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Amendments to Trademark Laws

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Nov 15, 2018 (Newsletter Issue 19/18)
ARIPO
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New Trademarks Act in Malawi


The Malawian Trademarks Bill 2017 became officially law on October 1, 2018, in the form of the Trademarks Act, 2 of 2018 (the Act), announced in an extraordinary Gazette dated October 24, 2018.

The Act replaces the outdated Trade Marks Act 1957, which was based on the UK Trade Marks Act 1938. Some of the changes can be seen below:
- The concept of a trade mark is far broader – the term ‘trade mark’ makes reference to a ‘non-visual sign’ that is ‘sufficiently described in a clear, precise, intelligible and objective manner’, and that is capable of distinguishing.
- Protection for services is now possible.
- Provision for the registration of collective marks, certification marks and Geographical Indications.
- Refusals can be on the basis of earlier registrations covering similar goods or services, as well as well-known marks.
- Infringement right extends to use in relation to similar goods or services.
- Registration and renewal terms of 10 years.
- Registrations can be cancelled on the basis of five years non-use and use by a recorded licensee will be sufficient.
- There is an unfair competition action.
- There are criminal offences, with ten-year prison terms possible for infringements.
- There is provision for licence recordal based on quality control, and assignments without goodwill.

Part IX of the Act focuses on International Registration of Trademarks. This part says that where Malawi ratifies or accedes to any international instrument relating to trade marks the Minister must take certain procedural steps, one of which is to list the international instrument in the Second Schedule of the Act. The Second Schedule of the Act refers to both the Banjul Protocol (the ARIPO trade marks treaty) and the Madrid Protocol.

For further information, please check the update of Spoor & Fisher here

Source: www.spoor.com