New Trademark Bill in Malawi

March 5, 2018

The new Bill has relevant changes to it, which makes it look far more like a modern trademark statute.

Three months ago, on December 2017, a new Trademark Bill was approved by the Malawi’s Parliament and sent to the President in order to assent it. This Bill was created to replace the Trade Marks Act 1957, which was yet antiquated and in need of updating.

This new Bill creates significant changes such as the possibility of protecting services, the provision for the registration of collective and certification marks, and geographical indications and a 10-year registration and renewal term.

Regarding the International Agreements, it should be noted that Malawi is a signatory of the Banjul Protocol, but since the country never formally incorporated the same into its national law, it is not possible to have effective and enforcable trademark registrations in Malawi when registrating trademarks in ARIPO.

However, once the Bill becomes law, it will be possible to designate Malawi in ARIPO registrations.

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