WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/l/NAM/I/2 
2 April 2001 
(01-1636) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
NAMIBIA 
The present document reproduces the text1 of the Unified Bill on Intellectual Property Rights, 
as notified by Namibia under Article 63.2 of the Agreement (see document IPINIlINAMIl). 
Conseil des aspects des droits de proprit~te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
NAMIBIE 
Le present document contient le texte1 de -------------------------------------------------------------­
---, notifie par le Namibie au titre de l'article 63:2 de l'Accord (voir le document IPINIIINAMIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
NAMIBIA 
En el presente documento se reproduce el texto1 de --------------------------------------------------­
-------------, notificado por Namibia en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IPIN/I/NAM/l). 
I In English only.lEn anglais seulement.!En ingJes solamente. IPINIlINAM/II2 
Page 2 
BILL 
To provide for the registration and protection of patents, utility model certificates, 
industrial designs and trade marks and for matters related thereto. 
(Introduced by the Minister afTrade and Industry) 
ARRANGEMENT OF SECTIONS 
Section 
1. Definitions PART I 
PRELIMINARY 
PARTII 
AD:MJNISTRA TIVE 
2. The Patents, Marks and Designs Office 
3. Appointment of Registrar, Deputy Registrar and Assistant Registrars 
4. Powers, duties and functions of Registrar 
5. Seal of Office 
6. Registers and Official Bulletin 
7. Inventions PART ID 
PATENTS 
8. Matters excluded from patent protection 
9. Patentable inventions 
10. H..ight to patent and naming of inventor 
11. Application for patent 12. Unity of Invention, amendment and division of application 
13. Right of priority IP/NIl/NAMIII2 
Page 3 
14. Information concerning corresponding foreign applications for patents or other titles of 
protection 
15. Filing date and examination 
16. Grant of patent, time limit for grant and changes in patents 
17. Rights conferred by patent, ARIPO Protocol Patents, expliotation by government or other 
person thereby authorized 
18. Duration and annual fees 
19. Non-voluntary licences 
20. Invalidation 
2l. 
22. 
24. 
25. 
26. 
27. 
28. 
29. PART IV 
INTERNATIONAL APPLICATIONS UNDER 
THE PATENT CO-OPERATION TREATY 
Filing date and effects of international applications designating Namibia 
Office of Registrar as receiving office 
Filing of international applications with the office of the Registrar 
Office of Registrar as designated office 
Office of Registrar as elected office 
National processing 
Entering national phase 
Failure to enter national phase 
Processing international applications in accordance with treaty 
PARTY 
UTILITY :MODEL CERTIFICATES 
30. Applicability of provisions relating to patents 
31. Special provisions relating to utility model certificates 
32. Conversion of patent applications or applications for utility model certificates IPINIlINAM/I/2 
Page 4 
PART VI 
INDUSTRIAL DESIGNS 
33. Registerable industrial designs 
34. Right to ~egistration of industrial design and naming of creator 
35. Application for industrial design 
36. Examination and registration of industrial design 
37. Rights conferred by registration 
38. Duration and renewal of registered designs 
39. ARIPO Protocol Designs 
40. Invalidation of registered designs 
PARTVll 
MARKS, COLLECTIVE MARKS AND TRADE NAlVIES 
41. Acquisition of the exclusive right to a mark and registrability 
42. Application for registration 
43. Examination of application for registration of mark 
44. Application to registration of mark 
45. Registration of mark 
46. Rights conferred by registration of mark and transfer of rights thereof 
47. Banjul Protocol on Marks 
48. Invalidation for registration of mark 
49. Removal of mark on grounds of non-use 
50. Collective marks 
51. Invalidation of registration of collective mark 
52. Licensing of marks and collective marks 
53. Trade names PART VIII 
ACTS OF UNFAffi COlVIPETITION 
54. Acts of unfair competition 
55. Representation by agent 
56. Changes in ovmershlp 
57. Licence contracts 
58. Correction of errors PART IX 
GENERAL PROVISIONS 
59. Exercise of discretionary powers by Registrar 
60. Competence of COUlt and appeals from Registrar to court 
61. Infringement, unlawful acts and offences 
62. Application of international treaties 
63. Regulations 
64. Adrnirustrative instructions 
65. Repeals 
66. Savings 
67. Transitional 
68. Short title and commencement IPIN/1INAMIII2 
Page 5 
BE IT ENACTED by the Parliament of the Republic of Namibia as foUows:-
Definitions PART I 
PRELIMJNARY 
1. In this Act, unless the contexi indicates otherwise -IPIN/lINAMII/2 
Page 6 
"ARIPO" means the African Regional Intellectual Property Organization; 
"Banjul Protocol" means the Protocol on Marks within the Framework of ARIPO; 
"collective markll means any visible sign designated as such in the application for re~stration and 
capable of distinguishing the origin or any other common characteristic, including the quality, of 
goods or services of different enterprises which use the sign under the control of the registered 
owner of the collective mark; 
"court" means the High Court of Namibia as defined in section 1 of the High Court Act, 1990 (Act 
No. 16 of 1990); 
"exploitation" means -
(a) in respect ofa patented invention any of the following acts-
(i) when the patent has been granted in respect of a product, the making, importing, 
exporting, offering for sale, selling and using the products or stocking such 
products for the purposes of offering for sale; 
(ii) when the patent has been granted in respect of a process, using the process or 
doing any of the acts referred to in sub paragraph (i) in respect of a product 
obtained directly by means of the process; and 
(b) in respect of a registered industrial design, the making, selling or importation of articles, 
incorporating the industrial design; 
lIHarare Protocol" means the Protocol on Patents and Industrial Designs ",,rithin the Framework of 
ARIPO; 
"industrial design" means any composition of lines or colours or any three-dimensional form, 
whether or not associated "vith lines or colours, where such composition or [onn gives a special IPINIIINAM/I/2 
Page 7 
appearance to a product of industry or handicraft and can serve as a pattern for a product of 
industry or handicraft but does not include anything in an industrial design which serves solely to 
obtain a technical result and to the extent that it leaves no freedom as regards arbitrary features of 
appearance; 
"l.f!tern,ational Classification" means, as regards industrial designs, the classification according to the 
Locarno Agreement Establishing an International Classification for Industrial Designs and, as 
regards marks, the classification according to the Nice Agreement Concerning the International 
Classification of Goods and Services for the Purposes of the Registration of Marks, of June 15, 
1957, as last revised; 
"mark" means any visible sign capable of distinguishing goods or services of an enterprise; 
"Minister" means the Minister of Trade and Industry; 
"Paris Convention" means the Paris Convention for the Protection of Industrial Property of March 
20, 1983, as last revised; 
"patent" means the title granted to protect an invention; 
IIPatent Co-operation Treaty" means the Patent Co-operation Treaty done at Washington on June 
19, 1970; 
"priority date" means the date of the earlier application that serves as the basis for the right of 
priority provided for in the Paris Convention; 
IIregisters" means the registers referred to in section 6(1); 
IIRegistrar" means the person appointed as Registrar in terms of3; 
IIregulations" means regulations made under section 63; IPINIIINAM/JI2 
Page 8 
"trade name" means the name or designation identifYing and distinguishing an enterprise; 
"utility model certificate" means a certificate referred to in Part V. 
