118		

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

Deceiving officials
233.			

Any	person	who	–

	

(a)	

for	 the	 purpose	 of	 deceiving	 the	 Registrar	 or	 the	 Tribunal	 or	 any	 staff	
member	 or	 official	 in	 the	 administration	 of	 the	 provisions	 of	 this	Act;	
or

	

(b)	

for	 the	 purpose	 of	 procuring	 or	 influencing	 the	 doing	 or	 omission	 of	
anything	in	relation	to	this	Act	or	any	matter	thereunder,

makes	 a	 false	 statement	 or	 representation	 knowing	 the	 same	 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.
PART 5

GENERAL

Application of international conventions
234.
(1)	
For	 purposes	 of	 this	 Part,	 the	 term	 “international	 convention”	
means	any	one	of	the	following	international	or	regional	instruments,	namely	–
	

(a)	

African	 Regional	 Intellectual	 Property	 Organisation	 (ARIPO)	 and	 the	
Banjul	Protocol	and	Harare	Protocol	adopted	by	ARIPO;

	

(b)	

Locarno	 Agreement	 on	 the	 International	 Classification	 for	 Industrial	
Designs;

	

(c)	

Nice	 Agreement	 on	 the	 International	 Classification	 of	 Goods	 and	
Services;

	

(d)	

Madrid	Agreement	Concerning	the	International	Registration	of	Marks	
and	the	Madrid	Protocol	adopted	under	that	Agreement;

	

(e)	

Paris	Convention	for	the	Protection	of	Industrial	Property;

	

(f)	

Patent	Co-operation	Treaty;

	

(g)	

the	 Hague	 Agreement	 Concerning	 the	 International	 Deposit	 of	
Industrial	Designs;	and

	

(h)	

any	international	agreement	or	convention	which	the	Minister	by	notice	
in	 the	 Gazette	 declares,	 subject	 to	 Article	 63(2)(e)	 of	 the	 Namibian	
Constitution,	to	be	an	international	convention	for	the	purposes	of	this	
Act.

(2)	
In	 applying	 the	 provisions	 of	 this	Act,	 the	 version	 of	 any	 international	
	
convention	 which	 is	 applicable	 for	 the	 purposes	 of	 this	 Act	 is	 that	 version	 of	 such	
convention	and	of	any	regulations	issued	thereunder	which	is	in	operation	at	the	date	of	
the	commencement	of	this	Act	as	contemplated	in	section	242.

Select target paragraph3