Malawi: update on new trade mark legislation

On 30 January 2018 we published a summary regarding new trade mark legislation in Malawi, the Trademarks Bill 2017, which replaces the Trade Marks Act 1957. The new legislation has since passed into law, with the result that it is now known as the Trademarks Act 2018.

It is, however, important to note that the Trademarks Act 2018 is not yet in effect. The reason for this is that no subordinate legislation (regulations) has been drafted, and we understand that no money has been allocated for the drafting of this legislation. We anticipate that it will be at least another year or two before the subordinate legislation is ready, and before the Trademarks Act 2018 actually comes into effect. Until that happens the Trade Marks Act 1957 will apply.

We will, of course, keep you notified of developments.

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Date published: 20 April 2018
Author: Spoor & Fisher Jersey