PART II 
ADlY1ThrrSTRA nON 
The Patents, Marks and Designs Office 
2. The office responsible for the registration and protection of patents, marks and 
designs shall, notwi.thstanding the repeal of the laws governing patents, marks' and designs, 
continue to exist for the purposes of registering and protection thereof, and for the other purposes 
of this Act. 
Appointment of Registrar, Deputy Registrar and Assistant Registrars 
3. Subject to the laws governing the Public Service, the Minister -
(a) shall appoint a person as the Registrar, who shall be respons:ble fOf the 
administration of this Act, and who shall perform such duties and functions, and 
exercise such powers as may be conferred on him or her by this Act or any other 
law; 
(b) may appoint a person as the Deputy Registrar who may, subject to the control and 
directions of the Registrar, exercise or perform any of the powers, duties and 
functions of the Registrar; 
(c) may appoint Assistant Registrars who shall perfom1 such duties and functions as 
may be necessary to assist the Registrar in the performance of the duties and 
functions imposed upon the Registrar by or under this Act or any other law. Powers, duties and functions of the Registrar IPINI1 INAM/II2 
Page 9 
4. Without derogating from the generality of the provisions of section 3, the K~~gistrar 
shall exercise and perform the follmving powers, duties and functions, namely to -
(a) process all applications made in terms of this Act; 
(b) grant patents and utility model certificates; 
(c) register industrial designs, marks and collective marks; 
(d) administer granted patents and utility model certificates and registered industrial 
designs, marks and collective marks; 
(e) carry out studies, programmes or exchanges of items or sefVIces regarding 
domestic and international industrial property law; 
Cf) establish and maintain a bulletin of marks, patents and designs in which shall be 
published all matters that are required to be published under this Act. 
Seal of office 
5. The Registrar shall have a seal of office and the impression of the seal shall be 
judicially noticed. 
Registers and Official Bulletin 
6. (1) (a) The office of the Registrar shall maintain separate registers for 
patents, industrial designs and marks. Collective marks shall be registered in a 
special section of the Register of Marks. All the recordings provided for ~n this Act 
shall be effected in the said registers. IPINIIINAM/I/2 
Page 10 
(b) The registers may be consulted by any person, and any person may obtain extracts 
from the registers under the conditions prescribed in the regulations. 
(2) The office of the Registrar shall publish in the Official Bulletin all the publications 
provided for in this Act. 
Inventions PART ID 
PATENTS 
7. Subject to the provisions of section 8, an invention may be or may relate to a 
product or process. 
:Matters excluded from patent protection 
8. The following, even if they are inventions in terms of section 1, shall be excluded 
from patent protection -
(a) discoveries, scientrnc theories and mathematical methods; 
Cb) schemes, rules or methods for doing business, perfomling purely mental acts or 
playing games; 
(c) plant or animal varieties or essentially biological processes for the production of 
plants or animals, other than microbiological processes and the products of such 
processes. 
(cl) methods for the treatment of the human or animal body by surgery or therapy, as 
well as the diagnostic methods practised on the human or animal body. This 
provision shall not apply to products for use in any of those methods. Patentable inventions 
9. (1) 
industrially applicable. 
(2) (a) JP/N/1/NAM/I12 
Page 11 
An invention is patentable if it is new, involves an inventive step and is 
An invention is new ifit is not anticipated by p,rior -lrt. 
(b) Prior art shall consist of everything disclosed to the public, anywhere in the world, 
by publication in tangible fom1 or, in Namibia, by oral disclosure, by use or in any 
other way, prior to the filing or, where appropriate, the priority date, of the 
application claiming the invention. 
(c) For the purposes of paragraph Cb) disclosure to the public of the invention shall not 
be taken into consideration if it occurred within twelve months preceding the filing 
date or, where applicable, the priority date, of the application, and if it was by 
reason or in consequence of acts committed by the applicant or his or her 
predecessor in title or of an abuse committed by a third party with regard to the 
applicant or his or her predecessor in title. 
(3) An invention shall be considered as involving an inventive step if, having regard to 
the prior art relevant to the application claiming the invention and as defined in subsection (2)(b), it 
would not have been obvious to a person having ordinary skill in the art. 
(4) An invention shall be considered industrially applicable if it can be made or used in 
any kind of industry. "Industry" shall be understood in its broadest sense; it shall cover, m 
particular, handicraft, agriculture, fishery and services. 
the commercial exploitation of which would be 
(5) Inventioni contrary to public order or morality shall not be patentable. 
Right to patcnt and naming of inventor 
10. (1) Subject to this section, the right to a patent shall belong to the inventor. IPINl1INAM/I/2 
Page 12 
(2) If two or more persons have jointly made an invention, the right to the patent shall 
belong to them jointly. 
(3) If and to the extent to which two or more persons have the same invention 
in,dependently of,each other, the person whose application has the earliest filing date or, if priority is 
cl?jmed, the earliest validly claimed priority date and leads to the grant of a patent shall have the 
rig:'1t to the patent, as long as the said application is not withdrawn, abandoned or rejected. 
(4) The right to a patent may be assigned, or may be transferred by succession. 
(5) Where an invention is made in execution of an emplOyment contract, the right to 
the patent shall belong, in the absence of contractual provisions to the contrary, to the employer. 
(6) When an invention is made in execution of a cornrrusslon or an employment 
contract, the right to the patent for that invention shall belong, in the absence of contractual 
provisions to the contrary, to the person having commissioned the work or to the employer, as the 
case may be, 
(7) \Vhen the invention has an economic value much greater than the parties could 
have reasonably foreseen at the time of concluding the contract, the inventor shall have a right to 
equitable remuneration, which shall be determined by the court in the absence of agreement 
between the parties. 
