World Intellectual Property Organization

Malawi

Registered Designs Regulations

 

 


LAWS OF MALAWI
Registered Designs Registered Designs Cap. 49:05
Registered Designs Regulations [Subsidiary]

SUBSIDIARY LEGISLATION APPOINTMENT NOTICE

Under Section 4

The Minister has appointed –

(a)
the Registrar General to be Registrar of Designs;
(b)
the Assistant Registrar General to be Deputy Registrar of Designs.
REGISTERED DESIGNS REGULATIONS

ARRANGEMENT OF REGULATIONS

PRELIMINARY

REGULATION
  1. Citation
  2. Interpretation
PART I APPLICATION FOR REGISTRATION OF DESIGNS
  1. Form of application
  2. Endorsement as to novelty
  3. Application for registration under section 10
  4. Representations or specimens to be furnished with application
  5. Preparation of representations
  6. In certain cases representations to be furnished in place of specimens
  7. Portraits of President, armorial bearings, etc.
  8. Designs excluded from registration under section 7(3)
  9. Convention applications

PART II
PROCEDURE ON RECEIPT OF APPLICATION
FOR REGISTRATION OF A DESIGN AND
EXTENSION OF PERIOD OF COPYRIGHT

  1. Registrar’s objections
  2. Decision of Registrar
  3. Procedure on appeal from decision of Registrar
  4. Certificate of registration
  5. 16.
    Non-completion
  6. Death of applicant
  7. Extension of period of copyright
LAWS OF MALAWI
Registered Designs Registered Designs Cap. 49:05
Registered Designs Regulations [Subsidiary]
PART III ASSIGNMENTS AND COMPULSORY LICENCES

REGULATION

  1. Application for registration of title under section 22
  2. Copies of documents
  3. Particulars to be stated in application
  4. Application for compulsory licence
  5. 23.
    Opposition
    24.
    Hearing
PART IV REGISTER OF DESIGNS
  1. Alteration of entries in register
  2. 26.
    Correction of errors
  3. Cancellation of registration
  4. 28.
    Costs
    29.
    Searches
  5. Certified copies of entries, etc.
  6. Copy of certificate of registration
  7. Designs not open to public inspection
PART V MISCELLANEOUS
  1. Fees
  2. Forms
  3. Size, etc., of documents
  4. Address for service
  5. Method and proof of service
  6. Lodging of documents
  7. Power of Registrar to fix time and place of proceedings
  8. Agency
  9. Signature of documents
  10. Amendment of documents
  11. Power of Registrar to waive requirements
  12. Extension of time
  13. Excluded days
  14. Days and hours of business
  15. Copy of application to Tribunal to be served on Registrar
  16. Order of Court or Tribunal
  17. Publication of order of Court or Tribunal
LAWS OF MALAWI
Registered Designs Registered Designs Cap. 49:05
Registered Designs Regulations [Subsidiary]
FIRST SCHEDULE
Fees payable to the Office
SECOND SCHEDULE
Forms

Registered Designs Regulations [Subsidiary]

REGISTERED DESIGNS REGULATIONS

Under Sections. 7 and 58

G.N. 273/1958(F) 5/1964(M)

166/1967 78/1980 47/1992 43/1997

  1. These Regulations may be cited as the Registered Designs Regulations. Citation
  2. In these Regulations, unless inconsistent with the context - Interpretation

agent” means an agent duly authorized to the satisfaction of the Registrar;

Office” means the Designs Office;

specimen” means textile piece goods, handkerchiefs and shawls, and includes such other classes of articles of a similar character as the Registrar may from time to time decide.

PART I APPLICATION FOR REGISTRATION OF DESIGNS

3. (1) An application for the registration of a design shall be singed by the applicant or his agent, The application shall be in form No. 1 or No. 2 or, in he case of a design to be applied to a set of articles, in form No. 3 or No. 4, as the case may be. Form of application

(2)
Where it is desired to registered the same design in respect of more than one article, a separate application shall be made in respect of each article. In that case each application shall be numbered separately and shall be treated as a separate and distinct application.
(3)
Every application shall state the article to which the design is to be applied and that the applicant claims to be the proprietor thereof.
(4)
Except in the case of an application to register a design to be applied to a textile article, to wallpaper or to lace, the application shall further be accompanied by a statement of the features of the design for which novelty is claimed.
(5)
For the purposes of section 59(2) an application shall be made in form No. 1 or No. 3, as the case may be, subject to such modifications as the Registrar may approve.

4. The applicant shall, if required by the Registrar in any case so to do, endorse on each of the representations or specimens a statement satisfactory to the Registrar of the novelty claimed for the design. Endorsement

as to novelty

Registered Designs Regulations [Subsidiary]

5. If the application is for the registration of a design which has already been registered in respect of one or more articles, or consists of a registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and it is desired to claim the protection of section 10 for such application, it shall contain the number or numbers of the registration or registrations already effected. Application for

registration under section 10

6. (1) There shall be furnished in connection with an application to register a design for identical representations of the design, in a form satisfactory to the Registrar, or four specimens. Where representations are supplied the Registrar may at any time before registration require specimens or additional representations. Representations of

specimens to be furnished with application

(2)
There shall be furnished in connection with an application for the registration of a design to be applied to a set of articles four identical representations of the design, in a form satisfactory to the Registrar, or four specimens.
(3)
The representations of the design to be applied to a set of articles shall show the design as applied to each different article included in the set.

7. (1) Each representation of the design, whether to be applied to a single article or to a set of articles, shall be upon paper of the size prescribed by regulation 35 and not on cardboard and shall appear on one side only of the paper. The figure or figures shall be placed in an upright position on the sheet. When more figures than one are shown, these shall where possible be on one and the same sheet, and each shall be designated perspective view, front view, plan or otherwise, as the case may be. Preparation of

representations

(2)
When the representation furnished are drawings or tracings, they shall be in ink, and if on tracing cloth or tracing paper shall be mounted on paper of the size prescribed by regulation 35.
(3)
Where words, letters or numerals appear in the design but are not of the essence of the design, they shall be removed from the representations or specimens; where they are of the essence of the design the Registrar may require the insertion of a disclaimer of any right to their exclusive use.
(4)
Each representation of a design which costs of a repeating surface pattern shall show the complete pattern and a sufficient portion of the repeat in length and width, and shall not be of less size than 7 inches by 5 inches.

8. When specimen are furnished and are not, in the Registrar’s opinion, of a kind which can be conveniently mounted in a flat position by means of an adhesive upon paper, or by stitching on linen-backed sheets of paper of the size prescribed by regulation 35 and stored without damage to other documents, representations shall be furnished in place of specimens. In certain cases

representations to be furnished in place of specimens

Registered Designs Regulations [Subsidiary]

9. (1) Where a portrait of the President, or a reproduction of the armorial bearings, insignia, orders of chivalry, decorations or flags of any country, city borough, town, place, society, body corporate, institution or person appears on a design, the Registrar, before proceeding to register the design, shall, if he so requires, be furnished with a consent to the registration and use of such portrait or reproduction from such official or other person as appears to the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the design. Portraits of President

armorial bearings, etc

(2) Where the name or portrait of a living person appears on a design, the Registrar shall be furnished, if he so requires, with consent from such person before proceeding to register the design. In the case of a person recently deed the Registrar may call for consent from his legal representative before proceeding with the registration of a design on which the name or portrait of the deceased person appears.

10. There shall be excluded from registration under the Act designs to be applied to any of the following articles, namely-Designs excluded from

registration under section 7(3)

(a)
works of sculpture other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process;
(b)
wall plaques and medals; and
(c)
printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dressmaking patterns, greeting cards, leaflets, maps, plans, postcards, stamps trade advertisements, trade forms, and cards, transfers and the like.

