LAWS OF MALAWI Merchandise marks Cap. 49:04 PRELIMINARY An Act to provide for the marking of goods for the prohibition of the use of certain emblems and for matters incidental thereto. (7TH MARCH, 1958) 1. This Act may be cited as the Merchandise Marks Act. 2. In this Act, unless inconsistent with the context – 17 of 1957(F) 17 of 1959(F) G.N. 5/1964(M) 137/1966 “apply to ” means to emboss, impress, engrave, etch or print upon, weave or otherwise work into or annex or affix to, and cognate expressions shall be construed accordingly; “bottle” means a bottle made of glass, earthenware or plastic material; “covering” includes any stopper, cask, bottle, vessel, box, cover, wrapper, capsule, case, frame or container; “customs officer” means any officer of the Department of Customs and Excise and any other person appointed by the Controller of Customs and Excise for the discharge of any duties in connection with the administration of the Customs and Excise Act; “false trade description” means a trade description which is false in a material respect as regards the goods to which it is applied and included every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description false or misleading in a material respect and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act. “goods” means anything which is the subject of trade, manufacture or merchandise. “goods assembled externally” means goods assembled in any country outside Malawi; “goods m anufactured e xternally” means goods manufactured, made or produced in any country outside Malawi; Cap. 42:01