(8) Notwithstanding subsections (6) and (7), when an employee, whose employment 
contract does not require him or her to engage in inventive activity, makes, in the field of activities 
of his or her employer, an invention by using data or means available to him or her through his or 
her emplOyment, the right to the patent for that invention shall belong, in the absence .of contractual 
provisions to the contrary, to the employer: Provided that the employee shall have a right to 
equitable remuneration taking into account his or her salary, the economic value of the invention 
and any benefit derived from the invention by the employer. In the absence of agreement between 
the parties, the remuneration shall be detennined by the court. TPINIlINAM/II2 
Page 13 
(9) Any contractual provision which IS less favourable to the inventor than the 
provisions of this section shall be null and void. 
(10) The inventor shall be named as such in the patent, unless in a special written 
declaration addressed to the Registrar he or she indicates that he or she \vishes not to be named .. 
Any promise or undertaking by the inventor made to any person to the effect that he or she will 
ma.l(e such a declaration shall be without legal effect. 
Application for a patent 
11. (1) The application for a patent shall be filed with the Registrar and shall 
contain a request, a description, one or more claims, one or more drawings (where required), and 
an abstract. It shall be accompanied by the payment of the prescribed application fee. 
(2) (a) The request shall contain a petition to the effect that a patent be granted, 
the name of and other prescribed data concerning the applicant, the inventor and 
the agent, if any, and the title of the invention. 
(b) Where the applicant is not the inventor, the request shall be accompanied by a 
statement justifying the applicant's right to the patent. 
(3) The description shall disclose the invention in a manner sufficiently clear and 
complete for the invention to be carried out by a person having ordinary skill in the art, and shall, in 
particular, indicate at least one mode known to the applicant for carrying out the invention. 
(4) (a) The claim or claims shall define the matter for which protection is sought. 
The description and the drawings may be used to irlterpret the claims. 
(b) Claims shall be clear and concise and shall be fully supported by the description. fP/N/1/NAM/I/2 
Page 14 
(5) Drawings shall be required when they are necessary for the understanding of the 
invention. 
(6) The abstract shall merely serve the purpose of technical infonnation; in particular, 
it shall not be taken into account for the purpose of interpreting the scope of the protection. 
(7) The applicant may, up to the time when the application is in order for grant, 
withdraw the application at any time during its pendency. 
Unity of invention, amendment and division of application 
12. (1) The application shall relate to one invention only or to a group of inven-
tions so linked as to fonn a single general inventive concept. 
(2) The applicant may, up to the time when the application is in order for grant, amend 
the application, provided that the amendment shall not go beyond the disclosure in the initial 
application. 
(3) (a) The applicant may up to the time when the application is in order for grant, 
divide the application into two or more applications herein referred to as "divisional 
applications", provided that each application shalt not go beyond the disclosure in 
the initial application. 
(b) Each divisional application shall be entitled to the filing date and, where applicable, 
the priority date of the initial application. 
(4) The fact that a patent has been granted on an application that did not comply with 
the requirement of unity of invention under subsection (1) shall not be a ground for the invalidation 
of the patent. IP/N!1/NAMIII2 
Page 15 
Right of priority 
13. (1) The application may contain a declaration c1aimlng the priority, as provided 
for in the Paris Convention, of one or more earlier national, regional or international applications 
filed by the applicant or his or her predecessor in title in or for any State party to the said 
C.onvention or any member of the World Trade Organization. 
(2) \Vhere the application contains a declaration under subsection (1) the Registrar may 
require that the applicant furnish, within the prescribed time limit, a copy of the earlier application 
certmed as correct by the office with which it was filed. 
(3) The effect of the said declaration shall be as provided in the Paris Convention. 
(4) If the Registrar finds that the requirements under this section and the regulations 
relating thereto have not been fulfilled, the said declaration shall be considered not to have been 
made. 
Information concerning corresponding foreign applications for patents or other titles of 
protection 
14. (1) The applicant shall, at the request of the Registrar, filrnish him or her with 
the date and number of any application for a patent or other title of protection filed by him or her 
abroad herein referred to as a "foreign application" relating to the same or essentially the same 
invention as that claimed in the application filed \vith the office of the Registrar. 
(2) (a) The applicant shaU, at the request of the Registrar, furnish him or her with 
the foUowing documents relating to one of the foreign applications referred to in 
subsection (1) -
(i) a copy of any communication received by the applicant concerning the 
results of any search or examination carried out in respect of the foreign 
application; IPINIlINAM/I/2 
Page 16 
(ii) a copy of the patent or other title of protection granted on the basis of the 
foreign application; 
(iii) a copy of any final decision rejecting the foreign application or refusing the 
grant requested in the foreign application. 
(b) The applicant shall, at the request of the Registrar, furnish him or her \vith a copy of 
any final decision invalidating the patent or other title of protection granted on the 
basis of the foreign application referred to in paragraph (a). 
Filing date and examination 
15. (1) The Registrar shall accord as the filing date, the date of receipt of the 
application, provided that, at the time of receipt, the application fee is paid and the application 
contains -
(a) an express or implicit indication that the granting ofa patent is sought; 
(b) indications allowing to establish the identity of the applicant; 
(c) a part which, on the face of it appears to be a description ofan invention. 
(2) If the Registrar finds that the application did not, at the time of receipt, comply with 
the requirements of subsection (1), he or she shall invite the applicant to file the required correction 
and shall accord as the filing date the date of receipt of the required correction, but if no correction 
is made, the application shall be treated as if it has not been filed. 
(3) \Vhere the application refers to drawings which in fact are not included in the 
application, the Registrar shall invite the applicant to furnish the missing drawings. IP/N/1/NAM/J/2 
Page 17 
(4) If the applicant complies with the invitation referred to in subsection (3), the 
Registrar shall accord as the filing date, the date of receipt of the missing drawings. Othervvise the 
Registrar shall accord as the filing date, the date of receipt of the application and shall treat any 
reference to the said drawings as non-existent. 
(5) After according a filing date the Registrar shall examine whether the application 
complies with the requirements of section 11 (1) and (2) and the regulations relating thereto and 
those requirements of this Act and the regulations which are designated as formal requirements for 
the purposes ofthis Act. 
(6) Where the Registrar is of the opinion that the application complies with the 
requirements indicated in subsection 5, the Registrar shall cause the application to be examined as 
to whether the requirements of sections 7, 8, 9, 11(3), (4), (5), (6), (7), 12 and 14 and the 
regulations relating thereto are complied with. 
(7) The regulations may prescribe that, in respect of some categories of inventions, the 
examination shall not cover the requirements of novelty and inventive step under section 9(2) and 
(3). 