11. (1) An applied for registration under section 13 shall contain a declaration that the application in a convention country upon which the applicant relies is the first application made in a convention country in respect of the design, whether by the applicant or by any of whom he claims to be the legal representative or assignee, and shall specify in which such foreign application was made, or is to be deemed under section 13(3) to have been made, and the official date thereof. Convention

applications

(2)
In addition to the representations or specimens lodged with every convention application there shall be lodged with the application or within three months thereafter a copy of the representation of the design filed or deposited in respect o the first application in a convention country, duly certified by the official chief or head of the Designs Office of the convention country, or otherwise verified to the satisfaction of the Registrar.
(3)
If any certificate or other document relating to the application is in a foreign language, it shall be accompanied by a transaction thereof in the English language verified to the satisfaction of the Registrar.
(4)
Save as provided by this regulation, all proceedings in connection with a convention application shall be taken within the times and in the manner prescribed by these Regulations.

Registered Designs Regulations [Subsidiary]

PART II
PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION
OF A DESIGN AND EXTENSION OF PERIOD OF OPYRIGHT

12. If the Registrar objects to an application for the registration of a design, he shall inform the applicant of his objections in writing, and unless within two months the applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application. Registrar’s

objections

    1. If the applicant applies for a hearing, the decision of the Registrar at such hearing shall be
    2. communicated to the applicant in writing. Decision of Registrar
  1. If the applicant desires to appeal from the Registrar’s decision, he shall within one month from the date of the decision apply to the Registrar in form No. 5, requesting him to state in writing the grounds of, and the materials used by him in arriving at, his decision, Upon receipt of such application the Registrar shall send to the applicant such statement as aforesaid in writing, and the date when such statement is sent shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal. Procedure on appeal

from decision of Registrar

    1. The certificate or registration of a design shall be in form No. 6, No. 7, or No. 9, whichever is
    2. applicable, and may be modified as directed by the Registrar. Certificate of registration
    1. The time prescribed for the purposes of section 9(4), which relates to non-completion of an application, shall be twelve months from the date of the application: Non-completion
    2. Provided that the application may be completed at any time after twelve months but within fifteen months of the date aforesaid, if a request for an extension of time is made in form No. 10 bearing the prescribed fee.
  1. In case of the death of any applicant for the registration of a design after the date of his application, and before registration of the design has been effected, the Registrar may, on being satisfied of the applicant’s death, enter in the register, in place of the name, address and nationality of such deceased applicant, the name, address and nationality of the person owning the design on such ownership being proved to the satisfaction of the Registrar. Death of applicant
  2. (1) An application for extension of the period of copyright for a second period of five years shall be made in form No. 11, and an application for extension of the period of copyright for a third period of five years shall be made in form No. 12. Convention

applications

(2)
An application for extension of the period of copyright in a design registered by virtue of section 10 shall be made before the expiration of the period of copyright in the original registered design current at the date of lodging the application under section 10.
(3)
Where an application is made for registration of a design by virtue of section 10 and the period of copyright in the original registered design, current at the date of lodging the said application, expires before the completion of that application, registration shall not be effected until the copyright in the original registered design has been extended for a further period and an application has been lodged for the extension of the period of copyright in the design to be registered.
(4)
A request for an enlargement of time for payment of any fee payable for an extension of the period of copyright shall be made in form No. 13.

Registered Designs Regulations [Subsidiary]

PART III ASSIGNMENTS AND COMPULSORY LICENCES

19. (1) An application for the registration of the title of any person becoming entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becoming entitled as mortgage, licensee or otherwise to any interest in a registered design, shall be made-Application for

registration of title under section 22

(a)
in the case of an application under section 22(1) by the person becoming so entitled in form No. 14; and
(b)
in the case of an application under section 22(2) by the assignor, mortgagor, licensor of other party conferring the interest in form No. 15.

(2) Application may be made in form No. 6 for entry in the register of notification of any other document purporting to affect the proprietorship of a registered design.

20. (1) A copy of any document which is referred to in an application under regulation 19, duly certified to the satisfaction of the Registrar, shall be produced to the Registrar with the application. Copies of documents

(2) Unless the Registrar otherwise directs, the original of any other document so referred to shall be produced to him with the application, and a certified copy of any such document shall be lodged therewith, and such original document shall be returned to the person who produced it.

21. (1) An application under regulation 19(1) shall contain the name, address and nationality of the person claiming or stated to be entitled together with full particulars of the instrument, if any, under which title is claimed or given. Particulars to be

stated in application

(2) Where the name of a person is entered in the register as mortgage or license, such person, may, on making an application for the purpose in form No. 17, have a note entered in the register that he no longer claims to be mortgage or licensee, as the case may be.

Registered Designs Regulations [Subsidiary]

22. An application for the grant of a compulsory licence under section 17 shall be made in form No.

18. Such application shall be in duplicate and accompanied by a statement in duplicate setting out fully the nature of the applicant’s interest and the facts upon which he bases his case. Copies of the application and the statement of case shall be transmitted by the Registrar to the registered proprietor. Application for

compulsory licence

23. (1) If the registered proprietor desires to oppose the application he shall, within such time as the Registrar may allow, file a statement fully setting out the grounds on which the application is to be opposed and shall deliver to the applicant a copy thereof. Opposition

(2)
The applicant shall, within such time as the Registrar may allow, file evidence in support of his case and shall deliver to the registered proprietor a copy thereof.
(3)
Within such time as the Registrar may allow, the proprietor may file evidence in answer and shall deliver to the applicant a copy thereof; and within such time as the Registrar may allow, the applicant may file evidence confined to matters strictly in reply and shall deliver to the proprietor a copy thereof.
(4)
No further evidence shall be filed by either party except by leave or on direction of the Registrar.
(5)
If any person fails to file in terms of this regulation any statement or evidence within the time allowed by the Registrar for the purpose, he shall be deemed to have abandoned his right to file such statement or evidence.

24. (1) On completion of the evidence, or at such other time as he may see fit, the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen day’s notice of the appointment. Hearing

(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall decide the matter and notify his decision to the parties.

PARTY IV PREGISTER OF DESIGNS

25. (1) A request by the registered proprietor of a design for the alteration of a name, nationality, address or address for service entered in the register in respect of his design shall be made in form No. 19 or 20, as the case may be. Alteration or

entries in register

(2)
Before acting on a request to alter a name or nationality, the Registrar may require such proof of the alteration as he may think fit.
(3)
If the Registrar is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.

Registered Designs Regulations [Subsidiary]

26. (1) Where an applicant for registration or the registered proprietor of a design desires, under section 23, to correct an error, he shall make the application in form No. 21. Correction of errors

(2) The applicant shall, within such time as the Registrar may allow, file evidence in support of his case and shall deliver to the registered proprietor a copy thereof.

27. (1) Where the registered proprietor of a design desires to cancel his registration under section

25(1) he shall make application in form No. 22. Cancellation of registration

(2) An application for the cancellation of the registration of a design under section 25(2) shall be made in form No. 23, and shall be accompanied by a copy thereof and a statement in duplicate setting out fully the nature of the applicant’s interest and the facts on which he relies. A copy of the application shall be sent by the Registrar to the registered proprietor and thereupon regulations 23 and 24 shall apply.

