70
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(3)
In any proceedings for infringement the defendant may counterclaim
for the revocation of the design and, by way of defence, rely upon any ground on which
a design may be revoked.
(4)
Before the owner institutes proceedings in terms of this section, he or
she must give notice in writing of his or her intention to do so to every licensee whose
name is recorded in the register, and any such licensee is entitled to intervene in such
proceedings and to recover any damages he or she may have suffered as a result of the
infringement.
(5)
A licensee under a voluntary licence may call upon the owner of
the design registration to institute proceedings in respect of an infringement of the
design registration, and if the owner refuses to do so, the licensee may institute such
proceedings in his or her own name.
Remedies
125. The provisions of section 71 apply to proceedings instituted in terms of
section 124 as if a design registration is a patent.
PART 11
INTERNATIONAL DEPOSITS UNDER THE HAGUE AGREEMENT
Definitions
126.
For the purposes of this Part –
“International Bureau”, “international application” or “international registration” mean
the International Bureau, an international application or an international registration as
defined in Article 1 of the Hague Agreement;
“the Hague Agreement” means the Act of the Hague Agreement signed in the Hague on
November 6, 1925 as amended and amplified from time to time, and the Regulations
issued under the Geneva Act, 1999, as amended from time to time; and
“the Regulations” mean the Regulations issued under the Geneva Act, 1999 of the
Hague Agreement.
Protection of design which is subject to international deposit
127.
(1)
Subject to section 128, a design which is the subject of an
international registration in which Namibia is designated must be protected in Namibia
in the same manner as if the design had been registered under this Act.
(2)
The Registrar must deal with international registrations in accordance
with the provisions of section 128 and of the Hague Agreement and the Regulations
issued thereunder, but, if there is any conflict between the provisions of the Hague
Agreement or the Regulations issued thereunder and the provisions of this Act, the
Hague Agreement and its Regulations prevail.