Grant of patent, time limit for grant and changes in patents 
16. (1) 'Where the Registrar finds that, subject to section 14(5), the conditions 
referred to in section 15(5) and (6) are complied v.ith, he or she shall grant the patent. Otherwise, 
he or she shall refuse the application and notifY the applicant accordingly. 
(2) Any person who makes an application for a patent but is not the inventor shall 
furnish to the registrar, in \vnting, a statement justifYing his or her right to the patent. 
(3) 'When he grants a patent, the Registrar shall -
(a) publish a reference to the grant of the patent; IPINI1INAM/II2 
Page 18 
(b) issue to the applicant a certificate of the grant of the patent and a copy of the 
patent; 
(c) record the patent; 
(d) make available copies of the patent to the public, on payment of the prescribed fee. 
(4) The Regjstrar shall, whenever possible, make a final decision on the application not 
later than two years after the conunencement of the examlnation referred to in section 15(6). 
(5) The Regjstrar shall, upon request of the owner of the patent, make changes in the 
text or drawings of the patent in order to limit the extent of the protection conferred by the patent, 
provided that the change would not result in the disclosure contained in the patent going beyond 
the disclosure contained in the initial application on the basis of which the patent was granted. 
llights conferred by patent, ARIPO Protocol Patents, exploitation by Government or person 
thereby authorised 
17. (1) Subject to subsections (3) and (5) and section 19, the exploitation of the 
, 
patented invention in Narrlibia by persons' other than the owner of the patent shall require the 
owner's agreement. 
(2) The owner of the patent shall, in addition to any other rights, remedies or actions 
available to him or her, have the right subject to subsections (3) and (5) and section 19 to institute 
court proceedings against any person who exploits the patent 'Vvithout his or her agreement, in 
terms of subsection (1), or who performs acts which make it likely that infringement will occur. 
(3) The rights under the patent shall not exiend -
(a) to acts in respect of articles which have been put on the market in Namibia by the 
owner of the patent or with his or her consent; IPINIIINAM/II2 
Page 19 
(b) to the use of articles on aircraft, land vehicles, or vessels of other countries which 
temporarily or accidentally enter the airspace, territory or \vaters of Namibia; or 
(c) to acts done for scientrnc research. 
(4) A patent in respect ofwruch Namibia is a designated State, granted by ARIPO by 
virtue of the ARIPO Protocol shall have the same effect in Namibia as a patent granted under this 
Act unless the Registrar has communicated to ARIPO in respect of the application therefor, a 
decision in accordance \vith the provisions of the Protocol, that if a patent is granted by ARIPO 
that patent shall have no effect in Namibia. 
(5) vVhere the public interest, in particular, national security, nutrition, health or the 
development of other vital sector of the national economy so require, the Ivliruster may decide that, 
even without the agreement of the owner of the patent, a government agency or a third person 
designated by the 't\.1inister may exploit the invention, subject to the payment of an equitable 
remuneration to the said ovmer. 
(6) The decision of the Minister in respect of remuneration may be the subject of an 
appeal before the High court. 
Duration and annual fees 
18. (1) Subject to subsection (2), a patent shall expire 20 years after the filing date 
of the application for the patent 
(2) In order to maintain the patent or patent application, an annual fee shall be paid in 
advance to the Registrar for each year, starting one year after the filing date of the application for 
grant of the patent. A period of grace of six months shall be allowed for the late payment of the 
annual fe,~ on payment of the prescribed surcharge. If an annual fee is not paid in accordance with 
the provisions of this subsection, the patent application shall be deemed to have been withdrawn or 
the patent shall lapse. IP/NI1/NAM/II2 
Page 20 
Non-voluntary licences 
19. (1) On the request of any person who proves his or her ability to work a 
patented invention in Namibia, made to the Registrar after the expiration of a period of four years 
from the date of filing of the patent application or three years from the date of the grant of the 
patent, whichever period expires last, the Registrar may grant a non-voluntary licence if the 
patented invention is not worked or is insufficiently \vorked in Namibia. 
(2) Notwithstanding subsection (1), a non-voluntary licence shall not be granted if the 
owner of the patent satisfies the Registrar that circumstances exist which justify the non-working 
or insufficient working of the patented invention in Namibia. lmportation shall not constitute such 
a circumstance. 
(3) The beneficiary of the non-voluntary licence shall have the right to exploit, other 
than to import the patented invention in Namibia according to the tenns set down in the decision 
granting the licence, shall commence the working of the patented invention in Narriibia within the 
time limit fixed in the said decision and, thereafter, shall work the patented invention sufficiently in 
Namibia, subject to the payment of an equitable remuneration therefor as determined in the said 
decision. 
(4) The grant of the non-voluntary licence shall not exclude -
(a) the conclusion of licence contracts by the owner of the patent or the grant of other 
non-voluntary licences; or 
(b) the exploitation of the patented invention under section 17(5). 
Invalidation 
20. (1) Any interested person may request the court to invalidate a patent. IPIN/1INAMIII2 
Page 21 
(2) The court shall invalidate the patent if the person requesting the invalidation proves 
that any of the requirements of sections 7,8,9, and 11(3), (4) and (5) and the regulations relating 
thereto is not fulfilled or if the owner of the patent is not the inventor or his or her successor in title. 
(3) Any invalidated patent, or claim or part of a claim, shall be regarded as null and 
void from the date of the grant of the patent. . 
(4) The final decision of the court shall be notified to the Registrar who shall record it 
and publish a reference thereto as soon as possible. 
PART IV 
INTElli~ATIONALAPPLICATIONS UNDER THE 
PATENT CO-OPERATION TREATY 
Filing date and effects of international applications designating Namibia 
21. An international application designating Namibia shall, subject to this Part, b~ 
treated as an application for a patent filed under this Act huvir;g as its filing date the international 
fuing date accorded under the Patent Co-operation Treaty. 
Office of Registrar as receiving office 
22. (1) The office of the Registrar shall, unless an agreement is in force under 
subsection (2) act as a receiving office in respect of any international application filed with it by a 
resident or national of Nanlibia. 
(2) The office of the Registrar may, with the consent of the :Minister, make an 
agreement referred to in rule 19(1)(b) of the regulations under the Patent Co-operation Treaty 
whereby an office other than the office of the Registrar shall act as receiving office for applicants 
who are residents or nationals ofNarnibia. IP/NIl/NAMIII2 
Page 22 
Filing of international applications with the office of the Registrar 
23. An international application filed with the office of the Registrar as receiving office 
shall be filed in English and the prescribed transmittal fee shall be paid to the office of the Registrar 
within one month from the date of receipt of the international application. 