  1. In the event of an application for the grant of a compulsory licence or for the cancellation of the registration of a design being uncontested by the proprietor, the Registrar in deciding whether costs should be awarded to the applicant shall consider whether proceedings might have been avoided if reasonable notice had been given by the applicant to the registered proprietor before the application was lodged. Costs
    1. (1) Where any person desires to obtain the information which he is entitled to obtain under section 28 and can furnish the registration number of the design, he shall apply in form No. 24 and the Registrar shall thereafter furnish him with the information aforesaid. Searches
      1. Where the applicant is unable to furnish the registration number of a design, he shall apply in form No. 25 and furnish in duplicate to the Registrar a representation or specimen of the design applied to an article and the Registrar shall thereupon make such search among designs applied to such articles as may be possible, and shall furnish such information as can properly be given.
      2. The Registrar shall, upon application for the purpose made in form No. 26, accompanied in duplicate by a representation or specimen of a design applied to an article, cause a search to be made among registered designs and state whether the design as applied to that article appears to be identical with, or closely to resemble, any registered design applied to such article of which the copyright is still existing.
  2. Copies of any entry in the register, or copies of, or extracts from, designs, representations, specimens and other public documents in the Office, or of or from registers and other records kept there, certified by the Registrar, may be furnished by the Registrar upon receipt of a request therefore in form No. 27 from any person who, if the Registrar thinks fit so to require, can show an interest in the entry, matter or thing to his satisfaction. The Registrar shall not be obliged to include in the certificate a copy of any representation or specimen, unless he is furnished by the applicant with a copy thereof suitable for the purpose. Certified copies of

entries, etc

Registered Designs Regulations [Subsidiary]

31. An application under section 30 for a copy of a certificate of registration shall be made in form No. 28 and shall be accompanied by evidence setting out fully and verifying the circumstances in which the original certificate of registration was lost or destroyed or cannot be produced. Copy of certificate

of registration

32. (1) Where the Registrar has given a direction under section 11(2) prohibiting or restricting the publication of a design, the representation or specimen of the design shall not be open to public inspection while such direction remains in force. Designs not open to

public inspection

(2) The period under section 27(2) during which a design shall not be open to inspection, except as provided in that section, shall be, as regards designs to be applied to textile articles, three years and as regards to be applied to wallpaper and lace, two years from the date of registration thereof.

PART V MISCELLANEOUS
  1. The fees to be paid in respect of the registration of designs and applications therefore, and in respect of other matters relating to designs arising under the Act, shall be those prescribed in the First Schedule. Fees
  2. The forms referred to in these Regulations are those set out in the Second Schedule and such forms shall be used in all cases to which they are applicable and may be modified as directed by the Registrar. Forms
  3. Subject to any directions that may be given by the Registrar, all applications, notices, statements, papers having representations affixed, or other documents authorized or required by the Act to be made, left or sent at or to the Office, shall be written, typewritten, lithographed or printed in the English language upon strong paper, in dark, indelible ink and, except where otherwise required, on one side only, or a size approximately 13 inches by 8 inches, and shall have on the left hand part thereof a margin of not less than 1½ inches. Size, etc., of documents
  4. Every person concerned in any proceedings to which these regulations relate, and every registered proprietor, shall furnish to the Registrar an address for service in Malawi and that address may be treated for all purposes connected with such proceedings or design as the address of the person concerned in the proceedings or the registered proprietor. Address for service
  5. (1) Where any notice, application or other document is required to be served on any person under

the Act, such service may be effected by the delivery of a copy thereof- Method and proof of service

a.
At the address for service furnished to the Registrar in terms of these Regulations; or
b.
To such person personally, or to his duly authorized agent; or
c.
At his residence or place of business or employment, to some responsible person there residing or employed.

Registered Designs Registered Designs Cap. 49:05

Registered Designs Regulations [Subsidiary]

  1. Any notice, application or other document sent to the Office by post shall not be deemed to have been given, made or lodged until it is actually received in the Office. Lodging of documents
  2. The Registrar may in any proceedings held before him decide the hours, times and places at which he will sit and he may adjourn any proceedings for such time and to such place as he may think fit. Power of Registrar

to fix time and place of proceedings

40. Any application, request or notice which is required or permitted by the Act or these Regulations to be made or given to the Registrar, and all other communications between an applicant or a person making such request or giving such notice and the Registrar, and between the registered proprietor of a design and the Registrar or any other person, may be signed, made or given by or through an agent. Agency

(2)
Any such applicant, person making request or giving notice, or proprietor may appoint an agent to act for him in any proceedings or matter before or affecting the Registrar under the Act and these Regulations by signing and sending to the Registrar an authority to that effect in form No. 30 or in such other written form as the Registrar may deem sufficient. In case of such appointment, service upon the agent of any document relating to the proceedings or matter shall be deemed to be service upon the person so appointing him, all communications directed to be made to such person in respect of the proceedings or matter may be addressed to such agent, and all attendances upon the Registrar relating thereto may be made by or through such agent. In any particular case the Registrar may require the personal signature or presence of an applicant, proprietor or other person.
(3)
The Registrar shall not be bound to recognize as such agent any person -
(a)
Who has been proved to him to have been guilty of conduct discreditable to an agent; or
(b)
Who has been convicted of a criminal offence and sentenced to imprisonment without the option of a fine; or
(c)
Who has been suspended form practice as a legal practitioner or whose name has been struck off a roll of legal practitioners whether in Malawi or elsewhere; or
(d)
Who has been adjudged guilty of conduct discreditable to a patent agent; or
(e)
Who has been suspended fro practice as a patent agent or whose name has been erased from the register of patent agents kept under the Patents Act and not subsequently restored. Cap. 49:02

41. A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and may be signed by a partner or by any other person who satisfies the Registrar that he is authorized to sign the document. Signature of documents

Registered Designs Regulations [Subsidiary]

(2) A document purporting to be signed for or on behalf of a body corporate, shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorized to sign the document.

    1. Any document lodged in any proceedings before the Registrar may if the Registrar thinks fit, be
    2. amended, and any irregularity in procedure may be rectified on such terms as he may direct. Amendment of documents
  1. (1) Where, under these Regulations, any person is required to do any act or thing, or any document or evidence is required to be produced or lodged the Registrar may, upon the production of such evidence and subject to such terms and conditions as he may think fit, modify or dispense with the doing of the act or thing or the production of lodging of the document or evidence if he is satisfied that it is reasonable so to do. Power of Registrar to

waive requirements

(2) The Registrar may allow an application for a design, although not in accordance with these Regulations, to be left on such terms and conditions as he may think fit. In any such case the Registrar shall require the applicant to comply with these Regulations within the time specified by him. Until the prescribed requirements are complied with no further action shall be taken by the Registrar in respect of the application.

44. (1) If in any particular case the Registrar is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceedings under these Regulations, not being a time expressly provided in the Act or prescribed by regulation 11(2), he may extend the time upon such notice to other parties, and proceedings thereon, and upon such terms as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceeding. Extension of time

(2) At any case of any proceedings before the Registrar, he may direct that such documents, information or evidence as he may require shall be lodged, and ma fix the period for the lodging thereof.

  1. Whenever the last day fixed by these Regulations for doing any act or thing at the Office shall fall on a day when the Office is not open, such day shall be an excluded day for the purpose of these Regulations, and it shall be an excluded day for the purpose of these Regulations, and it shall be lawful to do the act or ting on the first day following such excluded day which is not an excluded day. Excluded days
  2. The Office shall be open to the public and the register shall be open to inspection on payment of the fee specified in the First Schedule every weekday, except Saturday, between the hours of nine and twelve, and half past one and half past three, and on Saturday between the hours of nine and twelve; except on public holidays. Days and hours of

business

47. A copy of every application made to the Tribunal under the Act shall be served on the Registrar. Copy of application

to Tribunal to be served on Registrar

Registered Designs Regulations [Subsidiary]

48. (1) Where an order relating to a design has been made by any Court or by the Tribunal, the person in whose favour such order has been made shall forthwith file at the Office a certified copy of such order together with an application in form Nor. 31. Order of Court

or Tribunal

(2) The specimen or representation of a design shall thereupon be amended or the register rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be.

