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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