Related documents
- Is amended by Business and Intellectual Property Authority Act, 2016
- Is commenced by Commencement of Industrial Property Act, 2012
Industrial Property Act, 2012
Act 1 of 2012
- Published in Government Gazette 4907 on 23 March 2012
- Assented to on 28 February 2012
- Commenced on 1 August 2018 by Commencement of Industrial Property Act, 2012
- [This is the version of this document from 16 January 2017 and includes any amendments published up to 12 April 2024.]
- [Amended by Business and Intellectual Property Authority Act, 2016 (Act 8 of 2016) on 16 January 2017]
Chapter 1
Preliminary and administrative provisions
Part 1 – Preliminary provisions
1. General definitions
In this Act, unless the context indicates otherwise -“agent” means a legal practitioner practising in Namibia in accordance with the Legal Practitioners’ Act, 1995 or an agent entitled to practice as provided in Part 2 of Chapter 5;[The correct name of the Act cited above is the “Legal Practitioners Act” (without an apostrophe); it is Act 15 of 1995.]“ARIPO” means the African Regional Intellectual Property Organisation established in Lusaka on December 9, 1976;“BIPA” means the Business and Intellectual Property Authority established by section 3 of BIPA Act;“BIPA Act” means the Business and Intellectual Property Authority Act, 2016 (Act No. 8 of 2016);“Board” means the Board of BIPA constituted under section 8 of BIPA Act;[definitions of “BIPA”, “BIPA Act” and “Board” inserted by Act 8 of 2016]“bulletin” means the official bulletin of industrial property established in terms of section 9;[Act 8 of 2016 makes a global substitution of “staff member” for “official”, but that substitution has not been applied here as the result would be nonsensical.]“convention application” means an application in respect of which priority is claimed as provided for in the Paris Convention, and as contemplated in respect of patents in section 29, in respect of designs in section 102 and in respect of trade marks in section 141;“convention country” means a state or territory which is a party to the Paris Convention;“court” means the High Court of Namibia as defined in section 1 of the High Court Act, 1990 (Act No. 16 of 1990);“Harare Protocol” means the Protocol on Patents and Industrial Designs within the Framework of ARIPO adopted in Harare on December 10, 1982 and the Regulations issued thereunder, as amended from time to time;“industrial property” means patents, utility model certificates, industrial designs, and trade marks including certification trade marks and collective trade marks;“Minister” means the Minister responsible for trade and industry;[definitions of “Office” and “official” deleted by Act 8 of 2016]“Paris Convention” means the Paris Convention for the Protection of Industrial Property concluded in Paris on March 20, 1883 as revised from time to time;“patent” means the title granted under this Act to protect an invention;“person” means a natural person or a legal person and includes an enterprise or other business entity;“prescribe” means prescribe by regulation made under section 236;“priority date” means the date of the earlier application or applications that serves or serve as the basis for the right of priority provided for in the Paris Convention and claimed in a convention application;“record” means the entering or recordal of information in the appropriate register as contemplated in section 7(3);“register” or “registers” means the registers referred to in section 7(1);“Registrar” means the Registrar of business and industrial property as defined in section 1 of BIPA Act;[definition of “Registrar” substituted by Act 8 of 2016]“Registration Office” means the Registration Office as defined in section 1 of BIPA Act;[definition of “Registration Office” inserted by Act 8 of 2016]“staff member” means a staff member of BIPA as defined in section 1 of PIBA Act;[The definition of “staff member” is substituted by Act 8 of 2016. The reference to “BIPA Act” which was obviously intended erroneously appears as “PIBA Act” in the substituted definition.]“this Act” includes the regulations made under section 236;“Tribunal” means the Industrial Property Tribunal established by section 215;“TRIPS” means the Agreement on Trade Related Aspects of Intellectual Property which is annexed to the Agreement Establishing the WTO; and“WTO” means the World Trade Organisation established by the Agreement Establishing the WTO signed at Marrakesh on 15 April 1994.Part 2 – Industrial property Registration Office
2. Registration of industrial property
For the purposes of this Act, the Registration Office is responsible for all functions relevant to the registration, recordal, maintenance and administration of industrial property rights as provided for in this Act.[section 2 substituted by Act 8 of 2016]3. Functions of Registration Office
