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Enforcement of IPRs in Malawi

Malawi

Enforcement of IPRs
Enforcement of intellectual property rights is inadequate in Malawi. While the enforcement officials routinely seize counterfeit goods and goods suspected to be counterfeit, Malawi does not have a systematic approach when it comes to tracking and reporting on such seizures and it has no reliable estimates of the number of seizures, the type or value of goods seized, or other related information.
Counterfeit liquor and beverages most often face counterfeiting and piracy in Malawi.
Yes
They are as follows:
  • The Trademarks Act, 2018 (Act No. 2 of 2018)
  • The Copyright Act, 2016 (Act No. 26 of 2016)
  • The Registered Designs Regulations
  • The Patents Regulations
  • The Plant Protection Act
Patents, Designs, Trademarks, Collective Marks, and GIs are the different types of IPRs protected by IPR enforcement in Malawi.
Yes
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
No
Yes
Yes
A) Responsible Authority - Tribunal or High Court.
B) Imprisonment Term - Trademarks: up to 05 years to 10 years; Copyright: 06 months to 04 years; Patents: up to 03 years; Industrial Designs: up to 03 years
C) Monetary Fine – Trademarks: K3, 000, 000.00 to K10 000, 000.00; Copyright: K25, 000 to K10, 000,000.00; Patents: up to K30, 000(£300); Industrial Designs: K50, 000 (£500)
No
No
There are no alternate dispute resolution mechanisms, which are frequently resorted to in Malawi.
Yes
Yes
The remedies available under border control measures (customs) in Malawi include destruction of goods outside the channels of commerce, fine of K5, 000, 000.00, and imprisonment for 10 years.
The applicant must bear the costs of customs intervention during enforcement.
Where the IP rights holder abuses the enforcement measures, the Customs authority may withdraw any affirmative action taken in the direction of detaining the suspected goods and the release the same for commercial access.
Court Proceedings
No