Office of Registrar as designated office 
24. The office of the Registrar shall act as a designated office in respect of an 
international application in which Namibia is designated for the purposes of obtaining a national 
patent under this Act. 
Office of the Registrar as elected office 
25. The office of the Registrar shall act as an elected office in respect of an international 
application in which Namibia is designated as referred to in section 24 if the applicant elects 
Namibia for the purposes of :ntemational preliminary examination under Chapter II of the Patent 
Co-operation Treaty. 
National processing 
26. The office of the Registrar as designa~ed office or elected ofiice shall not com-
mence processing of an international application designating Namibia before the expiration of the 
time limit referred to in section 27 except if the applicant complies with the requirements of that 
section and files with the office of the Registrar an express request for early conunencement of such 
processing. 
Entering national phase 
27. The applicant in respect of an international application designating Namibia shall, 
before the expiration of the time limit applicable under Article 22 or 39 of the Patent Co-operation 
Treaty or of such later tin1e limit as may be prescribed in the regulations -Ca) pay the prescribed fee to the office of the Regjstrar; and IPIN/1INAM/I/2 
Page 23 
(b) if the international application was not filed in, and has not been published under the 
Patent Co-operation Treaty as a translation into English, file \-vith the office of the 
Regjstrar a translation of the international application, containing the prescribed 
contents, into English. 
Failure to enter national phase 
28. If the applicant fails to comply with the requirements of section 27 ·within the time 
limit referred to in that section, the international application shall be considered withdraV'vTI for the 
purposes of this Act. 
Processing international applications in accordance with Treaty 
29. (1) The office of the Regjstrar shall process international applications in 
accordance with the provisions of the Patent Co-operation Treaty, the regulations made thereunder 
and the administrative instructions authorized to be made under the Treaty and with the provisions 
of this' Act and the regulations made under this Act. 
(2) The regulations made under this Act may, provi.de for the making of further details 
concerning the processing of international applications by, and other functions, of the office of the 
Registrar under the Patent Co-operation Treaty, including fees payable, time limits and other 
requirements relating to international applications. IPIN/IINAM/II2 
Page 24 
PART V 
UTILTIY MODEL CERTIF1CATES 
A pplicability of provisions relating to patents 
30. (1) Subject to section 31, the provisions of Part IT shall a.pply, subject tq the 
necessary changes, to utility model certificates or applications therefor, as the case may be. 
(2) \Vhere the right to a patent conflicts \vith the right to a utility model certificate in 
the case referred to in section 10(3), the said provision shall apply as if the word "patent" were 
replaced by the words "patent or utility model certificate". 
Special provisions relating to utility model certificates 
31. (1) An invention qualifies for a utility model certificate if it is new and is 
industrially applicable. 
(2) Section 9(1) shall not apply in the case of inventions for which utility model 
certificates are requested. 
(3) Section 15(6) shall not apply in the case of applications for utility model certificates. 
(4) A utility model certificate shall expire, without any possibility ofrenewal, at the end 
ofthe seventh year after the date of the filing of the application. 
(5) With the exception of subsection (5) of section 15, section 15 shall not apply in the 
case of utility model certificates. 
(6) In proceedings under section 20, the court shall invalidate the utility model 
certificates on the following grounds -JP/NIl/NAM/I/2 
Page 25 
(a) that the claimed invention did not qualify for a utility model certificate, having 
regard to subsection (l) and to section 9(2), (3), (4) and (5); 
(b) that the description and the claims do not comply \vith the requirements prescribed 
by section 11 (3) and (4) and the regulations relating thereto; 
(c) that any dra\ving which is necessary for the understanding of the invention has not 
been furnished; 
(d) that the owner of the utility model certmcate is not the inventor or his or her 
successor in title. 
(7) Section 20(2) shall not apply in the case of utility model certificates. 
Conversion of patent applications or applications for utility model certificates 
32. (1) At any time before the grant or rejection of a patent, an applicant for a 
patent may, upon payment of the prescribed fee, convert his or her application into an application 
for a utility model certificate, which shall be accorded the filing date of the initial application. 
(2) At any tin1e before the grant or rejection of a utility model certmcate, an applicant 
for a utility model certificate may, upon payment of the prescribed fee, convert his or her 
application into an application for a patent, which shall be accorded the filing date of the initial 
application. 
(3) No person may convert an application under subsection (1) more than once. IP/NIl/NAMIII2 
Page 26 
Registrable ind ustrial designs PART VI 
INDUSTRIAL DESIGNS 
33. (1) An industrial de?ign (hereinafie.r referred to as "a design") shall be capable 
of being registered ifit is new. 
(2) A design shall be deemed to be new if it has not been disclosed to the public, 
anywhere in the world, by publication in a tangible form, or by use or in any other way, prior to the 
filing date or, where applicable, the priority date of the application for registration. Section 9(2)( c) 
shall apply with the necessary changes. 
(3) Disclosure of information which would otherwise affect the registrability of a 
design claimed in the application shall not affect the registrability of that design where the 
information was disclosed, during the twelve months preceding the filing date of the application or, 
where priority is claimed, the priority date of the application-
(a) by the inventor; or 
(b) by a third party which obtained the information directly or indirectly from the 
inventor. 
(4) A design which is contrary to public order or morality shall not be registered. 
llight to registration of industrial design and naming of creator 
34. Section 10 shall apply with the necessary changes. Application for registration of design IPINIlINAM/II2 
Page 27 
35. (1) An application for the registration of a design shall be filed with the 
Registrar and shall contain the following -
(a) a request, in writing, that the design be registered; 
(b) drawings, photographs or other graphic representations of the article embodying 
the design; 
(c) a statement, in vmting, indicating the type of products for \-vruch the design is to be 
used; and 
(d) the prescribed application fee. 
(2) Where the applicant is not the creator of the design, he or she shall furnish the 
Registrar, in writing, such proof of his or her title or authority to apply for the registration of the 
design as may be prescribed. 
(3) An application under this section may be in respect of two or more designs relating 
to the same class ofInternational Classification or to the same set or composition of articles. 
(4) For the purposes of this section, "International Classification" means the classifica-
tion according to the Locarno Agreement establisrung an International Classification for Industrial 
Designs. 
(5) The application at the time of filing, may contain a request that the publication of 
the design, upon registration, be deferred for a period not exceeding twelve months from the date 
offiling or, ifpnonty is claimed, from the date ofpnonty, of the application. 