4. ***
[section 4 deleted by Act 8 of 2016]5. Functions and powers of Registrar
6. Seal of Registration Office
The Registrar must keep a seal of the Registration Office and the impression of that seal must be judicially noticed.7. Register of industrial property
8. Inspection of records
9. Bulletin of industrial property
The Registrar must establish and publish a bulletin of industrial property in respect of patents, utility models, industrial designs and trade marks, including certification trade marks and collective trade marks, in which must be published all matters that are required to be published under this Act.10. Restrictions regarding staff members
11. Limitation of liability
The Registrar or staff member is not personally liable for damage or loss arising out of an act or omission committed in good faith, while exercising or performing the powers or functions under or in terms of this Act, except if such damage or loss was caused as a result of the gross negligence, dishonesty or unlawful conduct by the Registrar or staff member.[section 11 substituted by Act 8 of 2016]Chapter 2
Patents
Part 1 – Patents for inventions
12. Definitions and interpretation
13. Patentable inventions
Patents are available for any inventions, whether products or processes, in all fields of technology, provided the invention is new, involves an inventive step and is industrially applicable.14. Novelty, inventive step and industrial application
15. Inventive step
16. Industrial application
An invention may be considered to be industrially applicable if it can be made or used in any kind of industry.17. Matter excluded from patentability
18. Exclusion from patentability on grounds of morality or public order
Part 2 – Right to patent
19. Right to a patent
20. Naming of inventor
21. Invention by employee or person commissioned
22. Judicial assignment of right to a patent application or patent
Part 3 – Application procedure
23. Who may apply for a patent
An application for a patent may be filed -24. Application for a patent
25. Application fee
The application for a patent must be accompanied by the prescribed application fee which must be paid in the manner prescribed.26. Unity of Invention
27. Division of application
28. Amendment of application
29. Right of priority
30. Information concerning corresponding foreign applications
31. Post-dating of application
The applicant may, at any time before a patent is granted, in the prescribed manner request the Registrar to direct that the application be post-dated to such date as may be specified in the request, except that -32. Withdrawal of application
The applicant may, at any time before a patent is granted, withdraw the application.33. Conversion of patent application
34. Filing date
Part 4 – Examination of application and grant of patent
35. Examination as to form and unity of invention
After according a filing date, the Registrar must examine whether -36. Examination as to substance
37. International-type search
38. Grant or refusal of patent
39. Registration and publication of patent
40. Amendment of patent
Part 5 – Rights and obligations of applicant or owner of patent
41. Rights of applicant or owner of patent
Subject to sections 43 and 47(6) and to the provisions of Part 9, the applicant or the owner of a patent in Namibia has the following rights:42. Obligations of applicant or owner of patent
The applicant or the owner of a patent has the following obligations:43. Limitation of rights
44. ARIPO patents
Part 6 – Duration of patent and annual fees
45. Duration of patent and extension
Subject to section 46, a patent expires 20 years after the filing date of the application for the patent in terms of section 34(1), 44(2)(a) or 83(2)(c), as the case may be.46. Annual fees
47. Restoration
Part 7 – Change in ownership and joint ownership of patent applications and patents
48. Change in ownership of applications or patents
49. Joint ownership of patent applications
50. Joint ownership of patents
Part 8 – Voluntary licences
51. Form and recordal of licence
52. Prohibited terms in licences
53. Rights of licensee
In the absence of an agreement to the contrary -54. Effect of non-grant or invalidation of patent
Part 9 – Compulsory licences
55. Compulsory licence for non-working or insufficient-working
[The term “insufficient-working” should be “insufficiently-working” to be grammatically correct. Also, there appears to be a word or words missing in the heading, which should perhaps refer to “non-working or insufficiently-working inventions”, “non-working or insufficiently-working patents” or “non-working or insufficiently-working patented inventions”.]56. Compulsory licence based on interdependence of patents
57. Compulsory licence in public interest
58. Procedure for grant of compulsory licences
