Malawi
Forms part of
OAPI
ARIPO
International Arrangements
Malawi is a party the African Regional Intellectual Property Organisation (ARIPO), the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Malawi follows a multi-class filing system in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 18 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.
Common Law and Well-Known Trade Marks
Well-known trade marks in terms of the Paris Convention are recognised in Malawi.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.
Customs Recordal
Customs recordals are not possible.
Forms part of
OAPI
ARIPO
International Arrangements
Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents
Strasbourg Agreement Concerning the International Patent Classification
Lusaka Agreement
Types of Patents
Patents of Invention
Patents of Addition
ARIPO Designations
Novelty Requirements
Relative novelty applies. Not disclosed to the public anywhere in the world, by publication in tangible form, or in Malawi, by description or by use or in any other way, before the priority date.
Grace Period/Prior knowledge
No grace period
Examination procedure
Formal and substantive examination as to whether subject matter is an “invention”.
Duration & Maintenance
Sixteen years from the filing date
Annual maintenance payments
Working Requirement
A patent should be worked within three years from the date of sealing of the patent or four years from the date of filing the application, whichever period expires last. Failure so to work the patent may be grounds for grant of compulsory licenses.
Forms part of
OAPI
ARIPO
International Arrangements
Paris Convention
The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents
Convention establishing World Intellectual Property Organization (WIPO)
Locarno Agreement Establishing an International Classification for Industrial Designs
Lusaka Agreement
Types of Designs
Industrial designs (no utility models)
Classification
Malawi is a party to the Locarno Union, but under national practice design applications and registrations are not classified
Novelty Requirements
National novelty requirement
Grace Period/Prior knowledge
No grace period
Examination procedure
Formal examination with possible search by the Registrar.
Duration & Maintenance
5 years from filing date which term can be extended twice for consecutive five-year periods.
Maintenance payment every 5 years.
Working requirement
If a registered design is not being used, it may become subject to the grant of compulsory licenses, but no term of non-use prescribed.
11th edition