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Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

	
(9)	
In	considering	any	application	under	subsection	(7)	the	Tribunal	must,	
unless	 it	 appears	 that	 there	 are	 good	 reasons	 to	 the	 contrary,	 resolve	 the	 dispute	 in	 a	
manner	which	will	lead	to	the	preservation	and	exploitation	of	the	patent.
PART 8
VOLUNTARY LICENCES
Form and recordal of licence
51.	
(1)	
The	owner	of	a	patent	application	or	a	patent	may	enter	into	a	
contract	 with	 one	 or	 more	 other	 persons	 to	 authorise	 such	 person	 or	 persons	 to	 exploit	
the	invention	covered	by	the	patent	application	or	the	patent	in	Namibia	(herein	referred	
to	as	a	“voluntary	licence”).
	
(2)	
A	 voluntary	 licence	 contract	 concerning	 an	 application	 for	 a	 patent	 or	
a	 patent	 must	 be	 submitted	 to	 the	 Registrar	 in	 the	 prescribed	 manner	 and	 within	 the	
prescribed	period.
	

(3)	

The	Registrar	must	–

	

(a)	

record	the	grant	of	the	licence	in	the	appropriate	register;

	

(b)	

keep	contents	of	the	licence	confidential;	and

	

(c)	

publish	a	reference	to	the	grant	of	the	licence	in	the	bulletin.

	
(4)	
is	effected.

A	licence	contract	has	no	effect	against	third	parties	until	such	recordal	

	
(5)	
The	 recordal	 of	 a	 licence	 under	 subsection	 (2)	 may	 be	 cancelled	 on	
request	to	the	Registrar	in	the	prescribed	manner,	accompanied	by	proof	that	the	licence
	
has	expired	or	has	been	terminated.
Prohibited terms in licences
52.	
(1)	
Any	 condition	 in	 a	 contract	 relating	 to	 the	 sale	 of	 a	 patented	
invention	or	to	a	licence	under	a	patent	of	which	the	effect	will	be	–
	

(a)	

to	 prohibit	 or	 restrict	 the	 purchaser	 or	 licensee	 from	 purchasing	 or	
using	any	product	or	process	or	class	of	products	or	processes,	whether	
patented	or	not,	supplied	or	owned	by	any	person	other	than	the	seller	
or	licensor	or	his	or	her	nominee;

	

(b)	

to	prohibit	or	restrict	the	purchaser	or	licensee	from	using	any	product	
or	process	not	protected	by	the	patent;

	

(c)	

to	require	the	purchaser	or	licensee	to	acquire	from	the	seller,	licensor	
or	 his	 or	 her	 nominee	 any	 product	 or	 process	 or	 class	 of	 products	 or	
processes	not	protected	by	the	patent;

Select target paragraph3