59. Grant and terms of compulsory licences
60. Rights and obligations of licensee under a compulsory licence
Subject to the conditions that may be attached to a compulsory licence, a licensee under this Part has the same rights and obligations as any other licensee under a patent.61. Recordal of compulsory licences
62. Licences of right
Part 10 – Exploitation by government
63. Exploitation of patented invention by Government or person authorised by Government
Part 11 – Surrender, invalidation and revocation
64. Surrender of patent
65. Invalidation of patent
66. Effects of invalidation
An invalidated patent, and any claim of an invalidated patent, must be regarded as non-exisitent from the date of the grant of the patent.[The word “non-existent” is misspelt in the Government Gazette, as reproduced above.]67. Amendment of patent in invalidation proceedings
If the Tribunal, in the case of an application for the invalidation of a patent as contemplated in section 65, is satisfied that an amendment of the patent will remove the ground of invalidity, it may uphold the patent subject to such amendment and subject to such terms or conditions as it deems fit.68. Revocation of patent in public interest
Part 12 – Infringement
69. Acts of infringement
70. Infringement proceedings
71. Remedies
72. Declaration of non-infringement
73. Threat of infringement proceedings
74. Relief for partial infringement
75. Presumption of use of patented process
Part 13 – International applications under the patent co-operation treaty and other international arrangements
76. Application of Patent Co-operation Treaty and definitions
77. Filing date and effect of international application designating Namibia
78. The Registration Office as receiving office
79. Filing of international applications with the Registration Office
80. The Registration Office as designated office
The Registration Office must act as the designated office in respect of an international application in which Namibia is designated for the purposes of obtaining a national patent under this Act.81. The Registration Office as elected office
The Registration Office must act as the elected office in respect of an international application in which Namibia is designated as referred to in section 80 if the applicant elects Namibia for the purposes of an international preliminary examination under Chapter II of the Treaty.82. National processing
The Registration Office as designated office or elected office may not commence processing of the national phase of an international application designating or electing Namibia for the purposes of a national patent before the expiration of the time limit referred to in section 79 except if the applicant complies with the requirements of that section and files with the Registration Office an express written request for early commencement of such processing.83. Entering national phase
84. Failure to enter national phase
If the applicant fails to comply with the requirements of section 83 within the time limit or extended time limit referred to in that section, the designation of Namibia in the international application is considered withdrawn for the purposes of this Act.85. Processing international applications in accordance with Patent Co-operation Treaty
Part 14 – Utility model certificates
86. Application of provisions relating to patents
87. Special provisions relating to utility model certificates
88. Duration of utility model certificate
89. Surrender, invalidation and revocation of utility model certificate
Subject to section 87, the provisions of sections 64 to 68 do apply, with the necessary changes, in regard to the surrender or invalidation of a utility model certificate as if a utility model is an invention and a utility model certificate or an application therefore is a patent or an application therefore, as the case may be.90. Conversion of application for utility model certificate or applications for patent
Part 15 – General
91. Appeals
Chapter 3
Industrial designs
Part 1 – Industrial designs
92. Definitions
For the purposes of this Chapter -“article” means any article of manufacture, including an item of handicraft;“design” means any feature or combination of features of form or shape or configuration, or any feature or combination of features of pattern or ornamentation, including any composition of lines or colours, applied to an article to give it an appearance having such features discernable by the eye, but does not include any feature serving solely to obtain a functional or technical result;“design registration” means the title granted under this Act to protect a design;“exploit”, in relation to a registered design, means the doing of any act mentioned in section 107 for commercial purposes;“International Classification” means the classification according to the Locarno Agreement of 1968 establishing an International Classification for Industrial Designs; and“set of articles” means a number of articles of the same general character intended to be used or sold together, and in respect of which the same design, with such modifications as may be appropriate, is applied to each article.93. Registrable designs
