LAWS OF MALAWI Registered Designs (2) Registered Designs Cap. 49:05 In any proceedings under this section to which a Government department is a party, the Government department may:(a) if the registered proprietor is a party to the proceedings, apply for cancellation of the registration of the design upon any ground which the deletion of a design may be ordered by the Tribunal under section 24; (b) in any case, put in issue the validity of the registration of the design without applying for its cancellation. (3) If in such proceedings as aforesaid any question arises whether a design has been recorded or applied as mentioned in section 18 and the disclosure of any document recording the design, or of any evidence of the application thereof, would, in the opinion of the Government department, be prejudicial to the public interest, the disclosure may be made confidentially to counsel appearing for the other party or to an independent expert agreed upon by the parties. (4) In determining under this section any dispute between a Government department and any person as to terms for the use of a design for the services of the Government, the Tribunal shall have regard to any benefit or compensation which that person or any person from whom he derives title may have received, or may be entitled to receive, directly or indirectly from any Government department in respect of the design in question. PART V ASSIGNMENTS, CORRECTIONS AND CANCELLATION 22. (1)Where any person becomes entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becomes entitled as mortgage, licensee or otherwise to any other interest in a registered design, he may apply to the Registrar in the prescribed manner for the registration of his title as proprietor or co-proprietor or, as the case may Registration of assignments etc be, of notice of his interest, in the register. (2) Without prejudice to subsection (10, an application for the registration of the title of any person becoming entitled by assignment to a registered design or a share in a registered design, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a registered design, may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be. (3) Where application is made under this section for the registration of title of any person, the Registrar shall, upon proof of title to his satisfaction:(a) where that person is entitled to a registered design or a share in a registered design, register him in the register as proprietor or co-proprietor of the design, and enter in that register particulars of the instrument or event by which he derives title; or (b) where that person is entitled to any other interest in the registered design, enter in that register notice of his interest, with particulars of the instrument, if any, creating it. 16

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos