No. 4907
Act No. 1, 2012
(c)
Government Gazette 23 March 2012
63
INDUSTRIAL PROPERTY ACT, 2012
if the Registrar finds that the requirements referred to in section 103 are
complied with, deal with the application in accordance with sections
104(1) and 105.
(3)
An industrial design registration granted by ARIPO by virtue of
the Harare Protocol and in respect of which Namibia is a designated State, has the
same effect in Namibia as a design registration under this Act unless the Registrar
has communicated to ARIPO in respect of the application therefor, a decision as
contemplated in subsection (2)(b).
PART 6
DURATION, RENEWAL AND RESTORATION
Duration of registered designs
110. Subject to section 111, the registration in respect of a design expires 15
years after the filing date of the application for its registration.
Renewal of registered designs
111.
(1)
In order to maintain a design registration, a prescribed annual
renewal fee must be paid to the Registrar in the manner prescribed, starting one year
after the filing date of the application for the registration of the design.
(2)
The Registrar must, on payment of such surcharge by the owner of a
design registration as may be prescribed, give the owner a period of grace of six months
for the late payment of a renewal fee.
(3)
If an annual renewal fee is not paid in accordance with the provisions
of subsection (1) or (2), the design registration lapses.
Restoration of design registrations
112.
(1)
Where a design registration has lapsed owing to the nonpayment of any prescribed renewal fee within the prescribed period or the grace period
referred to in section 111, the owner of the registration may, in the prescribed manner
and on payment of the prescribed fee, apply to the Registrar for the restoration of the
registration.
(2)
If the Registrar is satisfied that the omission was unintentional and that
no undue delay has occurred in the making of the application, he or she must publish
the application for restoration in the bulletin in the prescribed manner, and thereupon
any person may within such period as prescribed, give notice in the prescribed manner
of opposition to the restoration of the registration.
(3)
If there is no opposition as provided for in subsection (2), or if there is
opposition and the Registrar is satisfied that such opposition is without merit, he or she
must restore the registration.
(4)
Any such restoration of the registration is subject to the payment of
such renewal fees as contemplated in section 111 as remain unpaid at the date of the
restoration.