CHAPTER 49:04
MERCHANDISE MARKS

ARRANGEMENT OF SECTIONS

   SECTION

PRELIMINARY

   1.   Short title

   2.   Interpretation

PART I
APPLICATION OF TRADE MARKS AND TRADE DESCRIPTIONS

   3.   Application of trade-marks and trade descriptions

PART II
MARKING OF GOODS AND PROHIBITIONS IN RELATION TO TRADE MARKS AND TRADE DESCRIPTIONS

   4.   Certain acts deemed to be a forgery of a trade mark

   5.   Forgery of trade marks and other acts prohibited

   6.   Prohibition of sale of goods bearing forged trade mark or false trade description

   7.   Prohibition of sale of imported goods unless accompanied by indication of origin

   8.   Prohibition of sale of goods, whether made in Malawi or elsewhere, unless accompanied by indication of origin

   9.   Importation of certain goods prohibited

   10.   Manner of application of mark

   11.   Marking of goods on importation

   12.   Removal of indication of origin from imported goods prohibited

   13.   Indication of origin and compliance with specified standards in the case of certain classes of goods

   14.   Indication of origin of certain goods may be prescribed

   15.   Use of certain marks may be prohibited

   16.   Submission of representations by interested persons

PART III
MISCELLANEOUS

   17.   Implied warranty on sale of marked goods

   18.   Sale of goods in bottles marked with owner’s name

   19.   Appointment of inspectors and powers of police officers and inspectors

   20.   Evidence

   21.   Aiding and abetting offences

   22.   Limitation of prosecution

   23.   Offences and penalties

   24.   Forfeiture

17 of 1957(F)
17 of 1959(F)
G.N. 5/1964(M)
137/1966

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]

PRELIMINARY

1.   Short title

   This Act may be cited as the Merchandise Marks Act.

2.   Interpretation

   In this Act, unless inconsistent with the context—

   “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 connexion 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 includes 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 manufactured externally” means goods manufactured, made or produced in any country outside Malawi;

   “goods mixed externally” means goods the ingredients of which have been mixed in any country outside Malawi and were manufactured, made or produced in—

   (a)   a country other than the country in which they were mixed; or

   (b)   more than one country;

   “inspector” means an inspector appointed under section 19;

   “label” includes any band or ticket;

   “mix” includes blend and cognate expressions shall be construed accordingly;

   “name” includes any abbreviation of or addition to a name;

   “offending mark” means—

   (a)   in relation to goods manufactured externally, goods assembled externally or goods mixed externally—

      (i)   a mark applied to those goods containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Malawi or the name of any town, place or District in Malawi; or

      (ii)   a trade mark or trade description applied to those goods containing—

         (A)   a direct or indirect reference to any town, place or district outside Malawi; or

         (B)   a direct or indirect reference (other than the name of a country applied to those goods so as to indicate that they were manufactured, produced, assembled or mixed in that country) to a country outside Malawi;

   (b)   in relation to goods manufactured, made, produced, assembled or mixed in Malawi a trade mark or trade description applied to those goods containing a direct or indirect reference to any town, place, district or country outside Malawi;

   “police officer” means a member of the Malawi Police Force of or above the rank of Inspector;

   “sell” includes to expose for sale or have in possession for the purpose of sale or for any purpose of trade or commerce, and cognate expressions shall be construed accordingly;

   “trade description” means any description, statement or other indication, direct or indirect, as to—

   (a)   the number, quantity, measure, gauge or weight of any goods; or

   (b)   the standard of quality of any goods, according to a classification commonly used or recognized in the trade; or

   (c)   the name of the manufacturer, producer, assembler or mixer of any goods; or

   (d)   the place or country in which any goods were manufactured, made, produced, assembled or mixed; or

   (e)   the fitness for purpose, strength, performance or behaviour of any goods; or

   (f)   the mode of manufacturing, producing, assembling or mixing of any goods; or

   (g)   the material of which any goods are composed; or

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