94. Definition of novelty
Part 2 – Right to legal protection
95. Right to legal protection
96. Naming of creator
Where the applicant is not the creator of the design -97. Design created by employee or person commissioned
98. Judicial assignment of right to a design application or design registration
Part 3 – Application procedure
99. Who may apply for registration
100. Application for registration
101. Right of priority
The provisions of section 29 relating to the right of priority do apply as if the design is an invention and the application for registration of the design is an application for a patent.102. Filing date of application
103. Examination as to form and substance
Part 4 – Registration of industrial design and amendment of design applications or registrations
104. Registration of industrial design
105. Recordal of registration, issuance of certificate and publication of registered design
106. Amendment of a design application or registration
Part 5 – Rights conferred by registration of industrial design
107. Rights conferred by registration
The person registered as the owner of a design registration has, for the duration of the registration and subject to the provisions of this Act and to any rights appearing from the register of designs to be vested in any other person, the right to exclude all others from making, importing, using or disposing or offering to dispose of in Namibia any article included in the class or classes in which the design is registered and bearing or embodying the registered design or a design not substantially different from the registered design, when such acts are undertaken for commercial purposes.108. Limitations of rights
The rights of the owner of a registered design do not extend to -109. ARIPO designs
Part 6 – Duration, renewal and restoration
110. Duration of registered designs
Subject to section 111, the registration in respect of a design expires 15 years after the filing date of the application for its registration.111. Renewal of registered designs
112. Restoration of design registrations
Part 7 – Change in ownership and joint ownership of design applications and design registrations
113. Change in ownership of applications or registrations
114. Joint ownership of design applications
115. Joint ownership of rights conferred by registration
Part 8 – Voluntary licences
116. Voluntary licence
117. Invalid contractual terms in licences
Any condition in a contract relating to the sale of an article bearing or embodying a registered design, or to a licence under a design registration of which the effect will be -118. Rights of licensee
In the absence of an agreement to the contrary -119. Effect of invalidity on registration of licence
Part 9 – Surrender and invalidation of registration
120. Surrender of registration
121. Invalidation of registered designs
122. Effects of invalidation
An invalidated design registration must be regarded as null and void from the date of the grant of the certificate of registration of the design.Part 10 – Infringement
123. Acts of infringement
124. Infringement proceedings
125. Remedies
The provisions of section 71 apply to proceedings instituted in terms of section 124 as if a design registration is a patent.Part 11 – International deposits under the Hague Agreement
126. Definitions
For the purposes of this Part -“International Bureau”, “international application” or “international registration” mean the International Bureau, an international application or an international registration as defined in Article 1 of the Hague Agreement;“the Hague Agreement” means the Act of the Hague Agreement signed in the Hague on November 6, 1925 as amended and amplified from time to time, and the Regulations issued under the Geneva Act, 1999, as amended from time to time; and“the Regulations” mean the Regulations issued under the Geneva Act, 1999 of the Hague Agreement.127. Protection of design which is subject to international deposit
128. Notification of International Bureau by Registrar
129. Registrar to notify International Bureau concerning invalidation
Where a design registration registered in Namibia under the Hague Agreement has been invalidated in accordance with section 121, the Registrar must, as soon as possible, notify the International Bureau accordingly.Part 12 – General
130. Appeals
Chapter 4
Trade marks, collective and certification marks, and trade names
Part 1 – Introductory provisions
131. Definitions