49. Whenever an order is made by any Court or by the Tribunal under the Act the Registrar may, if he thinks fit that the order should be made public, require the applicant or the appellant, as the case may be, to publish it in the Gazette. Publication of

Order of Court or Tribunal

FIRST SCHEDULE FEES PAYABLE TO THE OFFICE

The following fees shall be paid in respect of applications, registrations and other matters under the Act. Such fees must in all cases be paid before or at the time of doing the matter in respect of which they are to be paid.

Corresponding Designs Item Matter Amount Form No.

(a)
On application to register one design to be applied to a single article not being a textile article. 120.00 1 or 2
If made of lace 50.00 1 or 2
(b)
On application to register one design to be applied to a set of articles not being textile articles. 120.00 3 or 4
If made of lace 50.00 3 or 4
(c)
On application to register to register one design to be applied to a textile article. 50.00 1 or 2
(d)
On application to register a design under section 59(2) 50.00 1 or 3
  1. On application to Register to state grounds of decision and materials used under regulation 14. 200.00
  2. On request for extension of time within which an application for registration of a design may be completed.

Registered Designs Regulations [Subsidiary]

Corresponding Designs Item Matter Amount Form No.

(a)
not exceeding one month 50.00 10
(b)
not exceeding two months 80.00 10
(c)
not exceeding three months 120.00 10
  1. On application for extension of copyright under section 15(2) 120.00 11 or 12
    1. On request for enlargement of time for payment of fee for extension of copyright.
      1. not exceeding one month 50.00 10
      2. not exceeding two months 80.00 10
      3. not exceeding three months 120.00 10
    1. On request to enter subsequent proprietorship, etc., under regulation 19 made within six months from date of acquisition of proprietorship, etc.
      1. in respect of one design made after six but within twelve months from date of acquisition of proprietorship, etc. 50.00 14 or 15
      2. in respect of one design made after expiration of 80.00 10 twelve months from the date of acquisition of proprietorship etc 80.00 14 or 15
      3. in respect of one design 120.00 10
      4. on application covering more than one design similarly acquired. 15.00
  2. On application for entry of notification of document

in the register made within six months of date of
document.

(a)
in respect of one design made after six but within twelve months from date of document. 50.00 16
(b)
in respect of one design made after expiration of twelve months from date of document. 85.00 16
(c)
in respect of one design 120.00 16
(d)
on application covering more than one design for each additional design referred to in the same document as the first design. 15.00
LAWS OF MALAWI
Registered Designs Registered Designs Cap. 49:05
Registered Designs Regulations [Subsidiary]

Corresponding Designs Item Matter Amount Form No.

8. On application of mortgage, licensee, or other person for entry that he no longer claims such interest.

(a)
in respect of one design 20.00 17
(b)
for each additional design 15.00 17
  1. On application for compulsory licence under section 17. 200.00 18
    1. On application to enter change of name or nationality of registered proprietor in the register -
      1. in respect of one design 50.00 19
      2. for each additional design 20.00 19
    1. On application for alteration of address for service in the register -
      1. in respect of one design. 50.00 20
      2. for each additional design. 20.00 20
  2. On application under section 23 to correct error. 50.00 21
  3. On application by proprietor for cancellation under section 25(1). 50.00 22
  4. On application for cancellation of registration under section 25(1). 30.00 23
  5. On application for search under section 28 when registration under is supplied. 30.00 24
  6. On application for search under section 28 when registration number is not supplied. 50.00 25
  7. On application for search under regulation 29(3). 50.00 26
  8. On application for a certified copy of entries, etc., 50.00 26 under regulation 30. 30.00 27
  9. On application for a copy of certificate of 50.00 26 registration under regulation 31. 30.00 28

Registered Designs Regulations [Subsidiary]

Reg. 34 SECOND SCHEDULE FORMS

Corresponding From Matter Fee Item No.

  1. Application for registration of design (non-Convention) 1(a), (c) or (d)
  2. Application under section 13 of the Act for registration of design (Convention) 1(a) or (c)
  3. Application for registration of design to be applied to a set of articles (non-Convention). 1(b) or (d)
  4. Application under section 13 of the Act for registration of design to be applied to a set of articles (Convention). 1(b)

Registered Designs Regulations [Subsidiary]

Corresponding Designs Item Matter Amount Form No.

  1. On every authorization of an agent 20.00 30
  2. On application for entry of order of Court or Tribunal 20.00 31
  3. For inspection of register 20.00
    1. For certifying office copies, MSS, or photographic 20.00 30 or printed matter:-
      1. under seal 50.00 -
      2. other 30.00 -
  4. For inspecting documents, in respect of each 20.00 -application or design 20.00 -
  5. For making copies of documents, in respect of 20.00 30 each application or design. 200.00 -
  6. For typewritten copy of any document, for every 20.00 30 100 words. 10.00 -
  7. For photographic copy of any document or 20.00 30 drawing, per sheet Price as fixed by the

Registrar from time to time.

LAWS OF MALAWI
Registered Designs Registered Designs Cap. 49:05
Registered Designs Regulations [Subsidiary]
SECOND SCHEDULE
FORMS

Corresponding From Matter Fee Item No.

1 Application for registration of design (non-Convention) 1(a), (c) or (d)

  1. Application under section 13 of the Act for registration of design (Convention) 1(a) or (c)
  2. Application for registration of design to be applied to a set of articles (non Convention). 1(b) or (d)
  3. Application under section 13 of the Act for registration of design to be applied to a set of articles (Convention). 1(b)
  4. Application for statement of grounds of decision under regulation 14. 2
  5. Certificate of registration of design -
  6. Certificate of registration of design -
  7. Certificate of registration of design -
  8. Certificate of registration of design -
  9. Request for extension of time within which an application for the registration of a design may be completed. 3
  10. Application for extension of copyright in design for a second period of five years. 4
  11. Application for extension of copyright in design for a third period of five years. 4
  12. Request for enlargement of time for payment of fee for extension of Copyright in design. 5
  13. Application under regulation 19 by assignee, mortgage or licensee to enter subsequent proprietorship or interest in design in the register. 6
  14. Application under regulation 19 by assignor, mortgagor, licensor, etc., to enter subsequent proprietorship or interest in design in the register. 6
  15. Application for entry of notification of document in register 7
  16. Application by mortgage or licensee under regulation 21(2) for entry in register of note that he no longer claims such interest. 8
  17. Application for the grant of a compulsory licence under section 17 of the Act. 9

Registered Designs Regulations [Subsidiary]

Corresponding From Matter Fee Item No.

Application to enter alteration of name or nationality of registered
proprietor of design in register. 10
Application for alteration of address or address for service in register. 11
Request under section 23 of the Act for correction of error 12
Application by registered proprietor of design to cancel registration. 13
Application for cancellation of registration under section 25(2) of
the Act. 14
Request for information under section 28 of the Act when registration
number is supplied. 15
Request for search under section 28 of the Act when registration
number is not supplied 16
Request for search under regulation 29(3) 17
Request for general certificate of Registration (including
certificate of registration of a design) 18
Application for copy of certificate of registration of design 19
Certificate of service -
Form of authorization of agent 20
Application for entry of order of Court or Tribunal. 21

Registered Designs Regulations [Subsidiary]

Designs Form No. 1 Section.9 or 59 Regulation. 3
REGISTERED DESIGNS ACT (CAP. 49:05) Fee: 1(a)
Application for Registration of Design (Non-Convention)

Application is hereby made for registration of the accompanying design in the name of (1) ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………... (1) State full

name and address of applicant(s)

……………………………………………………………………..of who claim(s) to be the proprietor(s) thereof.

