CLASS 3

TRADEMARKS

GEOGRAPHICAL INDICATIONS TRADE SECRETS

PLANT VARIETY RIGHTS

COPYRIGHT AND RELATED RIGHTS

UTILITY MODELS
 OTHER “CATEGORIES” OF IP
LAYOUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS

Integrated circuits-commonly known as “chips” or micro-chips”- are the electronic

circuits in which all the components ( transistors, diodes and resistors) have been
assembled in a certain order on the surface of a thin semiconductor material (usually
silicon)

In modern technology, integrated circuits are essential elements for a wide range of
electrical products, including articles of everyday use, such as watches, television sets,
washing machines, and cars, as well as sophisticated computers, smart phones, and
other digital devices. Developing innovative layout designs of integrated circuits is
essential for the production of ever-smaller digital devices with more functions.

In order to prevent unauthorized copying of layout designs and to provide incentives for
investing in this field, the layout design (topography) of integrated circuits is protected
under a sui generis intellectual property system.

See The Washington Treaty on Intellectual Property in Respect of Integrated Circuits

(IPIC), TRIPS
 OTHER “CATEGORIES” OF IP
LAYOUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS

MAIN DIFFERENCES BETWEEN PROTECTING THE LAYOUT DESIGN OF INTEGRATED

CIRCUITS AND OTHER FORMS OF IP PROTECTION
LDICs are not considered industrial designs because they do not determine the
external appearance of integrated circuits but rather the physical location within the
integrated circuit
are normally not patentable inventions because making them usually does not involve
an inventive step.
Copyright protection may not apply if national law determines that layout designs
cannot be copyrighted, or that the concepts related to copyright protection might be
too general to provide specific protection of layout-designs and ralted integrated
circuits and articles.

In order to effectively protect intellectual property with respect to integrated circuits,

different aspects of the integrated circuits can be protected by different types of
intellectual property rights in a complementary manner.
 UNFAIR COMPETITION AND IP LAW

These two areas of law often intersect, and finding the right balance between them is
essential for fostering innovation, promoting competition, and protecting consumer’
interests.
Purpose and Objectives
IP grants exclusive rights to creators and invetors, encouraging innovation and
creativity by providing an incentive to invest time and resources in the
development of new ideas and products
Competition laws aim to ensure that markets function efficiently and fairly by
preventing anti-competitive practices and promoting consumer welfare
Conflict and Tension
There can be inherent tension between these two areas of law. On one hand,
storng IP Protection can create monopolies, ptentially hindering competition. On
the other hand, if IP rights are not adequately protected, innovators might be less
inclined to invest in research and development.
Types of IP and Competition Concerns
Patents grant inventors exclusive rights to their inventions for a limited period.
they can lead to a monopoly in the market, and there may be competition
concerns if the patent holder abuses their rights or engages in anti-competitive
behavior
 UNFAIR COMPETITION AND IP LAW

Types of IP and Competition Concerns

Copyright protects original works of authorship. while it encourages creative
expression, it can also raise competition issues if it's used to stifle competition r
restrict the availability of works.
Trademarks protect brands and logos, preventing confusion among consumers.
They can raise competition concerns if they are used o create barriers to entry or
maintain a dominant position in the market.
Trade Secrets can be a form of IP and are protected by keeping information
confidential. However, they can be misused to maintain a competitive advantage
unfairly.
Abuse of IP Rights
anti-competitive behaviour- this occurs when a company uses its IP rights in a way
that unfairly limits competition. For example, leveraging a patent to exclude
competitors from a market or using copyright to prevent interoperability.
Patent Trolls- these are entities that acquire patents primarily for the purpose of
licensing or using others for infringement, rather than producing or using the
patented technology themselves.
 THE BALANCING ACT

Courts and regulatory authorities strive to strike a balance between

protecting IP Rights and ensuring that those rights are not abused to the
detriment of competition and consumers.

they may impose limitations on the exercise of IP Rights, such as

compulsory licensing, to prevent monopolistic practices.

Polypet Packaging Industries v. O.G. Plastics Industries (2008) Ltd

(Ruling) (MSCA Civil Appeal No. 30 of 2016) [2016] MWSC 147 (11 August
2016)
EEC Commission v UK, (Case C-30/90)(1992)
Re Coca Cola Co. [1986]2 All ER 274
 THE ADMINISTRATION OF IPRS
SOURCES AND SYSTEMS OF IP LAW IN MALAWI

The administration and management by two institutions.

The IP system refers to the legal and institutional or
The Department of Registrar General, under the Ministry of
administrative frameworks that pertain to the protection of IPRs
Justice.
in a territory. The IP System also includes the international IP
Copyright is administered by the Copyright Society of
instruments that the country is a party to.
Malawi
On Regional and international front Malawi
For every aspect such as patent law there will be different is a member of
national laws in different territories. However, international law African Regional Intellectual Property
establishes certain minimum standards of protection. Organization
World Intellectual Property Organization
World Trade Organization (TRIPS)
LEGAL FRAMEWORK
Statues and administrative apparatus inherited from SADC (Sui Generis Model of IPRs)
former colonial power, UK Other regional and international treaties and
Patents Act [Cap 49:02] conventions
Trademarks Act [Cap 49:03 repealed and replaced Patent Co-operation Treaty
by the Trademarks Act (Act No. 28 of 2017) Banjul Protocol on Marks
Registered Designs Act [Cap 49:05] Convention of Biological Diversity
Breeder's Rights Act (Act No. 20 of 2018 Strasbourg Agreement on Intellectual
Copyright Act (Act No. 26 of 2016)
Patent Classification
The National Intellectual Property Policy-April 2019
M.G. Kachedwa, ‘Creating an enabling environment for the legal protection of invention in Malawi’ in Malawi
Journal of Agricultural Sciences 1(1) 2012 << https://www.cabi.org/gara/abstract/20083326940>>
 DISCUSSION
RATIONALE FOR IP LAW
QUESTION: WHY GRANT
IPRS?