CHAPTER 18:03
PROTECTED FLAG, EMBLEMS AND NAMES

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   The Public Seal

   4.   Insulting President, National Flag, etc., an offence

   5.   Prohibition of improper use of emblems, colours, etc.

   6.   Restriction on use of protected names

   7.   Power of seizure

   8.   Power to revoke, etc.

   9.   Regulations

   10.   Sanction to prosecute

   11.   Minister may amend Second Schedule

       First Schedule

       Second Schedule

10 of 1967
24 of 2010
10 of 2012

An Act to safeguard the dignity of the Head of State, the National Flag, the Armorial Ensigns and the Public Seal and to prevent the improper use of the National Flag, the Armorial Ensigns, the Public Seal and of certain emblems, colours, names, words and likenesses for professional, commercial and other purposes and for matters incidental thereto and connected therewith

[28TH JULY 1967]

1.   Short title

   This Act may be cited as the Protected Flag, Emblems and Names Act.

2.   Interpretation

   (1) In this Act—

   “National Flag” means the National Flag of Malawi declared in section 2 of the Constitution and of which the description and design are set out in Part I of the First Schedule;

   “Armorial Ensigns” means the Armorial Ensigns of Malawi (also known as the National Coat of Arms, or the Coat of Arms of Malawi), the heraldic device of which the blazon and design are set out in Part II of the First Schedule;

   “Public Seal” means the Public Seal of Malawi as provided under section 3 of which the design is set out in Part III of the First Schedule;

   “protected colours” means the colours of the National Flag, that is to say, black, red and green successively arranged in that order or arranged in any other order so nearly resembling that order as to be liable or calculated to deceive, or any colours or combination of colours which the Minister may, by order published in Gazette, add to the Second Schedule;

   “protected emblem” means the National Flag, the Armorial Ensigns, the Public Seal, or any emblem, seal, flag, pennant, insignia, ensign, design or coat of arms of a kind specified in Part I of the Second Schedule or any recognizable part of a protected emblem;

   “protected likeness” means any photograph, drawing, painting, sculpture or other pictorial or visual representation of the person for the time being holding any of the offices or dignities specified in Part II of the Second Schedule;

   “protected name” means the national name of Malawi, and any of the names or words specified in Part III of the Second Schedule, and includes any abbreviation of any such name or word.

   (2) Any representation, or colourable imitation of any protected emblem or protected likeness, or any device or design or likeness which represents, purports to represent, or is capable of representing any protected emblem or protected likeness, or any device or design or likeness which so nearly resembles any protected emblem or protected likeness as to be calculated or likely to deceive shall be deemed to be a protected emblem or protected likeness as the case may be for the purposes of this Act.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.