No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
51
INDUSTRIAL PROPERTY ACT, 2012
Presumption of use of patented process
75.
(1)
Without derogating from the provisions of section 41(2) or
section 69(1) a claim in respect of a patent for a process or an apparatus for producing
any product must be construed as extending to such product when produced by the
process or apparatus claimed.
(2)
If the invention for which a patent is granted is a process for obtaining
a new product and if there is substantial likelihood that the identical product was made
by the process and the owner of the patent has been unable through reasonable efforts to
determine the process actually used, the identical product produced by a person other
than the patent owner or a licensee under that patent is, unless the contrary is proved,
deemed, in any proceedings, to have been obtained by that process.
(3)
In the adduction of proof to the contrary pursuant to subsection (2), the
legitimate interests of the person other than the patent owner or a licensee in protecting
their manufacturing and business secrets must be taken into account.
(4)
In considering whether any person has discharged the onus imposed
upon him or her by this section, the Tribunal may not require such person to disclose
any secret process used by him or her in producing the product concerned, if it appears
to the Tribunal that it would be unreasonable to do so.
PART 13
INTERNATIONAL APPLICATIONS UNDER
THE PATENT CO-OPERATION TREATY AND OTHER INTERNATIONAL
ARRANGEMENTS
Application of Patent Co-operation Treaty and definitions
76.
(1)
The Patent Co-operation Treaty (hereafter “the Treaty”), the
Regulations made thereunder and the Administrative Instructions made under those
Regulations must be given the force of law in Namibia.
(2)
Any reference in this Part to the Treaty includes reference to the
Regulations and Administrative Instructions made under those Regulations.
(3)
The Office must process international applications in accordance with
the provisions of this Act, the Treaty, and the Regulations made thereunder.
(4)
Where the provisions of this Act conflict with those of the Treaty, the
provisions of the Treaty prevail.
(5)
For the purposes of this Part, “designate”, “designated office”, “elect”,
“elected office”, “international application”,
“international filing date”, “international
preliminary examination” and “receiving office” and any other term or expression
defined or used in this Part has the same meanings as in Article 2 of the Treaty.