The design is to be applied to (2) ……………………………………………………………………………………………………………… ……………………………………………………………….…………………………………………….. (2) Here state the

article to which the design is to be applied as shown in the representations

(3)
The design has been previously registered for one or more other articles under No. ……………………..………………….
(4)
The design consists of the design previously registered under No. ……………… with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof. (3) and (4) delete one

or both paragraphs, if inapplicable

Dated this ……………….……………… day of ………………………………………………… 200…. ……………………………………………………. …………………………………………………….

My/Our address for service in Malawi – ……………………………………………………

………………………………………………………………..

……………………………………………………………….. (5) to be signed by the applicant(s) or his/their agent.

The Registrar The Designs Office

P.O. Box 100

BLANTYRE

Note: -Four identical representations or specimens of the design should accompany this form, and except in the case of an application in respect of a design to be applied to a textile article, to wallpaper or to lace, it should further be accompanied by a statement of the features of the design for which novelty is claimed.

Registered Designs Regulations [Subsidiary]
Designs Form No. 2 ss.9 or 13 Regulation. 3 and 11
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: 1(a) or (c)
Application under section13 of the Act for Registration of Design (Convention)

Application is hereby made for registration of the accompanying design in the name of

(1)
………………………………………………………………………………………
of ………………………………………………………………………………………
who claim(s) to be the proprietor(s) thereof (2) ……………………….………….
…………………………………………………………………………………………...
…………………………………………………………………………………………...
The design is to be applied to a (3) ……………………………………………………..
……………………………………………………………………………………………
(4)
The design has been previously registered for one or more other articles under No.
……………………………………………………………………………………………
(5)
The design consists of the design previously registered under No. ………………….
With modifications or variations not sufficient to alter the character or substantially to
affect the identity thereof.
Application for the design has been made in the following country:-
(6)
……………………………………………………………………………………….
on the following official date
(7)
………………………………………………………………………………………..
numbered (8) …………………………………………………………………………
Such application was the first application made in a convention country in respect of the
relevant design, whether by the applicant(s) or by any person of whom he/they claim(s)
to be the legal representative(s) or assignee(s), and the applicant(s) in the above-
mentioned country qualify/qualifies under (9) Article 2/3 of the Convention by reason
of being (9) a national(s) of/domiciled in/having a place of business in a member state,
namely ……………………………………………………………………………………
This application is made on the ground that I/we qualify/qualifies under the said (9)
Article 2/3 by reason of being (9) a national(s) of/ domiciled in/having a place of
business in a member state, namely ……………………………………………………..
and that to the best of my/our knowledge and belief there is no lawful ground of
objection to the registration of the design and that I/we request that the design may be
registered as of the date (7) ………………………………………………………………
Dated this ……………………………… day of ………………………………….. 200...
(10)
………………………………………………. My/Our address for service in Malawi:- …………………………………………………

………………………………………………….. The Registrar, The Designs Office

P.O. Box 100

BLANTYRE

NOTE: Four identical representations or specimens of the design should accompany this form, and, except in the case of an application in respect of a design to be applied to a textile article, to wallpaper or to lace, it should further be accompanied by a statement of the features of the design for which novelty is claimed.

(1)
State full name and address of applicant(s)
(2)
If the applicant is not the person who made the application in the convention country, the words “by virtue of”, followed by particulars of the instrument under which he claims, should be inserted here (3) Here state the article to which the design is to be applied as shown in the representations (4) and (5) Delete one or both paragraphs, if inapplicable (6) Here insert the name of the convention country in which the first application was made. (7) Here insert the official date of the first application in a convention country. (8) Here insert official number of first application in convention country
(9)
Delete whichever does not apply (10) To be signed by the applicant)s) or his/their agent.
LAWS OF MALAWI Registered Designs Cap. 49:05

Registered Designs Regulations [Subsidiary]

Designs Form No. 3 Section 9 or 59 Regulation 3.

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: 1(b) or (d)

Application for Registration of Design to be applied to a Set of Articles (Non-Convention)

Application is hereby made for registration of the accompanying design for a set of articles in the name of (1) ……………………………………………………………….. Of ………………………………………………………………………………………. …………………………………………………………………………………………… …………………………………………………………………………………………… who claim(s) to be the proprietor(s) thereof.

The design is to be applied to (2) ……………………………………………………….. …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ……………………………………………………………………………………………

(3)
The design has been previously registered for one or more other articles under No. ……………………………………………………………………………………………
(4)
The design consists of the design previously registered under No. ………………… with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof.
Dated this ……………………………. Day of .……………………………. 200….
(5)
………………………………………………. My/Our address for service in Malawi:-

………………………………………………… …………………………………………………..

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

NOTE: Four identical representations or specimens of the design should accompany this form, and, except in the case of an application in respect of a design to be applied to a textile article, to wallpaper or to lace, it should further be accompanied by a statement of the features of the design for which novelty is claimed.

(1)
State full names and addresses of applicant(s)
(2)
Here state the set of articles, and also the trade description of each of the articles comprised in the set to which the design is to be applied as shown in the representations.
(3)
and (4) Delete one or both paragraphs, if inapplicable.
(5)
To be signed by the applicant(s) or his/their agent.
LAWS OF MALAWI Registered Designs Cap. 49:05
Registered Designs Regulations [Subsidiary]
Designs Form No. 4 Section 9and 13 Regulation. 3 and 11.
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: 1(b)
Application under section 13 of the Act for Registration of Design to be Applied to a Set of Articles (Convention).

Application is hereby made for registration of the accompanying design in the name of (1) ………………………………….………………………………………………………………… Of …………………………………………………………………………………………………. being a national/nationals of ………………………………………………………….. who claim(s) to be the proprietor(s) thereof. (2) ……………………………………………………… ……………………………………………………………………………………………………… The design is to be applied to a (3) ………………………..…………………………………….. ……………………………………………………………………………………………………

(4)
The design has been previously registered for one or more other articles under No. ……………………………………………………………………………………………………
(5)
The design consists of the design previously registered under No. ………………… with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof.

Application for protection of the design has been made in the following county (6) …………………………………………………………………………………………… on the following official date (7) …………………………………………… numbered (8) ……………………………………………………………………………………… Such application was the first application made in a convention country in respect of the relevant design, whether by the applicant(s) or by any person of whom he/they claims to be the legal representative(s) or assignee(s), and the applicant(s) in the above-mentioned country qualify/qualifies under (9) Article 2/3 of the Convention by reason of being (9) a national(s) of/domiciled in/having a place of business in a member state namely …………………………………………………………………………………………… This application is made on the ground that I/We qualify/qualifies under the said (9) Article 2/3 by reason of being (9) a national(s) of/domiciled in/having a place of business in a member state, namely …………………………………………………….. and that to the best of my/our knowledge and belief there is no lawful ground of objection to the registration of the design and that I/We request that the design may be registered as of the date (7) ………………………………………………………………. Dated this ……………………………. Day of .……………………………. 200….

(10) ……………………………………………….

My/Our address for service in Malawi:-

…………………………………………………

………………………………………………….. The Registrar, The Designs Office

P.O. Box 100

BLANTYRE
NOTE: Four identical representations or specimens of the design should accompany this form, and,

except in the case of an application in respect of a design to be applied to a textile article, to

wallpaper or to lace, it should further be accompanied by a statement of the features of the

design for which novelty is claimed.

