20 Trademarks No. 2 damages or grant any other remedy as the court may consider appropriate. (2) For purposes of this Act, an “act of unfair competition” means an act which is contrary to honest practices in industrial or commercial matters. (3) Notwithstanding subsection (2), the following shall constitute acts of unfair competition__ (a) any act of such a nature as to create confusion by any means whatever, with the establishment, goods or the industrial or commercial activities of a competitor; or (b) the making of a false allegation in the course of trade of such a nature as to discredit the establishment, goods, or industrial or commercial activities of a competitor. Cap. 48:09 Protection of well known marks Factors for determining well known marks (4) This provision shall apply in addition to provisions on unfair competition provided in the Competition and Fair Trading Act. PART VI__WELL KNOWN, COLLECTIVE AND CERTIFICATION MARKS 37. The Registrar shall not register a mark registered as a trademark if the mark is identical to, confusingly similar to or constitutes a translation of a trademark__ (a) or a trade name which is well known in Malawi as the trade mark of a person other than the applicant seeking registration and is used for identical or similar goods or services; or (b) which is registered with respect to goods or services which are not similar to those with respect to which registration is applied for: Provided that__ (i) use of the trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark; and (ii) the interests of the owner of the well-known mark are likely to be damaged by such use. 38.__(1) In determining whether a trademark is a well known mark, the Registrar shall take into account any circumstances from which it may be inferred that the mark is well known. (2) Notwithstanding the generality of subsection (1), the Registrar may consider any of the following factors in determining whether a trademark is well known__ (a) degree of knowledge or recognition of the mark in the relevant sector of the public;