For the purpose of this Chapter -“Banjul Protocol” means the Protocol on Marks within the Framework of ARIPO adopted in Banjul, between 15-19 November 1993, and the Regulations issued thereunder, as amended from time to time;“certification trade mark” means a mark capable of distinguishing, in the course of trade, goods or services certified by any person in respect of kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of the goods or services, or the mode or time of production of the goods or of rendering of the services, as the case may be, from goods or services not so certified;“collective trade mark” means a mark capable of distinguishing, in the course of trade, goods or services of persons who are members of an association from goods or services of persons who are not members thereof;“mark” means any sign capable of being represented visually, including a device, name, signature, word, letter, numeral, figurative element, shape, colour or container for goods, or any combination of such signs;“International Classification of Goods and Services” means the classification under the Nice Agreement of 1957, as revised from time to time;“registered user” means a person registered to use a registered trade mark in terms of section 170;“trade mark”, other than a certification or a collective trade mark, means a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing those goods or services from the same kind of goods or services connected in the course of trade with any other person;“trade mark registration” means the title granted under this Act to protect a trade mark;“trade name” means the name or designation identifying a business enterprise and distinguishing that enterprise from other business enterprises.132. Exclusive right to mark
133. Classification of registration
Part 2 – Requirements for registration
134. Distinctiveness
135. Limitation of colours
136. Disclaimer
If a mark contains matter which is not capable of distinguishing within the meaning of section 134, the mark may be registered subject to a condition -137. Prohibition of registration: objective grounds
A mark is not registrable and cannot be validly registered if -138. Prohibition of registration: third party rights
Part 3 – Procedure for registration
139. Who may apply for registration
Any person who has a bona fide claim to proprietorship of the mark and bona fide uses or intends to use the mark as a trade mark may apply for the registration of the mark as a trade mark.140. Application for registration
141. Application fee
An application for the registration of a mark as a trade mark must be accompanied by the prescribed fee.142. Right of priority
143. Date of filing
The Registrar must accord as the date of an application, the date on which the request for registration, the representation of the mark and the prescribed fee are lodged with the Registrar.144. Withdrawal, restriction or amendment of application
The applicant for a trade mark registration may, at any time before the mark is registered, in the prescribed manner withdraw, restrict or amend the application as long as any such amendment will not substantially affect the identity of the mark.145. Examination as to form and substance
146. Acceptance or refusal of application
147. Examination after opposition
148. Registration and issuance of certificate
149. Registration of parts trade marks
150. Publication of registered marks
When the Registrar has registered the trade mark as provided for in section 148, the Registrar must publish, in the bulletin, a reference to the registration of the trade mark.Part 4 – Rights conferred by registration
151. Exclusive right
152. Rights conferred by registration
153. Exhaustion of rights
The right to institute proceedings conferred by the registration of a trade mark does not extend to -154. Right to continue to use
155. Bona fide use of name or description
156. ARIPO trade marks
Part 5 – Duration, renewal and alteration of registered trade mark
157. Duration of registration
The registration of a trade mark is valid for a period of 10 years from the date of the application for registration.158. Renewal of registration
159. Restoration of registration
160. Alteration or amendment of trade mark
Part 6 – Change in ownership and joint ownership of trade mark applications and registered trade marks
161. Change in ownership of applications or trade marks
162. Associated trade marks
163. Joint ownership of trade mark applications
164. Joint ownership of trade mark registrations
Part 7 – Voluntary licences, registered users and transfers
165. Voluntary licences
166. Invalidation of licences
167. Effect of licences
Where a licence has been recorded in accordance with section 165(2) -168. Assignability of licences or user rights
169. Effect of invalidity of registration on licence
170. Registered use
171. Registration of registered user
