Intellectual Property Laws at Malawi
Malawi has made significant strides in strengthening its intellectual property (IP) legal framework, aligning with international standards to foster innovation and protect creators' rights.
Key Intellectual Property Laws in Malawi
1. Copyright Act, 2016 (Act No. 26 of 2016)
Enacted: July 14, 2016; Commenced: March 13, 2017
Coverage: Protects literary, artistic, and musical works, as well as traditional cultural expressions.
Administration: Managed by the Copyright Society of Malawi (COSOMA), a parastatal organization responsible for promoting and protecting the interests of authors, composers, performers, producers, and broadcasters
2. Trademarks Act, 2018
Enacted: January 24, 2018; Implemented: October 1, 2018
Key Provisions:
Introduction of service marks, collective marks, and geographical indications.
Protection of well-known marks in line with WIPO recommendations.
Incorporation of the Banjul Protocol, enabling ARIPO (African Regional Intellectual Property Organization) trademark registrations to be valid in Malawi.
Criminal penalties for infringement, including up to ten years imprisonment.
3. Patents Act
Status: The existing Patents Act is under review to align with international standards and address emerging issues in biotechnology and pharmaceuticals.
International Treaties and Agreements
Madrid Protocol: Malawi became a member of the Madrid Protocol on December 25, 2018, allowing for international trademark protection through a single application.
WIPO Treaty on IP, Genetic Resources, and Associated Traditional Knowledge: On December 5, 2024, Malawi became the first country to ratify this treaty, which requires the disclosure of the origin of genetic resources and traditional knowledge used in IP applications.
Enforcement and Administration
Copyright Society of Malawi (COSOMA): Responsible for the administration and enforcement of copyright laws.
Malawi Industrial Property Office (MIPO): Handles the registration and enforcement of patents and trademarks.
Judicial System: IP disputes are adjudicated in the High Court, with specialized commercial divisions handling complex cases.
Recent Developments
Ratification of WIPO Treaty: Malawi's early ratification of the WIPO Treaty on IP, Genetic Resources, and Associated Traditional Knowledge underscores its commitment to protecting indigenous knowledge and promoting ethical use of genetic resources.
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