Geographical Indications Law in Malawi
Geographical Indications (GIs) Law in Malawi
1. Legal Framework
Malawi does not have a dedicated national law specifically for Geographical Indications. However, GI protection is provided through Malawi’s broader Intellectual Property and Trademark legislation.
The main legislation relevant to GIs includes:
Trademarks Act, 2010 (Cap. 68:01) — governs trademarks and related rights.
The Act allows for the protection of geographical names mainly via certification marks or collective marks.
2. Protection of GIs
Certification Marks:
These can be registered by producer groups or associations to certify the geographical origin or quality of goods. This is the primary route for GI protection in Malawi.
No Separate GI Registry:
There is no separate GI registry or specific GI law; protection is essentially under trademark law.
Enforcement:
Unauthorized use of registered certification or collective marks can be challenged under trademark infringement provisions.
3. International Memberships and Treaties
Malawi is a member of the World Trade Organization (WTO) and is bound by the TRIPS Agreement, which requires member states to provide protection for GIs.
Malawi is also a member of the African Regional Intellectual Property Organization (ARIPO), which offers a regional system for IP rights, including trademarks and GIs.
Malawi benefits from ARIPO’s protocols but has not yet adopted a specific GI protocol under ARIPO.
4. Regional Systems
ARIPO System:
While ARIPO provides a framework for trademark and patent registration, the protection of GIs is evolving within the organization. Malawi, as a member, could benefit from ARIPO’s future GI protocols when adopted.
5. Practical Examples
Malawi is known for agricultural products like tea and coffee, which have the potential for GI protection through certification marks or collective marks.
6. Summary
| Aspect | Status in Malawi |
|---|---|
| Dedicated GI Law | No |
| Protection Mechanism | Certification and collective marks under Trademark Act |
| Separate GI Registry | No |
| WTO/TRIPS Membership | Yes |
| ARIPO Membership | Yes |
| Enforcement | Trademark infringement laws |
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