No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
69
INDUSTRIAL PROPERTY ACT, 2012
(3)
Subject to subsection (4), the Tribunal must invalidate the design
registration if the person requesting the invalidation proves that –
(a)
the design is not a design as defined in section 92;
(b)
the requirements of section 93 or 94 are not complied with;
(c)
the registered owner of the design is not the creator as contemplated in
section 95 or his or her successor in title; or
(d)
any ground exists on which the Registrar could have refused to register
the design.
(4)
Despite subsection (1), if the Tribunal is satisfied that an amendment
of the design registration will remove the ground of invalidity, it may uphold the design
registration subject to such amendment and subject to such terms or conditions as it
deems fit.
(5)
The final decision of the Tribunal must be notified to the Registrar who
must record it and as soon as possible publish it in the bulletin.
Effects of invalidation
122. An invalidated design registration must be regarded as null and void
from the date of the grant of the certificate of registration of the design.
PART 10
INFRINGEMENT
Acts of infringement
123.
(1)
No person other than the owner of the design registration may
exploit, in Namibia, a design registered in Namibia in regard to articles included in the
class or classes in which the design is registered unless he or she has been authorised to
do so by the owner of that design registration by way of licence, in writing and signed
by the licensor.
(2)
The provisions of section 115 apply in respect of such licence.
(3)
For purposes of this section, the provisions of section 108 apply.
Infringement proceedings
124.
(1)
The registered owner of a design has, in addition to any other
rights, remedies or actions available to him or her, the right to institute legal proceedings
against any person who infringes the design registration by performing, without the
owner’s written contract, any of the acts referred to in section 107 for commercial
purposes, or who performs acts which make it likely that infringement will occur.
(2)
Proceedings for infringement must be institute and prosecuted in the
manner prescribed.