(6) The provisions of section 13 shall apply with the necessary changes. IPINI] INAM/I/2 
Page 28 
(7) The applicant may, at any time before the registration of a design, withdraw his or 
her application. 
Examination and registration of industrial design 
36. (1) Subject to subsection (2) the Registrar shall accord as the filing date the 
date of receipt of the application. 
(2) Notwithstanding subsection (1), the Registrar shall accord as the filing date the date 
referred to in subsection (1) only if the application meets the following requirements-
(a) the application fee is paid; 
(b) the application contains the name of the applicant; and 
(c) the application contains a specimen of the article embodying the industrial design or 
a pictorial representation thereof. 
(3) Section 15(2) shall with the necessary changes apply to an application under this 
subsection. 
(4) (a) After according a filing date, the Registrar shall examine whether the 
application complies with the requirements of section 35(1) and (2) and the 
regulations relating thereto. 
(b) The Registrar shall examine whether the design complies with the requirements of 
section 3 and the regulations relating thereto. 
(5) Where the Registrar finds that the conditions referred in subsection (4) hereof are 
satisfied, he or she shall register the design, publish a reference to the registration and issue to the 
applicant a certificate of registration of the design or refuse the application, as the case may be. Rights conferred by registration IP/N/IINAM/l/2 
Page 29 
37. (1) No person shall exploit, in Namibia, a design registered in Namibia unless 
he or she has been authorized, in writing, to do so by the o\-vner of that design. 
(2) The person registered as the owner of a design shall, su~ject to the provisions of 
this Act, and to any rights appearing from the register of designs to be vested in any other person, 
have the exclusive right, in Narnibi~ to make. import or seU anv ::l.rtirle bearm.g or embodying the 
, a design substantially similar to the registered deSIgn, 
registered design)e a deSIgn substantially different from the registered design, when such acts are 
undertaken for cOl11Il1ercial purposes. 
(3) Insert Section 30(4) of WIPO draft. 
(4) For the purposes of this section, exploitation ofa registered design means the doing 
of any act mentioned in subsection (2). 
(5) The rights of the owner of a reglstered design shall not extend to acts in respect of 
which articles have been put on the market in Namibia by such owner, or \vith his or her consent. 
Duration and renewal of registered designs 
38. (1) The registration in respect of a design shall expire five years after the filing 
date of the application for its registration, but may, upon payment of such renewal fee as may be 
prescribed, be renewed for two further consecutive periods offive years each. 
(2) V/here the owner of the design pays the renewal fee late, the Registrar shall, upon 
payment of such surcharge by the owner as may be prescribed, give him or her a period of grace of 
six months within which he or she must pay the late renewal fee. 
ARIPO Protocol designs 
39. An industrial design in respect of which Namibia is a designated State, registered by 
ARIPO by virtue of the ARIPO Protocol, shall have the same effect in Namibia as a design 
registered under this Act uruess the Registrar communicates, to ARIPO, in respect of the IP/NIl/NAM/I12 
Page 30 
application therefor, a decision, in accordance with the provisions of the Protocol, that if a design is 
registered by ARIPO, that registration shall have no effect in Namibia. 
Invalidation of registered designs 
40. (1) Any interested person may request the High Court to invalidate the regis-
tration of a design if that person proves that -
(a) the design is not a design as defined in section 1; 
(b) any of the requirements of section 33 ~e..J:egulatiGns-relating--tOOrero· is not 
complied with; 
(c) the registered owner of the design is not the creator or his or her successor in title; 
or 
(cl) on any ground on which the Registrar could have renlsed to register the design. 
(2) An invalidated registration of an industrial design shall be regarded as null and void 
from the date of the grant ofthe certificate of registration of the design. 
(3) The fmal decision of the court shall be notified to the Registrar who shall record it 
and publish it in the bulletin as soon as possible. 
PARTVll 
MARKS, COLLECTIVE MARKS Al'ID TRADE NA1V[ES 
Acquisition of exclusive right to a mark and registrability 
41. (1) The exclusive right to a mark, as conferred by this Act, shall be acquired by 
registration in accordance \vith the provisions of this Act. (2) A mark cannot be validly registered if it is -IPINIlINAM/I/2 
Page 31 
(a) incapable of distinguishing the goods or services of one enterprise from those of 
other enterprises; 
(b) contrary to public order or morality; 
(c) likely to mislead the public or trade circles, in particular as regards the geographical 
origin of the goods or services concerned or their nature or characteristics; 
(d) identical with, or is an imitation of or contains as an element, an armorial bearing, 
flag and other emblem, a name or abbreviation or initials of the name of, or official 
sign or hallmark adopted by, any State, intergovernmental organisation or 
organisation created by an international convention, unless authorised by the 
competent authority of that State or organisation; 
(e) identical with, or confusingly similar to, or constitutes a translation of, a mark or 
trade name which is well known in Namibia for identical or stmilar goods or 
services of another enterprise; 
(t) identical with a mark belonging to Cl different proprietor and already on the 
Register, or with an earlier filing or priority date, in respect of the same goods or 
services or closely related goods or services, or if it so nearly resembles such a 
mark as to be likely to deceive or cause confusion. 
Application for registration of a mark 
42. (1) An application for the registration of a mark, accompanied by such fee as 
may be prescribed, shall be flled with the Registrar in the prescribed manner and shall contain the 
following -
(a) a request; fPINIIINAM/II2 
Page 32 
(b) a reproduction ofthe mark; and 
(c) a list of the goods or services for which registration of the mark is requested, listed 
under the applicable class or classes of the International Classification. 
(2) The provisions of section 13 in respect of the right of priority shall apply with the 
necessary changes. 
(3) The applicant may, at any time before the mark is registered, withdraw his or her 
application. 
Examination of application for registration of a mark 
43. (1) The Registrar shall examrne the application to detenrune whether it 
complies with the requirements of section 42(1) and the regulations relating thereto. 
(2) The Registrar shall also determine whether the mark is a mark as defined in section 
1 and is registrable under section 41. 
(3) The Registrar shall, if he or she is satisfied that the application complies \vith the 
requirements of tills section, accept that application and shall, within such time and in a manner 
prescribed, publish that application in the bulletin. 
