116
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
Expenses of Tribunal
229. The expenditure incidental to the performance of functions of the
Tribunal must be defrayed from the money appropriated by Parliament and made
available to the Ministry responsible for trade and industry for the purposes of the
Tribunal.
PART 4
OFFENCES AND PENALTIES
Falsification of documents
230.
Any person who –
(a)
makes or causes to be made a false entry in the register;
(b)
makes or causes to be made a document falsely purporting to be a copy
of an entry in the register; or
(c)
produces or tenders or causes to be produced or tendered as evidence
any such false entry or copy thereof,
knowing it to be false, commits an offence and on conviction is liable to a fine not
exceeding N$5 000 or to imprisonment for a period not exceeding 12 months or to both
such fine and imprisonment.
Falsely representing industrial property rights
231.
(1)
(a)
falsely represents that any article is a patented article or that there is a
registered design in respect of the article; or
(b)
represents that any article is the subject of a patent application or a
design application, knowing that no such application has been made
or that an application made in respect thereof has been refused or
withdrawn or has lapsed,
Any person who-
commits an offence and on conviction is liable to a fine not exceeding N$5 000
or to imprisonment for a period not exceeding 12 months or to both such fine and
imprisonment.
(2)
If any person disposes of any article on which is stamped, engraved or
impressed or to which is otherwise applied –
(a)
the word ‘patent’, ‘patented’ or any other word expressing or implying
that the article is patented or is the subject of a patent application; or
(b)
the word ‘design’ or ‘registered design’ or any other word expressing or
implying that there is a registered design in respect of the article or that
the article is the subject of a design application; or