No. 4907
Act No. 1, 2012
(c)
Government Gazette 23 March 2012
117
INDUSTRIAL PROPERTY ACT, 2012
any marking is applied in any manner expressing or implying that the
article is patented or the subject of a design registration,
he or she is deemed for the purposes of this section to represent that the article is a
patented article or is subject to a design registration.
(3)
Any person who makes a representation –
(a)
with respect to a mark not being a registered trade mark, to the effect
that it is a registered trade mark;
(b)
with respect to a part of a registered trade mark not being a part separately
registered as a trade mark, to the effect that it is so registered;
(c)
to the effect that a registered trade mark is registered in respect of any
goods or services in respect of which it is not registered; or
(d)
to the effect that the registration of a trade mark gives an exclusive
right to the use thereof in any circumstances in which, having regard
to limitations entered in the register, the registration does not give that
right,
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.
(4)
For the purposes of subsection (3), the use in Namibia in relation to a
trade mark of the word ‘registered’ or of any abbreviation thereof or of any other word
or letter which might reasonably be construed as referring to registration, including the
symbol R, is deemed to import a reference to registration in the register except where
the word, abbreviation, letter or symbol is used in relation to a mark registered as a
trade mark under the laws of a country outside Namibia and in relation to goods to be
exported to that country.
(5)
The provisions of this section do not apply to a person who disposes
of articles in good faith in the ordinary course of trade and, when called upon to do
so, discloses the identity of the person from whom he or she acquired the article in
question.
(6)
Any person who is of the opinion that he or she is prejudiced by a
representation referred to in subsection (1) or (3) may apply to the Tribunal for an
interdict against the continuation of that representation.
Improper use of words “industrial property office”
232. Any person who uses on his or her place of business or on any document
issued by him or her or otherwise the words “industrial property office”, “patent office”,
“design office” or “trade mark office” or any other words suggesting that his or her place
of business is, or is officially connected with, the Office, 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.