if the name or trade mark so applied is the name or trade mark of a manufacturer, producer, assembler, mixer of or trader in those goods in Malawi and the name or trade mark is applied with his consent. LAWS OF MALAWI Merchandise marks (3) 8. 10. The Minister may, by notice published in the Gazette, suspend, in relation to any goods or class of goods, the operation of subsection (1). (1) No person shall sell or for the purpose of advertising goods distribute in Malawi any goods manufactured, made, produced, assembled or mixed in Malawi or samples of such goods to which there is applied an offending mark unless there is also applied to those goods in the manner specified in section 10 the name of Malawi so as to indicate that those goods were manufactured, made, produced, assembled or mixed, as the case may be, in Malawi. (2) 9. Cap. 49:04 The Minister may, by notice published in the Gazette, suspend, in relation to any goods or class of goods the operation of subsection (1). No person shall import into Malawi any goods:­ (a) to which any forged trade mark or false trade description or to which any trade mark or a mark so nearly resembling a trade mark as to be likely to deceive is falsely applied; or (b) which it would be an offence to sell or distribute in terms of section 7 or 8. (1) Whenever the name of the country in which goods were manufactured, made, produced, assembled or mixed is applied to goods for the purposes of section 7 or 8 that name shall be applied in a conspicuous manner:(a) (i) the case where an offending mark is applied to the goods themselves, or (ii) (2) Prohibition of sa le of goods, whether made in Mala wi or else where, unless accompanied by indication of origin. in the case where an offending mark is applied to any covering, label or other attachment, either by means of such covering, label or other attachment or to the goods themselves; (b) so as to render unlikely the obliteration, ensure or detachment of such name in the ordinary course of handling prior to sale the consumer; and (c) In a prominent position and so placed that it can be easily read without detaching or unwrapping any part of the covering in which the goods may be offered for sale, or wherever an offending mark is applied. Notwithstanding subsection (1), the Minister may by notice published Importation of certain goods prohibited. Manner of application of mark.

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