Malawi

General Information

• Capital: Lilongwe
• Population: 10 million
• Area: 118 484 km2
• Languages: English, Chichewa – official languages
• Exports: Tobacco; tea; sugar; coffee; peanuts; wood products
• Imports: Food; petroleum products; semi-manufactures; consumer goods; transportation equipment
• Currency: Malawian Kwacha

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Berne Union, Nice Agreement, Locarno Agreement, Hague Convention, member of ARIPO.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Ten prints of the trade mark - device marks.

Classification

International classification of goods (there is no provision for services). A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior existing registrations/applications.

Opposition

Opposition may be lodged within two months from the date of advertisement of the application.

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of seven years and, thereafter, renewable for further periods of fourteen years.

Licensing/Registered Users

Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the proprietor.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) A registered user agreement;
(b) Statutory declaration and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill

Requirements

(a) Deed of assignment, signed by both parties;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Imported goods that contain reference to any town, place, district or country must be marked with the country of origin. There are also mark of origin regulations on goods bearing the name of a firm or town in Malawi, and there are prohibitions on goods bearing unauthorised emblems.

Poisons must be clearly labelled with the word ‘CAUTION’ appearing on the label, together with the proportion of poison to total ingredients.

Patents

General

Patent protection is obtainable via a national filing. Malawi is a member of the International Convention, PCT, WTO and ARIPO.

Patentable Subject Matter

The Registrar may refuse to grant a patent for an invention of which the use would, in his opinion, be contrary to law or morality, or a substance used as food or medicine which is a mere mixture of known ingredients or of a process for producing such by a mere mixture.

Filing Requirements

Neither legalization nor notarisation of any documents is required. A specification in English is needed.

Novelty

An invention is new, if it has not been publicly used, worked, or publicly made known in Malawi, or described in books or other printed publications anywhere, before the filing date or the priority date. Novelty of an invention is not destroyed by disclosure prior to the filing date or priority date without the patentee´s knowledge or consent, provided that the matter disclosed was derived or obtained from the patentee, the invention had not been used by the patentee or his predecessor in title in Malawi prior to the filing date or priority date other than for the purpose of reasonable technical trial thereof, and the application was filed with reasonable diligence after learning of the disclosure.

Examination

Examination is to form only. There is a limited Novelty Examination for PCT national phase applications, based on international results.

Duration/Maintenance

The term is sixteen years from the date of filing with renewal fees being payable annually as from the third anniversary of the filing date. A six months grace period is available.

Working

Working is recommended during the third year from the date of grant of the patent or four years from the date of filing the application, whichever is the later, in order to avoid grant of compulsory licence.

Licences/Assignments

Licences and Assignmentsshould be registered to have effect against third parties.