Opposition to registration of a mark 
44. (1) Any interested person may, within the prescribed period and in the prescri-
bed manner, give notice to the Registrar of opposition to the registration of the mark on grounds 
that one or more of the requirements of section 1 relating to the definition of a mark, and section 
41(2) have not been complied with. IPINIlINAM/I/2 
Page 33 
(2) The Registrar shall as soon as possible after receiving such notice, send a copy of 
the notice to the applicant who shall, \vithin such period and in such manner as may be prescribed, 
send, to the Registrar a counter-statement of the grounds on which he or she relies for his or her 
application. 
(3) If the applicant fails to comply \vith the provisions of subsection (2), he or she shall 
be deemed to have abandoned the application. 
(4) Where the applicant files his or her counter-statement, the Registrar shall as soon as 
possible furnish a copy thereof to the person opposing and shall, after hearing the parties, if either 
or both \vish to be heard, and considering the merits of the case, decide whether the mark should be 
registered. 
(5) After the publication of the application and until the registration of the mark, the 
applicant shall have the same rights and privileges as he or she would have if the mark had been 
registered, but it shall be a valid defence to an action brought under this section in respect of an act 
done after the application was published, if the defendant proves that the mark could not validly 
have been registered at the time the act was done. 
Registration of mark 
45. (1) V/here the Registrar is satisfied that the application for the registration of a 
mark complies \,'/lth the requirements of this Act relating to marks, and the registration of the mark 
has not been opposed within the prescribed time limit, or the registration of the mark has been 
opposed but he or she has decided in the applicant's favour, the Registrar shall -
(a) register the mark in the appropriate register and issue to the applicant a certificate 
of registration; and 
(b) publish, in the bulletin, a reference to the registration of the mark. IP/NIl/NAMII12 
Page 34 
(2) Where the requirements for the registration of a mark are not complied with, or an 
applicant for the registration of a mark has been successfully opposed, the Registrar shall refuse to 
register that mark. 
Rights conferred by registration of mark and transfer of rights thereof 
46. (1) No person shall use a registered mark unless he or she has been authorized, 
in writing, to do so by the registered owner of that mark. 
(2) The rights conferred by registration of a mark shall not extend to acts in respect of 
articles which have been put on the market in Namibia by the registered owner or with his or her 
consent. 
(3) The rights in a mark may be transferred by cessIon., assigrunent, testamentary 
disposition or by operation oflaw. 
BanjuI Protocol on marks 
47. A mark in respect of which Namibia is a designated State, registered by AlUPO by 
virtue of the Banjul Protocol, shall have the same effect and enjoy the same protection in Namibia 
as a mark registered under this Act unless the Registrar communicates, to ARIPO, in respect of the 
application for that mark, a decision in accordance with the prO\.isions of that Protocol, that if a 
mark is registered by ARIPO, that mark shall have no effect in Namibia. 
Invalidation for registration of mark 
48. (1) Any interested person may apply to the Registrar for the invalidation of the 
registration of a mark on the ground that the requirements of section 41 and section 1 in respect of 
the definition of a mark have not been complied with. 
(2) An application for the invalidation of a registration of a mark shall be served on the 
owner of the mark in the marmer prescribed. IPIN/IINAMIII2 
Page 35 
(3) Any invalidation of the registration of a mark shall be deemed to have been 
effective from the date ofregistration of the mark and a reference thereto shall be published in the 
bulletin by the Registrar as soon as possible. 
B,emoval of mark on grounds of non-use 
49. (1) Any interested person may by application request the Registrar to remove a 
mark from the register, in respect of any of the goods or services in respect of which it is registered 
on the ground that up to one month prior to filing the application, the mark had, after its 
registration, not been used by the registered owner or a licensee during a continuous period of three 
or more years. 
(2) The Registrar shall not remove a mark from the register if the owner of that mark 
can show that circumstances existed which prevented the use of the mark and that there was no 
intention not to use the mark in respect of those goods or services, or that there was no intention to 
abandon the use of the mark in respect of the said goods or services. 
(3) An application for the removal of a mark from the register of marks shall be served 
on the owner of the mark and filed with the Registrar in the manner and within the time prescribed. 
Collective marks 
50. (1) Subject to subsections (2) and (3), sections 41 to 48 shall apply to collec-
tive marks, save that references in the said provisions to a mark shall be read as being references to 
a collective mark. 
(2) An application for the registration of a collective mark shall designate the mark as a 
collective mark and shall be accompanied by a copy of the rules goveming the use of the collective 
mark. IPfNl1 fNAM/II2 
Page 36 
(3 ) For the purposes of subsection (2), "rules" mean the rules made by the person 
under whose control the collective mark may be used. 
(4) The registered owner of a collective mark shall notifY the Registrar, in writing, of 
any changes made in respect of the rules referred to in subsection (2). 
lnvalidation or'registration of collective mark 
51. (1) In addition to the grounds referred to in section 48(1), the Registrar shall 
invalidate the registration of a collective mark if the person requesting the invalidation proves that 
only the registered owner uses the mark, or that he or she uses or pemuts its use in a manner which 
is liable to deceive trade circles or the public as to the origin or any other common characteristics of 
the goods or services concerned. 
(2) An application for the invalidation of a collective mark shall be served on the owner 
of the mark in the manner and witrun the time prescribed. 
Licensing of marks and collective marks 
52. (1) Any licence contract made in respect of the registration of a mark or an 
application for the registration of a mark shall provide for the effective control, by the licensor or, 
of the quality of the goods or services of the licensee in connection with which the mark is used. 
(2) If the licence contract does not provide for such quality control or if such quality 
control is not effectively carried out, the licence contract shall not be valid. 
(3) The registration of a collective mark, or an application for such registration, may 
not be the subject of a licence contract. Trade names 
53. (1) IPINIIINAMIJI2 
Page 37 
A name or designation may not be used as a trade name if by its nature or 
the use to which it may be put, it is contrary to public order or morality and if, in particular, it is 
liable to deceive trade circles or the public as to the nature of the enterprise identified by that name. 
(2) Notwithstanding any laws or regulations providing for any obligation to register 
trade nan1es, such names shall be protected, even prior to or without registration, against any 
unlawful act committed by third parties. 
(3) Any subsequent use of the trade name by a third party, whether as a trade name or 
a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the 
public shall be deemed unlawful. 
PART ''ill 
ACTS OF lTh"'FAIR COIVIPETITION 
Acts of unfair competition 
54. (1) Any act of competition contrary to honest practices In industrial or 
commercial matters shall be unlawful. 
