LAWS OF MALAWI Registered Designs Cap. 49:05 (5) Where any use of a design is made by a Government department or any person authorized by the Minister under this section, then, unless it appears to the Minister that it would be contrary to the public interest so to do, the Minister shall notify the registered proprietor as soon as practicable after the use is begun, and furnish him with such information as to the extent of the use as he may from time to time require. (6) For the purposes of this Part any use of a design for the supply to the government of any country outside Malawi in pursuance of any agreement or arrangement between the Government of Malawi and the government of that country, of articles required for the defence of that country shall be deemed to be a use of the design for the services of the Government, and the power of a Government department or a person authorized by the Minister under this section to use a design shall include power: (7) 19. Registered Designs (a) to sell such articles to the government of any country in pursuance of any such agreement or arrangement as aforesaid; and (b) to sell to any person any articles made in the exercise of the powers conferred by this section which are no longer required for the purpose for which they were made. The purchaser of any articles sold in the exercise of powers conferred by this section, and any person claiming through him, shall have power to deal with them in the same manner as if the rights in the registered design were held on behalf of the Government. (1) In this section “exclusive licence” means a licence from a registered proprietor which confers on the licensee or on the licensee and person authorized by him, to the exclusion of all other persons (including the registered proprietor), any right in respect of the registered design (2) In relation to any use of a registered design, or a design in respect of which an application for registration is pending, made for the services of the Government: (a) by a Government department or a person authorized by the Minister under section 18, or (b) by the registered proprietor or applicant for registration to the order of a Government department. The provisions of any licence, assignment or agreement made, whether before or after the commencement of this Act, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than a Government department shall be of no effect so far as those provisions restrict or regulate the use of the design, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto; and the reproduction or publication of any model or document in connection with the said use shall not be deemed to be an infringement of any copyright subsisting in the model or document. 13 Right of third parties in respect of Government use