
registered proprietor of that design in terms of the former Registered Designs legislation
or of an enactment relating to registered designs in the United Kingdom.
(3)
The copyright in a design registered under subsection (2) (a)
shall subsist in Malawi until the expiration of the current five year period for
which it would have subsisted at the date of such registration under the said Act
or as the case may be for which it is at the date of such registration subsisting in
the United Kingdom.
(b)
may on application be extended in terms of section 15(2). For the purposes of
determining the period for which the copyright may be so extended the date of
registration under subsection (2) shall be deemed to be the date of registration
in the said Federation or in the United Kingdom as the case may be.
(4)
Every application under this section shall be made in the prescribed form and shall be
accompanied by the prescribed fee.
(5)
In this section, the expression “the former Registered Designs legislation” means this
Act as in force from time to time prior to the 1st January 1964.
26
Application of Act
and transitional
proceedings