(2) The following acts, in particular, shall be deemed to constitute acts of unfair 
competition -
(a) all acts of such nature as to create confusion by any means \vhatever with the 
establishment, the goods, or the industrial or commercial activities, of a competitor; 
(b) the making of false allegations in the course of trade of such nature as to discredit 
the establishment, the goods, or the industrial or commercial activities, of a 
competitor; TPINIIINAM/I/2 
Page 38 
(c) indications or allegations the use of which in the course of trade is Liable to mislead 
the public as to the nature, the manufacturing process, the characteristics, the 
suitability for their purpose, or the quantity of the goods, of a competitor. 
Representation by agent PART IX 
GENERAL PROVISIONS 
55. Where the applicant's ordinary residence or principal place of business is outside 
Namibia, he or she shall be represented by a legal practitioner resident and practising in Namibia in 
accordance with the provisions of the Legal Practitioners' Act, 1995 (Act No. 15 of 1995). 
Changes in ownership 
56. (1) Any change in the ownership of a patent, a utility model certificate, the 
registration of an industrial design, mark or collective mark, or in the ownership of an application 
therefor, shall be in writing and shall, at the request, of any interested party, to the Registrar, be 
recorded and, except in the case of an application, published by the Registrar. 
(2) A change in the ownership of anything mentioned in subsection (1), shall have no 
effect against third parties unless it has been recorded by the Registrar in the appropriate register. 
(3) A change in the ownership of the registration of a collective mark, or in the 
ownership of an application therefor, shall require the prior approval, in writing, of the Minister. 
(4) A change in the ownership of a trade name shall be made with the transfer of the 
enterprise or part thereof identified by that name and shall be in writing. 
(5) A change in the ownership of the registration of a mark or a collective mark shall 
be invalid if it is likely to deceive or cause confusion particularly in regard to the nature, origin, IP/N/]/NAMIII2 
Page 39 
manufacturing process, characteristics or suitability for their purpose, of the goods or services in 
relation to which the mark or collective mark is intended to be used or is being used. 
Licence contracts 
57. Any licence contract concerning a patent, a utility model certificate, a registered 
desigri or registered mark, or an application, or an application for any of the said items shall have no 
effect against third parties unless it has been recorded by the Registrar in the appropriate register. 
Correction of errors 
ss. (1) The Registrar may correct any clerical error or error in translation or 
transcription in any application filed under this Act, or in a document filed or lodged in pursuance 
of such application, and the Registrar may, also correct any clerical error in any register maintained 
pursuant to this Act or the regulations. 
(2) Subsection (1) shall not be construed as giving the Registrar any power to correct 
or amend an application, document or register in any material manner. 
(3) A correction made in pursuance of this section shall be made by the Registrar on his 
or her own accord or upon the request of any person. 
(4) Where any person requests the Registrar to correct an application or other 
document filed under this Act, that person shall pay, to the Registrar, such fee as may be 
prescribed. 
Sxercise of discretionary powers by Registrar 
59. The Registrar shall give any party to a proceeding before him or her an opportunity 
oVbeing heard before exercising adversely to that party any discretion vested in the Registrar by this 
Act or the regulations. IPINIIINAM/II2 
Page 40 
Competence of court and appeals from Registrar to court 
60. (1) The court shall have jurisdiction in cases of dispute relating to the applica-
tion of this Act and the regulations and in matters which under this Act are to be referred to the 
court. 
(2) A decision taken by the Registrar under this Act, in particular, the grant of a patent 
or of a utility model certiEcate or a certiEcate of registration of an industrial design or of a mark or 
collective mark, or the rejection of an application for such a grant or registration, may be subject of 
an appeal by an interested party before the court and such appeal shall be filed as may be 
prescribed. 
Infringement, unlawful acts and offences 
61. (1) Subject to sections 17(3) and (5), 19, 37(4) and 46(2), an infringement shall 
consist of the performance, in Namibia, by any person other than the owner of the title of 
protection, without the agreement of the owner, of any act referred to in section 17, 37 and 46. 
(2) On the request of the owner of the title of protection, or of a licensee if he or she 
has requested the owner to institute court proceedings for a speciEc relief and the owner has 
refused or failed to do so, the court may grant an interdict to prevent infringement, an inuninent 
infringement, or an unlawful act referred to in sections 53(2) and (3) and 54, award damages and 
grant any other remedy provided for in the general law. 
(3) On the request of a competent authority or an interested person, association or 
syndicate, in particular, of producers, manufacturers or traders, the court may grant the same relief 
in case ofan act of unfair competition referred to in section 54. 
(4) A person who performs an act which constitutes an infringement as defined in 
subsection (1) or an unlawful act as defined in section 53(2) and (3) and section 54, commits an 
offence and is liable on conviction to a fine ofN$4 000 or to imprisonment for a term of twelve 
months. IP/NJI /NAM/II2 
Page 41 
Application ofintemational treaties 
62. The provisions of any international treaty in respect of industrial property to which 
Namibia is a party shall apply to matters covered by this Act and, in case of conflict with the 
provisions ofthis Act, the provisions of the international treaty shall prevail. 
Regulations 
.63. The Minister may, by notice in the Gazette make regulations relating to-
Ca) application fees for the grant of patents, utility model certificates and registration of 
industrial designs, marks and collective marks. 
(b) the fees for copies of patents for the public; 
Cc) the surcharge payable in respect oflate payment of renewal fees; and 
(d) a matter which is necessary for the purpose of achieving the objects of this Act. 
Administrative instructions 
64. The Registrar may issue administrative instructions relating to procedures under 
this Act and the regulations as well as to functions relating to procedures under this Act and the 
regulations as well as to functions of his or her office. 
Repeals IPINIIINAMIII2 
Page 42 
65. 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. 
Savings 
66. Anything done under the laws repealed by section 65 and in force immediately prior 
to the coming into force of this Act shall, so far as it is not inconsistent with the provisions of this 
Act, continue in force as if made under this Act. 
Transitional 
67. (1) Notwithstanding the repeals referred to in section 65, patents granted under 
the repealed laws shall remain in force but shall, subject to subsection (2) and (3) be deemed to 
have been granted under this Act. 
(2) Patents thus granted and industrial designs thus registered shall remain in force for 
the unexpired portion of the period of protection provided thereunder subject to the payment of the 
fees provided for under this Act. 
(3) Trade marks registered under the repealed law relating to trade marks, shall be due 
for renewal within the same period as under the repealed law or ten years from the entry into force 
of this Act, whichever period first expires, and, upon renewal, shall be classrned in accordance with 
the International Classrncation. 
Short title and commencement 
68. This Act shall be called the Industrial Property Act, 1999 and shall come into 
operation on a date to be fixed by the Minister by notice in the Gazette. 