172. Guarantee of control
The provisions of sections 165(3) and 166 apply to a registered user as if the registered user is a licensee.173. Variation and cancellation
174. Transferability of trade marks
Part 8 – Surrender, removal and invalidation
175. Surrender of registered trade mark
The registered owner of a trade mark registration may at any time during the duration of the registration, in the prescribed manner, request the Registrar to cancel the registration, either partially or totally in respect of the goods or services in respect of which it is registered.176. Removal for non-use
177. Removal when mark becomes generic name
Where a registered trade mark is or contains matter which is not or no longer capable of distinguishing within the meaning of section 134, any interested person may apply to the Registrar to require that the registered owner must -178. Procedure and effect of removal
179. Invalidation of registration
180. Effect of invalidation
Any order for the removal or invalidation of a registration or the entry on the register of an amendment or disclaimer relating to the registration of a mark must be deemed to have been effective -181. Notification, recording and publication of surrender, removal or invalidation
A notice of any surrender, removal or invalidation of, or any amendment or disclaimer in respect of, a registered trade mark must be published in the bulletin by the Registrar as soon as possible after the respective order.Part 9 – Infringement
182. Acts of infringement
The rights acquired by registration of a trade mark are infringed by -183. Infringement proceedings and remedies
184. Meaning of infringing goods
For purposes of section 183, “infringing goods” include -185. Order as to disposal of infringing goods
186. Remedy for groundless threats of infringement proceedings
Part 10 – Certification and collective marks
187. Applicability of other provisions
188. Application for registration of certification or collective mark
189. Examination of application for registration
If the Registrar is satisfied that the requirements of section 188 have been met, he or she must accept the application as provided for in section 146 and deal further with the application as contemplated in that section.190. Invalidation of registration of certification or collective mark
Part 11 – Trade names and acts of unfair competition
191. Prohibited trade names
192. Protection of trade names
Despite any law providing for the registration of trade names, such names are protected by common law, even prior to or without registration, against any unlawful act committed by third parties.193. Transferability of trade names
194. Acts of unfair competition
195. Indication of source and origin
Part 12 – International matters
196. Protection of well-known trade marks
197. National emblems and emblems of international organisations
Part 13 – International registration under the Madrid Protocol
198. Definitions
For the purposes of this Part -“basic application” means an application for the registration of a trade mark made in Namibia and which is used as a basis for an international application under the Madrid Protocol, and “basic registration” has a corresponding meaning;“date of the designation of Namibia” means the date of an international application in which Namibia was designated or the date of a subsequent designation of Namibia, as the case may be;“Common Regulations” mean the Common Regulations of 1996 made under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Related to that Agreement;“date of international registration”, “date of subsequent designation”, “designation”, “holder”, “international application”, “International Bureau”, “international registration”, and “subsequent designation” have the same meaning as in the Madrid Protocol or in the Common Regulations, as the case may be;“Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks of 1891; and“Madrid Protocol” means the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, adopted in Madrid on June 27, 1989 and the Regulations issued thereunder, as amended from time to time.199. Protection of mark containing designation of Namibia
200. International registration containing designation of Namibia
201. Invalidation of a trade mark registered under the Madrid Protocol
Where a trade mark registration registered in Namibia under the Madrid Protocol has been invalidated in terms of section 179 or removed in terms of section 176, the Registrar must as soon as possible notify the International Bureau accordingly.Part 14 – General
202. Appeals
Chapter 5
General provisions
Part 1 – Register as evidence, functions and powers of registrar
203. Evidence of register and certain documents
204. Evidence of ownership
205. Loss of document
