100
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(a)
acts of such nature as to create confusion in any manner or by any means
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;
(c)
the disclosure, acquisition or use in a manner contrary to honest
commercial practices of secret information without the written consent
of the person lawfully in control of that information; and
(d)
indications or allegations in the course of trade that are likely to
mislead the public as to the nature, the manufacturing process, the
characteristics, the suitability for their purpose, or the quality of the
goods of a competitor.
Indication of source and origin
195.
(1)
Any person who sells or distributes in Namibia any goods
which were not made or produced in Namibia, and to which there is applied any name
or mark being or purporting to be the name or mark of any manufacturer, producer or
trader in Namibia or the name of any place or district in Namibia, commits an offence,
unless there is added to that name or mark, in a conspicuous manner, the name of the
country in which the goods were made or produced, with a statement that they were
made or produced there.
(2)
Any person who sells or distributes in Namibia any goods which were
not made or produced in Namibia, and to which there is applied any trade mark, mark or
trade description in any official language of Namibia, commits an offence, unless there
is added to that mark or description, in a conspicuous manner, the name of the country
in which the goods were made or produced, with a statement that they were made or
produced there.
(3)
A person who intentionally or recklessly contravenes or fails to comply
with subsection (1) or (2) is liable to a fine not exceeding N$10 000 or to imprisonment
for a period not exceeding 24 months or to both the fine and imprisonment.
PART 12
INTERNATIONAL MATTERS
Protection of well-known trade marks
196.
(1)
References in this Act to a trade mark which is entitled to
protection under the Paris Convention as a well-known trade mark are to a mark which
is well known in Namibia as being the mark of –
(a)
a person who is a national of a convention country; or