No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
119
INDUSTRIAL PROPERTY ACT, 2012
(3)
If any international convention or any regulations issued under an
international convention to which Namibia is party is amended the Minister may, subject
to Article 63(2)(e) of the Namibian Constitution and taking into account the / advice of
the Registrar, decide if such amendment is to be applicable for the purposes of this Act,
and issue such regulations or notices as appear to him or her necessary for carrying out
and for giving effect to any of the provisions of the amendment.’
(4)
If Namibia subsequently becomes party to any other international
or regional instruments, the Minister may, by way of the amendment of this Act or
the regulations or notices issued thereunder, whichever is appropriate, implement the
provisions of such instrument.
Hypothecation and attachment
235.
(1)
A registered industrial property title under this Act may be
hypothecated by a deed of security.
(2)
If a deed of security is lodged with the Registrar in the prescribed
manner, the Registrar must endorse the register to that effect.
(3)
Such endorsement must record the name and address of the person
in whose favour the deed of security has been granted and the nature and duration
thereof.
(4)
A deed of security in respect of which an endorsement has been made
in accordance with the provisions of subsection (2) has the effect of a pledge of the
title concerned to the person or persons in whose favour the deed of security has been
granted.
(5)
An assignment or transmission of a registered title in respect of which
a deed of security has been endorsed in terms of subsection (2) may not, without the
written consent of the person in whose favour the deed of security has been granted, be
recorded in the register by the Registrar.
(6)
Where the debt or obligation secured by a deed of security in respect
of which the register has been endorsed in terms of subsection (2) has been discharged,
any person may apply to the Registrar in the prescribed manner for the removal from the
register of any endorsement in relation thereto made under subsection (2).
(7)
A registered industrial property title under this Act may be attached to
found or confirm jurisdiction for the purposes of any proceedings before the Tribunal or
a court of Namibia and may be attached and sold in execution pursuant to an order of
the Tribunal or any such court.
Regulations
236.
(1)
The Minister may make regulations –