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ARTICLE · 14 DECEMBER 2018

Malawi New Trade Marks Act, 2018

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On 24 January 2018, Malawi's President assented to the new Trademarks Act, no. 2 of 2018. The Act intends to modernise the protection of trade marks by incorporating new developments in the field of intellectual property in the country.

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On 24 January 2018, Malawi's President assented to the new Trademarks Act, no. 2 of 2018 ("The Act"). The Act intends to modernise the protection of trade marks by incorporating new developments in the field of intellectual property in the country. The Act, once effected into law, will repeal the existing Trade Marks Act 1957 ("1957 Act"). The Act will come into operation on a date appointed by the Minister by notice published in the Gazette.

The Act expands the scope of protection by making provision for the registration of service marks (wrongly referred to as "serve marks" in the Act), collective marks and geographical indications. The 1957 Act only provided for the protection of goods marks and certification marks.

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