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Malawi

Intellectual Property
Smit & Van Wyk Patent, Trademark & Registered Designs

Intellectual Property in Malawi

Smit & Van Wyk assists with the protection of Intellectual Property in Malawi, including the filing, prosecution and enforcement of patents, designs, trade marks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.

Patent Attorneys, Patent Registration, Patents

Patents

Malawi patents have a duration of 16 years from date of filing with the option to extend it for a further 5 years or in exceptional cases for a further 10 years. Malawi is a member of the PCT and the Paris Convention (International treaty for the protection of Industrial Property). Malawi patents may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on patents for ARIPO is the Harare Protocol, which authorises ARIPO to register patents on behalf of Harare Protocol Contracting States.

Types of Patents:

  • Patents of Invention
  • Patents of Addition
  • National Phase PCT Application
  • ARIPO application
  • ARIPO Regional Phase PCT application 

A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substances is not patentable.

Trade Marks

Malawi trade marks are valid 7 years from the filing date and renewable every 14 years. Malawi is a member of the Paris Convention (International treaty for the protection of Industrial Property) and the Madrid Protocol (an international system for obtaining trade mark protection for a number of regions through a single application). Malawi trade marks may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on trade marks for ARIPO is the Banjul Protocol, which authorises ARIPO to register trade marks on behalf of Banjul Protocol Contracting States. 

Types of Trade Marks:

  • Standard marks
  • Collective marks
  • Certification marks
  • Series marks 

The most current edition of the Nice Classification of Goods and Services is followed. 

Trademark Attorneys, Trademark Registration, Trademarks

Malawi designs have an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each. Malawi is a member of the Paris Convention (International treaty for the protection of Industrial Property). Malawi designs may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state.

Types of Designs:

  • Industrial Designs
  • Textile Designs

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