LAWS OF MALAWI Merchandise marks Cap. 49:04 MERCHANDISE MARKS ARRANGEMENT OF SECTIONS SECTION 1 Short title 2 Interpretation PRELIMINARY PART I APPLICATION OF TRADE MARKS AND TRADE DESCRIPTIONS 3 Application of trade marks and trade description PART II MARKING OF GOODS AND PROHIBITIONS IN RELATION TO TRADE DESCRIPTIONS 4 5 6 7 8 9 10 11 12 13 14 15 16 Certain acts deemed to be a forgery of a trade mark Forgery of trade marks and other acts prohibited Prohibition of sale of goods bearing forged trade mark or false trade description Prohibition of sale of imported goods unless accompanied by indication of origin Prohibition of sale of goods, whether made in Malawi or elsewhere, unless accompanied by indication of origin Importation of certain goods prohibited Manner of application of mark Marking of goods on importation Removal of indication of origin from imported goods prohibited Indication of origin and compliance with specified standards in the case of certain classes of goods Indication of origin of certain goods may be prescribed Use of certain marks may be prohibited Submission of representations by interested persons PART III MISCELLANEOUS 17 18 19 20 21 22 23 24 Implied warranty on sale of marked good Sale of goods in bottles marked with owner’s name Appointment of inspectors and powers of police officers and inspectors Evidence Aiding and abetting offences Limitation of prosecution Offences and penalties Forfeiture

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