(1)
State full names and addresses of applicant(s)
(2)
If the applicant is not the person who made the application in the convention country, the words “by virtue of” followed by particulars of the instrument under which he claims, should be inserted here.
(3)
Here state the set of articles, and also the trade description of each of the articles comprised in the set to which the design is to be applied as shown in the representations.
(4)
and (5) Delete one or both paragraphs, if inapplicable.
(6)
Here insert the name of the convention country in which the first application was made.
(7)
Here insert the official date of the first application in a convention country.
(8)
Here insert official number of first application in convention country
(9)
Delete whichever does not apply.
(10)
To be signed by the applicant(s) or his/their agent.
LAWS OF MALAWI Registered Designs Cap. 49:05

Registered Designs Regulations [Subsidiary]

Designs Form No. 5 Section 9 Regulation 14.

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: 100

Application for Statement of Grounds of Decision under regulation 14

Application for Design No. ……………………………

Application is hereby made under regulation 14 of the Registered Designs Regulations for a statement in writing of the grounds of the decision dated the …………………….. day of …………………… 200… after the hearing on the …………………………. Day of …………………………………….. 200… and the materials used in arriving at such decision..

Dated this …………………………… day of …………………………………………………. 200…

……………………………………………… To be signed by the applicant(s) or his/their agent.

(1)

……………………………………………………. My/Our address for service in Malawi:- ………………………………………………… …………………………………………………..

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE LAWS OF MALAWI Registered Designs Cap. 49:05

Registered Designs Regulations [Subsidiary]

Designs Form No. 6 REGISTERED DESIGNS ACT (CAP. 49:05)

Certificate of Registration of Design

Number of Registration. ……………………………

This is to certify that, in pursuance of and subject to the to the provisions of the Registered Designs Act the design, of which a representation is annexed, has been registered in the name of …………………………. as of the …………………….. day of ……………………….. 200…, in respect of the application of such design to ………………………………………………………...

Sealed at my direction, this …………………………. day of …………………………………….. 200…

…………………………………. Registrar.

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

NOTE: Subject to the Act, copyright in this design will subsist for five years from the first above-mentioned date, and may be extended for two further periods, each of five years.

Registered Designs Regulations [Subsidiary]

Designs Form No. 7

REGISTERED DESIGNS ACT (CAP. 49:05)

Certificate of Registration of Design

Number of Registration. ……………………………

This is to certify that, in pursuance of and subject to the Registered Designs Act the design, of which a representation is annexed, has been registered in the name of ………………………………………………. as of the …………………….. day of ……………………….. 200…, in respect of the application of such design to ……………………………………………………………………………………………………...

The period of copyright conferred by the registration of this design does not extend beyond the expiration of the original and any extended period of copyright in registered design No. ……………………………..

Sealed at my direction, this ………………………… day of ……………………………………… 200…

…………………………………. Registrar.

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

NOTE: Copyright in this design will normally expire on the ……………………………….. but may, on application made in the prescribed manner, be extended for two further periods, each of five years, provided that the period of copyright in design No. ……………………………… be similarly extended.

Registered Designs Regulations [Subsidiary]

Designs Form No. 8

REGISTERED DESIGNS ACT (CAP. 49:05)

Certificate of Registration of Design

Number of Registration. ……………………………

This is to certify that, in pursuance of and subject to the Registered Designs Act the design, of which a representation is annexed, has been registered in the name of ………………………………………………. as of the …………………….. day of ……………………….. 200…, being the date on which application was made for protection of the design in a convention country, viz. …………………………………in respect of the application of such design to ……………………………………………………………...

Sealed at my direction, this ………………………… day of ……………………………………… 200…

…………………………………. Registrar.

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

NOTE: Subject to the Act, copyright in this design will subsist for five years from the first above-mentioned date, and may be extended for two further periods, each of five years.

Registered Designs Regulations [Subsidiary]

Designs Form No. 9

REGISTERED DESIGNS ACT (CAP. 49:05)

Certificate of Registration of Design

Number of Registration. ……………………………

This is to certify that, in pursuance of and subject to the Registered Designs Act the design, of which a representation is annexed, has been registered in the name of ………………………………………………. as of the …………………….. day of ……………………….. 200…, being the date on which application was made for protection of the design in a convention country, viz. ………………………………………. in respect of the application of such design to …………………………………………………………...

The period of copyright conferred by the registration of this design does not extend beyond the expiration of the original and any extended period of copyright in registered design No. ……………………………..

Sealed at my direction, this ………………………… day of ……………………………………… 200…

…………………………………. Registrar.

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

NOTE: Copyright in this design will normally expire on the ……………………………….. but may, on application made in the prescribed manner, be extended for two further periods, each of five years, provided that the period of copyright in design No. ……………………………… be similarly extended.

Registered Designs Regulations [Subsidiary]

Designs Form No. 10 Section 9(4) Regulation 16.
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: K3
Request for Extension of Time within which an Application for the Registration of a Design may be completed

I/We hereby apply for …………………………… month’s extension of time within which the application No. ……………………….. for the registration of a design may be completed.

Dated this ……………………………. Day of .……………………………. 200…. (1) State name and full address of to

(1) ……………………………………………….

which receipt is to

…………………………………………………

be sent.

…………………………………………………..

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE LAWS OF MALAWI Registered Designs Cap. 49:05

Registered Designs Regulations [Subsidiary]

Designs Form No. 11 Section 15(2) Regulation. 18.

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K80

Application for Extension of Copyright in Design for a Second Period of Five Years

I/We hereby apply for extension of the period of copyright in design No. ………………………… for a second period of five years.

Dated this ……………………………. Day of .……………………………. 200….

(1) ………………………………………………. (1) State name and full address of to

…………………………………………………

which certificate is

…………………………………………………..

to be sent.

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE
LAWS OF MALAWI
Registered Designs Registered Designs Cap. 49:05
Registered Designs Regulations [Subsidiary]

(This part of the form to be filled in at the Designs Office)

Certificate of Extension of Copyright in Design for the Second Period of five Years

The is to certify that …………………………………………………………………… did on the ……………………….. day of …………………………………… 200…, make application and pay the prescribed fee for the extension of copyright in design No. …………………………… and that the copyright is hereby extended for a second period of five years until the ……………………….. day of ……………………………. 200…

Sealed at my direction, this …………………… day of ………………………….. 200…

……………………………………… Registrar.

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE LAWS OF MALAWI Registered Designs Cap. 49:05

Registered Designs Regulations [Subsidiary]

Designs Form No. 12 Section. 15(2) Registration. 18

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K80

Application for Extension of Copyright in Design for a Third Period of Five Years

I/We hereby apply for extension of the period of copyright in the design No. ………………………… for a third period of five years.

(1) State name and Dated this ……………………………. Day of .……………………………. 200…. full address to

(1) ………………………………………………. which certificate is to be sent.

…………………………………………………

………………………………………………….. The Registrar, The Designs Office

P.O. Box 100

BLANTYRE
LAWS OF MALAWI
Registered Designs Registered Designs Cap. 49:05
Registered Designs Regulations [Subsidiary]

(This part of the form to be filled in at the Designs Office)

Certificate of Extension of Copyright in Design for the Third Period of five Years

The is to certify that …………………………………………………………………… did on the ……………………….. day of …………………………………… 200…, make application and pay the prescribed fee for the extension of copyright in design No. …………………………… and that the copyright is hereby extended for a third period of five years until the ……………………….. day of ……………………………. 200…

Design No. ………………………………….. and that the copyright is hereby extended.

Sealed at my direction, this …………………… day of ………………………….. 200…

……………………………………… Registrar.

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE LAWS OF MALAWI Registered Designs Cap. 49:05

Registered Designs Regulations [Subsidiary]

Designs Form No. 13 Section 15(2) Regulation 18(4)

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K5

Request for Enlargement of Time for Payment of Fee for Extension of Copyright in Design

I/We hereby request ……………………………… months’ enlargement of time within which payment of the fee of £……………….. for the extension of the copyright in design No. ……………………… may be made.

