Industrial Designs Law in Malawi

30 May 2025 --
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In Malawi, industrial designs are governed by the Registered Designs Act (Cap 49:05), which provides a legal framework for the protection of the aesthetic aspects of industrial products. The Act is administered by the Registrar General through the Industrial Property Registry, which also handles patents and trademarks .

📝 What Qualifies as an Industrial Design?

An industrial design in Malawi refers to the ornamental or aesthetic aspect of an article, encompassing features such as shape, configuration, pattern, or ornamentation. To be registrable, a design must be:

New or Original: It must not have been published or registered previously in Malawi.

Visually Distinctive: The design should be judged solely by the eye and not dictated solely by the function of the article.

Not Contrary to Public Order or Morality: The design must not contain any obscene or offensive elements .)

📄 Registration Process

To register an industrial design in Malawi, an applicant must file an application with the Registrar General, providing:(

Application Form: Completed in accordance with the Registered Designs Act.

Representation of the Design: Drawings, photographs, or other graphic representations of the design.

Endorsement as to Novelty: A statement confirming the design's novelty.

Power of Attorney: If applicable, authorizing a representative to act on behalf of the applicant .

The Registrar may conduct a search to assess the novelty and registrability of the design. If satisfied, the design will be registered, and a certificate of registration will be issued .

⏳ Duration and Renewal

The initial term of protection for a registered design in Malawi is five years from the filing date. This term is renewable for two additional terms of five years each, allowing for a maximum total protection period of fifteen years, subject to the payment of renewal fees .

🌍 International Protection

Malawi is a member of the African Regional Intellectual Property Organization (ARIPO) and a signatory to the Harare Protocol on Patents and Industrial Designs. This allows applicants to file a single application with ARIPO, designating Malawi and other member states for protection .

Additionally, Malawi is a contracting party to the Hague System for the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This system enables applicants to seek protection for their designs in multiple countries through a single application .

⚖️ Enforcement and Legal Recourse

The exclusive rights conferred by the registration of an industrial design in Malawi include the right to prevent unauthorized use, such as reproduction, sale, or distribution of the design. Infringements can be addressed through legal action in the High Court, where the design owner may seek remedies, including injunctions and damages .