Malawi Parliament passes Copyright Amendment Bill, restructures IP governance

The amendment to the Copyright Act 2016 was necessary to accommodate the creation of a new semi-autonomous government agency tasked with overseeing the administration of intellectual property rights, including copyrights.

As a result, the Copyright Society of Malawi (COSOMA) will no longer be responsible for the legal administration and enforcement of copyright laws. These responsibilities will be transferred to the newly formed IP Centre, which will operate independently with a broader mandate covering a range of intellectual property matters.

While COSOMA relinquishes its administrative role, it will retain its position as a Collective Management Organisation (CMO). In this capacity, COSOMA will continue to focus on managing rights and royalties for creators, ensuring they are fairly compensated through the collection and distribution of licensing fees. It will also continue to handle licensing activities and register copyright works specifically for collective management purposes.

“The changes mark a significant transition in how intellectual property is governed in Malawi,” a statement from COSOMA read. “However, we remain committed to supporting the creative community through our core role as a CMO, and we will continue to advocate for the rights and remuneration of our creators.”

A transitional period will follow the President’s assent to the new law, during which the government will provide guidance to stakeholders on how responsibilities will shift from COSOMA to the new agency. Creators and rights holders are advised to stay informed as implementation details are finalised.

The reorganisation is expected to streamline Malawi’s IP framework, aligning it more closely with international standards and improving the efficiency of copyright enforcement and registration services.