(1) State name and full address to

Dated this ……………………………. Day of .……………………………. 200…. which receipt is to be sent.

(1) ………………………………………………. …………………………………………………

………………………………………………….. The Registrar, The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 14 Section 22(1) Regulation 19(1)(a)
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: K6
Application under Regulation 19 by Assignee, Mortgagee or Licensee to enter subsequent Proprietorship or Interest in Design in the Register

I/We (1) …………………………………………………………………………………... (1) State full name and address

…………………………………………………………………………………………….

Hereby request that you will enter my/our name(s) in the register as proprietor(s)/mortgage(s)/licensee(s) of the design No. …………………………………

I am/We are entitled to the said design )or to a share or an interest in the said design) in

(2) Insert full pursuance of (2). ………………………………………………………………………… particulars of the

……………………………………………………………………………………………. instrument, if any

Dated this ………………….. day of …………………………………………. 200…

(3)……………………………………… (3) To be signed by the applicant(s) or

………………………………………

his/their agent.

My/Our address for service in Malawi:-

……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 15 Section 22(2) Regulation 19(1)(b)
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: K6

Application under Regulation 19 by Assignor, Mortgagor or Licensor etc., to enter subsequent

Proprietorship or Interest in Design in the Register

I/We (1) ………………………………………………………………………………... ……………………………………………………………………………………………. hereby request that you will enter my/our name(s) of (2) …………………………………………………………………………………………… ………………………………………………………………………………………….. in the register as subsequent proprietor(s)/mortgagee(s)/licensee(s) of the design No. …………………………………

He/They are entitled to the said design )or to a share or an interest in the said design) by virtue of (3). ………………………………………………………………………… …………………………………………………………………………………………….

The address for service in Malawi of the subsequent proprietor, mortgage or licensee, etc., is (4) ………………………………………………………………………………… …………………………………………………………………………………………….

Dated this ………………….. day of …………………………………………. 200…

(5)……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE
(1)
State full name and address
(2)
Here insert name, address and
particulars of the instrument, if any
(4)
Here insert the address for service in Malawi of the subsequent proprietor, mortgage, licensee, etc.
(5)
To be signed by the applicant(s) or his/their agent.
nationality of
assignee, etc.
(3) Insert full

L.R.O. 1/1968

Registered Designs Regulations

Designs Form No. 16

REGISTERED DESIGNS ACT (CAP. 49:05)

Application for Entry of Notification of Document in Register

I/We transmit herewith an attested copy (1) …………………………………………... ……………………………………………………………………………………………. ……………………………………………………………………………………………. relative to design No. ………………………………… as well as the original document for verification, and I/we apply that a notification thereof may be entered in the register.

Dated this ………………….. day of …………………………………………. 200…

(2)……………………………………… ……………………………………… (3)……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

[Subsidiary]

Section 6 or 22
Regulation 19(2)

Fee: K7

(1)
Here insert a description of the nature of the document, giving its date and the names and addresses of the parties thereto.
(2)
Signature
(3)
Here insert full address of the party benefiting under the document.

Registered Designs Regulations [Subsidiary]

Designs Form No. 17 Section 6 or 22 Regulation 21(2)

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K8

Application by Morgagee or Licensee under Regulation 21(2) for Entry in Register of Note that he no
longer claims such Interest

Design No: ……………………………

Name of registered proprietor …………………………………………... ……………………………………………………………………………………………. ……………………………………………………………………………………………. Place of business ……………………….…………………………………………… …………………………………………………………………..……………………….

I/We, the undersigned, …………………………………………………………………. Of …………………………………………………………………………………. apply for entry in the register that I/we no longer claim to be mortgage(s) or licensee(s) in respect of design No. …………………………..

Dated this ………………….. day of …………………………………………. 200…

To be signed by the

(1)………………………………………

applicant(s) or

………………………………………

his/their agent. ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 18 Section17 Regulation 22
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: K100
Application for the Grant of a Compulsory Licence under section 17 of the Act

Design No: ……………………………

I/We, ………………………………………..…………………………………………... ……………………………………………………………………………………………. ……………………………………………………………………………………………. of …………………….…………………….…………………………………………… …………………………………………………………………..……………………….

Hereby apply for the grant of a compulsory licence in respect of design No. …………………. On the ground that the design is not applied in Malawi by any industrial process or means to the article in respect of which it is registered to such an extent as is reasonable in the circumstances of the case.

Dated this ………………….. day of …………………………………………. 200…

(1) To be signed by

(1)………………………………………

the applicant(s) or

………………………………………

his/their agent ……………………………………… ………………………………………

My/Our address for service in Malawi:-

……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

NOTE: The application must be accompanied by a copy thereof and a statement of case in duplicate.

Registered Designs Regulations [Subsidiary]

Designs Form No. 19 Section 6 Regulation 25
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: K10
Application to enter Alteration or Nationality of Registered Proprietor of Design in Register

Design No: ……………………………

I/We, ………………………………………..…………………………………………... …………………………………………………………………..………………………. hereby apply, in respect of design No. …………………………………………, that my/our name(s) or nationality in the register may be altered to (1) ……………………………………………………………………………………………

There has been no change in the actual proprietorship of the said design.

Dated this ………………….. day of …………………………………………. 200…

Here insert particulars of

(2)………………………………………

alterations. ……………………………………… ……………………………………… ………………………………………

My/Our address for service in Malawi:-

(1) To be signed by

……………………………………… the applicant(s) or ………………………………………

his/their agent ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 20 Section 6 Regulation 25
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: K11
Application for Alteration of Address or Address for Service in Register

Design No: ……………………………

I/We, ………………………………………..…………………………………………... …………………………………………………………………..………………………. Of …………………………………………………………………..………………………. …………………………………………………………………..………………………. the registered proprietor(s) of the design numbered as above apply that my/our address or my/our address for service in the register may be altered to …………………………………………………………………..……………………….

Dated this ………………….. day of …………………………………………. 200…

(1)……………………………………… (1) To be signed by ………………………………………

the applicant(s) or his/their agent

……………………………………… ………………………………………

My/Our address for service in Malawi:-

……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 21 Section 23 Regulation 26

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K30

Request under section 23 of the Act for Correction of Error

I/We hereby request that the following error ……………………………………….. …………………………………………………………………..……………………….

(1) Here state

…………………………………………………………………..……………………….

whether in in the (1) ………………………….……………………………..………………………. application, …………………………………………………………………..………………………. representation or entry in register.

of design No. ……………………………………………. May be corrected as follows:-

(2) ……………………………………………………………..……………………….

(2) Here state what

…………………………………………………………………..………………………. correction should be made.

Dated this ………………….. day of …………………………………………. 200…

(3) To be signed by the applicant(s) or (3)……………………………………… his/their agent ………………………………………

……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 22 Section 25(1) Regulation 27(1)
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: K10
Application by Registered Proprietor of Design to Cancel Registration

Design No: ……………………………

Name of registered proprietor …………………………………………..…………... …………………………………………………………………..……………………..…. Address …………………………………………………………..………………………. …………………………………………………………………..………………………. I/We, the undersigned, ………………………………………………………………... …………………………………………………………………..………………………. of …………………………………………………………..………………………. …………………………………………………………………..………………………. apply that the registration of design No. ……………………………. May be cancelled.

