LAWS OF MALAWI Trade marks 70. Cap. 49:01 (1) Any person who:(a) for the purpose of deceiving the Registrar or any other officer of the Trade Marks Office in the execution of this Act; or (b) for the purpose of procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder, Deceiving or influencing the Registrar or an officer. makes or submits a false statement or representation, whether orally or in writing, knowing the same to be guilty of an offence. (2) Any person who, having innocently made a false statement or representation, whether orally or in writing, for the purpose of procuring or influencing the doing or omission of anything in relating to this Act or any matter thereunder and who on becoming aware that such statement or representation was false, fails to advise the Registrar forthwith of such falsity shall be guilty of an offence. 71. Any person who, after having been sworn, wilfully gives false evidence before the Registrar or the Tribunal concerning the subject matter of the proceeding in question, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence. 72. Save where otherwise provided in this Act, any person who is guilty of an offence under this Act shall be liable to a fine of £500 and to imprisonment for three years. 73. (1) Any person who qualifies under Article 2 or 3 of the Convention and who has applied for protection for any trade mark in a convention country or his legal representative or assignee (if such assignee is also so qualified) shall be entitled to registration of his trade mark in priority to other applicants; and the registration shall have the same date as the date of the application in the convention country:­ Witness giving false evidence. Penalties. Provided that:- (2) (a) the application for registration is made six months from the date of the application for protection in the convention country; (b) nothing in this section shall entitle the proprietor of a trade mark to recover damages for infringements happening prior to the actual date on which his trade mark is registered un Malawi. Where applications have been made for the registration of a trade mark in two or more convention countries, the period of six months referred to in subsection (1) shall be reckoned from the date on which the earlier or earliest of those applications was made. Convention arrangements.

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