01/10/2018 – Malawi: A new Trademark Act – containing GIs provisions – entered into force

Legislation Law PoliciesOn 1 October, the Trademarks Act No 2 of 2018 of Malawi came into force. The Act was published in the Malawi Gazette Supplement on 24 October.

The Trademarks Act No 2 of 2018 contains as well provisions on GIs (Part VII, articles 41 to 46). In particular, registered GIs will be protected even when improper uses are accompanied by disclaimers or expressions such as “kind”, “type’, “style”, “imitation” or “the like” (art. 46.a). In case of infringements, GIs owners and authorized users are given the right to obtain relief by way of injunction, award of damages or any other remedy as the court may consider appropriate (art. 45.1.b).

 

 

This summary has been extracted from an “oriGIn Alert”, which is a service reserved exclusively to oriGIn members.  Click here to join oriGIn 

For more information about GIs protection at national level see the concerning category in the section Policy and Advocacy 

 

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