(1) To be signed by

Dated this ………………….. day of …………………………………………. 200…

the applicant(s) or his/their agent (1)……………………………………… ……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 23 Section 25 Regulation 27 (2)
REGISTERED DESIGNS ACT
(CAP. 49:05) Fee: K8
Application for Cancellation of Registration under section 25(2) of the Act

Design No: ……………………………

I/We, ………………………………………..…………………………………………... …………………………………………………………………..………………………. Of …………………………………………………………………..………………………. …………………………………………………………………..………………………. hereby apply for cancellation of the registration of design No.

(1) Here state

…………………………………………………………………..……………………….

ground(s) on which on the ground that (1) ………………………………………………………………….. cancellation is ………………………………………………………………………………………….. requested. …………………………………………………………………………………………..

(1) To be signed by

the applicant(s) or Dated this ………………….. day of …………………………………………. 200… his/their agent

(2)……………………………………… ……………………………………… ……………………………………… ………………………………………

My/Our address for service in Malawi:-

……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

NOTE: The application must be accompanied by a copy thereof and a statement of case in duplicate.

Registered Designs Regulations [Subsidiary]

Designs Form No. 24 Section 28 Regulation 29(1)

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K20

Request for Information under section 28 of the Act when Registration Number is supplied

I/We hereby request that I/We be given such information as I/We may be entitled to under section 28 with respect to the design registered under No. …………………………………………..………………………………………………... …………………………………………………………………..……………………..….

Dated this ………………….. day of …………………………………………. 200…

(1) To be signed by

(1)……………………………………… the applicant(s) or ………………………………………

his/their agent ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 25 Section 28 Regulation 29(2)

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K30

Request for Search under section 28 of the Act when Registration Number is not supplied

I/We hereby request that a search may be made in respect of the design (a

(1) Here insert

representation or specimen of which is annexed hereto in duplicate) applied to (1)

name of article.

…………………………………………..………………………………………………... and that I/we may be given such information as I/we may be entitled to under section

28.

Dated this ………………….. day of …………………………………………. 200…

(1) To be signed by

(2)……………………………………… the applicant(s) or his/their agent

……………………………………… ……………………………………… ………………………………………

Address:-

……………………………………… ……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 26 Section 28 Regulation 29(3)

REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K30

Request for Search under regulation 29(3)

I/We hereby request that a search may be made and that I/We may be informed whether the design (a representation or specimen of which is annexed hereto in duplicate)

(1) Here insert

applied to (1) …………………………………………..…………………………...

name of article.

appears to be identical with or closely to resemble any registered design applied to such article of which the copyright is still existing.

Dated this ………………….. day of …………………………………………. 200…

(2)……………………………………… (1) To be signed by the applicant(s) or

………………………………………

his/their agent

……………………………………… ………………………………………

Address:-

……………………………………… ……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations [Subsidiary]

Designs Form No. 27 Section 6(2) Regulation 30
REGISTERED DESIGNS ACT (CAP. 49:05) Fee: K30
Request for General Certificate of the Registrar

Design No: ……………………………

Design No. ……………………………….. registered in the name of …………………. …………………………………………………………………………………………….

(1) Delete words

I/We …………………………………………………………………………………….

that are not ……………………………………………………………………………………………. applicable. of …………………………………………………………………………………….

(2) Here set out the

hereby request the Registrar to furnish me/us with (1) his certificate that (2) …………..

particulars which

…………………………………………………………………………………………….

the Registrar is

(1) a certificate of registration of the design (1) for use in obtaining registration abroad. requested to certify.

Dated this ………………….. day of …………………………………………. 200…

(3) To be signed by

(3)……………………………………… the applicant(s) or ………………………………………

his/their agent ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

Registered Designs Regulations

Designs Form No. 28

REGISTERED DESIGNS ACT (CAP. 49:05)

Application for Copy of Certificate of Registration of Design

I/We have to inform you that the Certificate of Registration of Design No. ……………………………………………………………………………………. has been (1) …………………………………………………………………………………. ………………………………………………………………………….………………… . …………………………………………………………………………………………. I/We therefore apply for the issue of a copy of such certificate (2) ………………………………………………………………………….………………… . ………………………………………………………………………………………….

Dated this ………………….. day of …………………………………………. 200…

(3)……………………………………… ……………………………………… ……………………………………… ………………………………………

Address:-

……………………………………… ……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

[Subsidiary]

Section 30
Regulation 31

Fee: K20

(1)
Here state whether “lost or destroyed” or “cannot be produced”, as the case may be, and state in full the circumstances of the case which must be verified by affidavit.
(2)
Here state interest possessed by applicant(s) in the design.
(3)
To be signed by the applicant(s) or his/their agent

Registered Designs Regulations

Designs Form No. 29

REGISTERED DESIGNS ACT (CAP. 49:05)

Certificate of Service

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. hereby certify that at (2) ………………………………………………………………… …………………………………………………………………………………………… on the ………………… day of ………………………………….., 200.….., at ……….. O’clock in the ……………….. noon, I/We served the following documents. …………………………………………………………………………………………… ………………………………………………………………………………………….. ………………………………………………………………………………………… upon …………………………………………………………………………………… by (3) …………………………………………………………………………………….. …………………………………………………………………………………………

Dated this ………………….. day of …………………………………………. 200…

(4)……………………………………… ……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

[Subsidiary]

Regulation 37(2)

(1)
State name and address..
(2)
State precisely where service was effected.
(3)
Here describe the method of service.
(4)
To be signed by the applicant(s) or his/their agent

Registered Designs Regulations

Designs Form No. 30

REGISTERED DESIGNS ACT (CAP. 49:05)

Form of Authorization of Agent

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. have appointed (2) ………………………………………………………………… …………………………………………………………………………………………… of ……………………………………………………………………………….……….. to act as my/our agent for (3) …………………………………………………………….. upon …………………………………………………………………………………… by (3) …………………………………………………………………………………….. No. …………………………………………………………………………………… and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address.

I/We hereby revoke all previous authorizations, if any, in respect of the same matter or proceeding.

Dated this ………………….. day of …………………………………………. 200…

(4)……………………………………… ………………………………………

Address:-

(5)……………………………………… ……………………………………… ………………………………………

(To be deleted if the person appointing the agent desires his own address to be treated as the address for service after registration).

I/We also authorized the said (2) ………………………………………………………… to complete the entry of an address for service as part of any registration obtained under the above authorization.

Dated this ………………….. day of …………………………………………. 200…

(4)………………………………………

Address:-

(5)……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

[Subsidiary]

Section 52
Regulation 40

Fee:10

(1)
The full names of all the partners in a firm must be inserted, and the kind and country of incorporation of bodies corporate stated.
(2)
Here insert name and address of agent..
(3)
Here state the particular matter or proceeding for which the agent is appointed, giving the reference number, if known.

(4)To be signed by person appointing the agent.

(5) Here insert full trade or business address of the person appointing the agent.

Registered Designs Regulations

Designs Form No. 31

REGISTERED DESIGNS ACT (CAP. 49:05)

Application for Entry of Order of Court or Tribunal

I/We (1) ………………………………………………………………………………….. ……………………………………………………………………………………………. ……………………………………………………………………………………………. in respect of Registered Design/Design Application No. ……………………..hereby transmit a certified copy of any order by the High Court of ………………………/by the Tribunal with reference to (2) ……………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………

Dated this ………………….. day of …………………………………………. 200…

(3)……………………………………… ……………………………………… ……………………………………… ………………………………………

My/Our address for service in Malawi:-

……………………………………… ……………………………………… ……………………………………… ………………………………………

The Registrar,
The Designs Office

P.O. Box 100

BLANTYRE

[Subsidiary]

Regulation 48

(1)
State name and address..
(2)
Here state purport of the order.
(3)
To be signed by the applicant(s) or his/their agent

L.R.O. 1/1993