No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
71
INDUSTRIAL PROPERTY ACT, 2012
Notification of International Bureau by Registrar
128. (1)
Where the Registrar is notified by the International Bureau that
an international registration of a design contains a designation of Namibia, the Registrar
must proceed in accordance with section 103 as if the relevant design is the subject of
an application under this Act.
(2)
Where the Registrar finds that the requirements referred to in section
103(2) are not complied with, the Registrar must notify the International Bureau that
protection of the design has been refused.
(3)
No such notification as referred to in subsection (2) may be given after
the expiry of a period of six months from the date on which the Office received from the
International Bureau a copy of the publication in which the international registration of
the design concerned was published.
(4)
Where the Registrar finds that the requirements referred to in section
103 have been complied with, the Registrar must –
(a)
register the design;
(b)
issue the registered owner with a registration certificate; and
(c)
subject to subsection (5), publish a reference to the design registration
in the bulletin.
(5)
A publication in terms of subsection (4)(c) may not take place before
the copy of the publication of the international registration by the International Bureau
has been received by the Office in accordance with the Hague Agreement.
(6)
Where an international application for the registration of a design
under the Hague Agreement is filed at the Office, the Registrar must record the date on
which the application was received by that Office as the filing date of the international
application, and the Registrar must transmit the application to the International Bureau
within one month of that date.
(7)
The Registrar must, at the time of transmitting an international
application to the International Bureau in terms of subsection (6), notify the International
Bureau of the date on which the office of the Registrar received the application, and must
notify the applicant of this date and of the fact that the application has been transmitted
to the International Bureau.
Registrar to notify International Bureau concerning invalidation
129. Where a design registration registered in Namibia under the Hague
Agreement has been invalidated in accordance with section 121, the Registrar must, as
soon as possible, notify the International Bureau accordingly.