66	

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

owner,	 the	 acquirer	 or	 any	 person	 claiming	 through	 him	 or	 her	 is	 entitled	 to	 deal	 with	
it	 in	 the	 same	 manner	 as	 if	 the	 article	 had	 been	 disposed	 of	 by	 the	 registered	 owners	
jointly.
	
(5)	
Any	joint	registered	owner	may	institute	proceedings	for	infringement	
and	 must	 give	 notice	 thereof	 to	 every	 other	 joint	 registered	 owner,	 and	 any	 such	 other	
joint	registered	owner	may	intervene	as	co-plaintiff	and	recover	any	damages	in	respect	
of	any	damage	he	or	she	may	have	suffered	as	a	result	of	the	infringement.
	
(6)	
If	 in	 any	 proceedings	 under	 subsection	 (5)	 damages	 are	 awarded	 to	 a	
plaintiff,	damages	must	be	awarded	as	if	he	or	she	were	the	sole	registered	owner,	and	
the	 defendant	 is	 not	 obliged	 to	 compensate	 any	 other	 joint	 registered	 owner	 in	 respect	
of	the	infringement	in	question.
	
(7)	
Where	 any	 dispute	 arises	 between	 joint	 registered	 owners	 as	 to	 their	
respective	rights	in	or	to	the	registered	design,	the	institution	of	proceedings	relating	to	
the	registered	design	or	the	manner	in	which	they	should	deal	with	the	registered	design,	
any	joint	registered	owner	may	apply	to	the	Tribunal	to	decide	the	matter	in	dispute.
	
(8)	
If	 in	 considering	 any	 application	 under	 subsection	 (7)	 the	 Tribunal	
is	 satisfied	 that	 a	 joint	 registered	 owner	 is	 unable	 or	 unwilling	 to	 remain	 a	 registered	
owner,	 the	Tribunal	 may	 order	 him	 or	 her	 to	 assign	 his	 or	 her	 rights	 to	 any	 other	 joint	
registered	 owner	 able	 and	 willing	 so	 to	 remain,	 provided	 that	 where	 it	 appears	 to	 the	
Tribunal	to	be	just	and	equitable,	it	may	order	the	payment	of	compensation	to	the	joint	
registered	owner	who	is	so	ordered	to	assign	his	or	her	rights.
	
(9)	
In	considering	any	application	under	subsection	(7)	the	Tribunal	must,	
unless	it	appears	to	it	that	there	are	good	reasons	to	the	contrary,	resolve	the	dispute	in	
a	manner	which	will	lead	to	the	preservation	and	exploitation	of	the	registered	design.
PART 8
VOLUNTARY LICENCES
Voluntary licence
116.
(1)	
The	 owner	 of	 an	 application	 for	 a	 design	 registration	 or	 a	
design	registration	may	enter	into	a	licence	contract	with	one	or	more	other	persons	to	
authorise	such	person	or	persons	to	exploit	the	design	covered	by	the	registration	or	the	
application	in	Namibia	(herein	referred	to	as	a	“voluntary	licence”).
	
(2)	
A	 voluntary	 licence	 contract	 concerning	 an	 application	 for	 a	 design	
registration	or	a	design	registration	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

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