If any document issued by the Registrar or lodged with the Registrar is lost, the Registrar must, on the request of any person entitled to such document and on payment of the prescribed fee, furnish such person with a copy of such document issued or lodged insofar as this is possible, or, if a copy cannot be furnished, furnish such person with a certificate in respect thereof.206. Exercise of discretionary powers by Registrar
207. General powers of Registrar
208. Venue of proceedings and taxation of costs
209. Correction of errors
210. Rectification of register
Part 2 – Industrial property agents
211. Agents and their functions
212. Registration of agents
213. Removal of names from register of agents
214. Entitlement to practice
Part 3 – Industrial Property Tribunal and appeals
215. Industrial Property Tribunal
216. Oath of office
A member of the Tribunal appointed in terms of section 215(2) may not perform any function as such a member unless he or she has taken an oath or made an affirmation, which must be subscribed to by him or her, in the form as is prescribed.217. Right of audience
In any proceedings before the Tribunal under this Act -218. Assessors
219. Secretary of Tribunal
220. Seat and jurisdiction of Tribunal
221. References to Tribunal by Registrar
222. General powers of Tribunal
223. Proceedings of Tribunal
224. Summoning of witnesses
225. Costs
The Tribunal may in any proceedings before it make an order as to costs as it thinks fit.226. Contempt of Tribunal
A person who -227. Rules of Tribunal
228. Appeals to Court
229. Expenses of Tribunal
The expenditure incidental to the performance of functions of the Tribunal must be defrayed from the money appropriated by Parliament and made available to the Ministry responsible for trade and industry for the purposes of the Tribunal.Part 4 – Offences and penalties
230. Falsification of documents
Any person who -231. Falsely representing industrial property rights
232. Improper use of words “industrial property office”
Any person who uses on his or her place of business or on any document issued by him or her or otherwise the words “industrial property office”, “patent office”, “design office” or “trade mark office” or any other words suggesting that his or her place of business is, or is officially connected with, the Registration Office, commits an offence and on conviction is liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding 12 months or to both such fine and imprisonment.233. Deceiving staff members
Any person who -Part 5 – General
234. Application of international conventions
235. Hypothecation and attachment
236. Regulations
237. Administrative instructions
238. Application of Act
238A. Fees
Any fees and other money payable in terms of this Act are for the account of BIPA and any outstanding fees or any other money due and payable to BIPA are debt due to and recoverable by BIPA in any competent court.[section 238A inserted by Act 8 of 2016]239. Repeals
The Patents, Designs, Trade Marks and Copyright Act, 1916 (Act No. 9 of 1916) and any amendments thereto insofar as they are applicable to Namibia, the Patents, Designs and Trade Marks Proclamation, 1923 (Proclamation No. 17 of 1923), the Patents, Trade Marks and Copyright Proclamation, 1940 (Proclamation No. 33 of 1940) and the Trade Marks in South West Africa Act, 1973 (Act No. 48 of 1973) are repealed.[The name of Proclamation 17 of 1923 in section 239 is incorrect. This Proclamation was originally called the “Patents, Designs, Trade Marks and Copyright Proclamation”. Section 48(6) of the South African Copyright Act 63 of 1965, which was expressly made applicable to South West Africa, amended the name to “Patents, Designs and Trade Marks Proclamation”. Section 83(2) of the Trade Marks in South West Africa Act 48 of 1973 amended the name to “Patents and Designs Proclamation”.]240. Transitional and savings provisions
241. Short title and commencement
History of this document
01 August 2018
Commenced by
Commencement of Industrial Property Act, 2012
16 January 2017 this version
23 March 2012
28 February 2012
Assented to
Cited documents 6
Legislation 6
Documents citing this one 10
Discussion Paper 1
Gazette 5
- Namibia Government Gazette dated 2012-03-23 number 4907
- Namibia Government Gazette dated 2013-05-31 number 5205
- Namibia Government Gazette dated 2016-08-25 number 6105
- Namibia Government Gazette dated 2018-06-01 number 6616
- Namibia Government Gazette dated 2022-04-29 number 7799
Judgment 3
- Heiwal Investments (Proprietary) Limited and Another v Registrar: The Business and Intellectual Property Authority of Namibia and Others (HC-MD-CIV- MOT-GEN-2022/00336) [2023] NAHCMD 605 (29 September 2023)
- Namchar Proprietary Ltd v Registrar of BIPA [2020] NAHCMD 370 (21 August 2020)
- Namib Mills (Pty) Ltd v Bokomo Foods Namibia (Pty) Ltd (HC-MD-CIV-MOT-GEN 398 of 2018) [2020] NAHCMD 100 (16 March 2020)