38	

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

under	 which	 the	 licence	 was	 granted,	 or	 on	 which	 the	 patent,	 under	 which	 the	 licence	
was	granted,	expires,	is	revoked	or	otherwise	ceases	to	protect	such	invention.
	
(2)	
Where	a	contract	relates	to	licences	under	more	than	one	application	or	
patent,	such	part	of	the	contract	as	relates	to	any	particular	licence	terminates	when	the	
application	or	the	patent	under	which	it	was	granted	is	refused	or	expires,	is	revoked	or	
otherwise	 ceases	 to	 protect	 the	 invention	 concerned,	 and	 the	 contract	 as	 a	 whole	 must	
terminate	 when	 all	 the	 patents	 under	 which	 all	 such	 licences	 were	 granted	 and	 which	
were	 in	 force	 at	 the	 time	 when	 the	 contract	 became	 operative,	 expire,	 are	 revoked	 or	
otherwise	cease	to	protect	the	relevant	inventions.
	
(3)	
Nothing	 in	 this	 section	 affects	 any	 right	 to	 terminate	 a	 contract	 or	 a	
condition	in	a	contract	independently	of	this	section.
PART 9

COMPULSORY LICENCES

Compulsory licence for non-working or insufficient-working
55.
(1)	
Any	 person	 may,	 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,	in	the	prescribed	form	and	manner	make	an	
application	to	the	Tribunal	to	exploit	a	patented	invention	in	Namibia.
(2)	
On	 receipt	 of	 an	 application	 made	 under	 made	 subsection	 (1),	 the	
	
Tribunal	 may	 grant	 such	 person	 a	 compulsory	 licence	 to	 exploit	 the	 patent	 on	 such	
terms	 and	 conditions	 as	 determined	 by	 the	 Tribunal,	 if	 the	 patented	 invention	 was	 not	
adequately	 exploited	 in	 Namibia	 by	 the	 owner	 of	 the	 patent	 or	 his	 or	 her	 licensee	 by	
working	the	invention	locally.
	
(3)	
Despite	subsection	(2),	a	compulsory	licence	may	not	be	granted	if	the	
owner	of	the	patent	satisfies	the	Tribunal	that	circumstances	exist	which	justify	the	lack	
of	adequate	exploitation	of	the	invention.
	
(4)	
On	request	made	to	the	Tribunal	of	any	person	who	proves	that	the	rights	
in	a	patent	are	being	abused,	the	Tribunal	may	grant	such	a	person	a	compulsory	licence	
to	exploit	the	patent	on	such	terms	and	conditions	as	determined	by	the	Tribunal.
	
(5)	
The	person	to	whom	a	compulsory	licence	is	granted	under	subsection	
(2)	or	(4)	has	the	right	to	exploit	the	patented	invention	in	Namibia,	otherwise	than	by	
importing	 the	 patented	 invention,	 according	 to	 the	 terms	 and	 conditions	 set	 out	 in	 the	
determination	 by	 the	 Tribunal,	 and	 must	 commence	 the	 exploitation	 of	 the	 patented	
invention	within	the	time	limit	fixed	in	that	determination	and,	thereafter,	must	exploit	
the	patented	invention	to	an	adequate	extent.
	
(6)	
A	 compulsory	 licence	 granted	 under	 this	 section	 is	 non-exclusive	 and	
in	particular	does	not	exclude		

(a)	

the	 exploitation	 by	 the	 owner	 of	 the	 patent	 of	 his	 or	 her	 rights	 under	
section	41;	

Select target paragraph3