LAWS OF MALAWI Registered Designs 5. 6. Registered Designs Cap. 49:05 (a) a Registrar of Designs who shall exercise the powers and perform the duties assigned to the Registrar by this Act and shall be responsible for its administration; and (b) one or more Deputy Registrars of Designs who shall, subject to the control of the Registrar, have all the powers conferred by this Act upon the Registrar; and (c) such examiners and other officers as the Minister may consider necessary for carrying out this Act. The seal of the Patent Office kept in terms of the Patents Act shall also be the seal of the Designs Office, and impressions thereof made for the purposes of this Act shall be judicially noticed Seal Cap. 49:02 (1) There shall be kept at the Designs Office for the purposes of this Act a register of designs wherein shall be entered all registered designs with the names and addressed of their proprietors, notifications of assignments and transmissions, and such other matters relating to Register of Designs registered designs as may be prescribed or as the Registrar may think fit. (2) Subject to this Act, the register of designs shall, at all convenient times, be open to inspection by the public, and certified copies, sealed with the seal of the Patent Office, of nay entry in the register shall be given to any person requiring them on payment of Register of Designs the prescribed fee. (3) The register of designs shall be prima facie evidence of nay matters required or authorized by or under tins Act to be entered herein. (4) No notice of any trust, whether expressed, implied or constructive, shall be entered in the register, and the Registrar shall not be affected by any notice. PART II REGISTRABLE DESIGNS AND PROCEEDINGS FOR REGISTRATION 7. (1) Subject to the following provisions of this section, a design may, upon application made by the person claiming to be the proprietor, his assignee or legal representative, be registered Designs registrable under this Act in respect of any article or set of articles specified in the application. under Act 7. (2) Subject to this Act, a design shall not be registered thereunder unless it is new or original and in particular shall not be so registered in respect of any article if it is the same as a design which before the date of the application for registration appears on the register or has been published in Malawi in respect of the same or any other article or differs from such a design only in immaterial details or in features which are variants commonly used in trade. (3) Regulations made by the Minister under this Act may provide for excluding from registration thereunder designs for such articles, being articles which are primarily literary or artistic in character, as the Minister thinks fit. (1) A design registered under the Protocol shall, subject to the provisions of the Protocol, Designs registered have effect in Malawi as if it were a design registered under this Act. under the Protocol 9 of 1985 6

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