110		

Government	Gazette	23	March	2012	

Act No. 1, 2012

	

(b)	

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

not	a	fit	and	proper	person	to	continue	to	practise	as	an	agent.

Entitlement to practice
214.

(1)	

	

(a)	

practise	as	an	agent;	or	

	

(b)	

in	any	manner	hold	himself	or	herself	out	as	an	agent	or	use	any	words	
or	any	name,	title	or	description	indicating,	or	calculated	to	lead	persons	
to	infer,	that	he	or	she	is	an	agent	or	is	recognised	as	such	by	law,

A	person	may	not	-

unless	he	or	she		

(i)	

is	registered	as	an	agent	under	section	212	and	his	or	her	name	has	not	
been	removed	as	contemplated	in	section	213;		or

	

(ii)	

is	a	legal	practitioner	as	contemplated	in	section	211(4)(a);	or

	

(iii)	

practises	 in	 partnership	 with	 a	 person	 who	 is	 registered	 as	 an	 agent	
under	section	212.

	
(2)	
A	 person	 who	 contravenes	 subsection	 (1)	 commits	 an	 offence	 and	 on	
conviction	 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 3
INDUSTRIAL PROPERTY TRIBUNAL AND APPEALS
Industrial Property Tribunal
215.	 (1)	
Property	Tribunal.

There	 is	 established	 a	 tribunal	 to	 be	 known	 as	 the	 Industrial	

	
(2)	
The	 Tribunal	 consists	 of	 three	 members,	 appointed	 by	 the	 Minister	
after	consultation	with	the	Minister	responsible	for	justice,	of	whom		

(a)	

one	 must	 be	 a	 person	 with	 legal	 qualifications	 and	 who	 has	 been	
practising	law	for	a	period	of	not	less	than	five	years,	and	who	will	be	
the	chairperson;	and

	

(b)	

two	are	persons	who	have	skills,	knowledge	or	experience	in	intellectual	
property	matters,	economical	or	financial	matters.

	
(3)	
The	Minister	must,	by	regulation,	prescribe	the	terms	and	conditions	of	
appointment	of	members	of	the	Tribunal,	the	remuneration	to	be	paid	to	such	members,	
the	 termination	 of	 such	 appointments	 and	 the	 filling	 of	 vacancies	 vacated	 by	 such	
members.
	
(4)	
Despite	the	provisions	of	this	section,	the	judge-president	of	the	court,	
at	the	request	of	the	Minister,	may,	pending	the	appointment	of	members	of	the	Tribunal	

Select target paragraph3