LAWS OF MALAWI Registered Designs (2) 17. Registered Designs Cap. 49:05 Nothing in this section shall affect the power of the Court to grant an injunction in any proceedings for infringement of copyright in a registered design. (1) At any time after design has been registered any person interested may apply to the Registrar for the grant of a compulsory licence in respect of the design on the ground that the design is not applied in Malawi by any industrial process or means to the article in respect of which it is registered to such an extent as is reasonable in the circumstances of the case; and the Registrar Compulsory licence may make such order on the application as he thinks fit in respect of registered design (2) An order for the grant of a licence shall, without prejudice to any other method of enforcement, have effect as if it were a deed executed by the registered proprietor and all other necessary parties, granting a licence in accordance with the order. (3) No order shall be made under this section which would be at variance with any of the provisions of the Convention. (4) An appeal shall lie from any order of the Registrar under this section. PART IV USE OF REGISTERED DESIGNS FOR SERVICES OF GOVERNMENT, ETC 18. (1) Notwithstanding anything in this Act, any Government department or any person authorized in writing by the Minister may use any registered design for the services of the Government in accordance with this section. Use of registered designs for services of the Government (2) If and so far as the design has before the date of registration thereof been duly recorded by or applied by or on behalf of a Government department otherwise than in consequence of the communication thereof directly or indirectly by the registered proprietor or any person from whom he derives title, any use of the design by virtue of this section may be made free of any royalty or other payment to the registered proprietor. (3) If and so far as the design has not been so recorded or applied as aforesaid, any use of the design made by virtue of this section at any time after the date of registration thereof, or in consequence of any such communication as aforesaid, shall be made upon such terms as may be agreed upon, either before or after the use, between the Minister and the registered proprietor with the approval of the Minister of Finance, or as may in default of agreement be determined by the Tribunal on a reference under section 21(1). (4) The authority of the Minister in respect of a design may be given under this section either before or after the design is registered and either before or after the acts in respect of which the authority is given are done, and may be given to any person, whether or not he is authorized directly or indirectly by the registered proprietor to use the design. 12

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