No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
121
INDUSTRIAL PROPERTY ACT, 2012
(p)
prescribing the qualification which is to be recognised as a suitable
qualification to enable a person to act as an agent as contemplated in
section 212(2)(b);
(q)
prescribing the examination to be passed to enable a person to qualify
as an agent as contemplated in section 212(2)(c);
(r)
prescribing the terms and conditions of persons to be appointed as
members of the Tribunal in terms of section 215(2), including the
remuneration to be paid, the termination of such appointments and the
filling of vacancies;
(s)
prescribing the oath or affirmation as contemplated in section 216(1);
(t)
prescribing the terms and conditions applicable to the appointment of
assessors as contemplated in section 218;
(u)
prescribing the terms and conditions applicable to the appointment of
members of the Rules Board as contemplated in section 227;
(v)
regarding any matter which is required or permitted to be prescribed in
terms of this Act; and
(w)
generally, regarding any matter in respect of which the Minister
considers it necessary or expedient to make regulations in order to
achieve the object of this Act.
(2)
A regulation made under subsection (1) may prescribe a penalty, not
exceeding a fine of N$ 5 000 or imprisonment for a period not exceeding 12 months or
both such fine and imprisonment, for any contravention or failure to comply with the
provisions thereof.
(3)
Where any regulation made under this section involves State
expenditure that regulation must be made with the concurrence of the Minister
responsible for finance.
Administrative instructions
237. (1)
The Registrar may issue administrative instructions relating
to the procedure for the grant of industrial property rights and the administration of
granted rights as well as other functions of the Office.
(2)
If there is a conflict between the provisions of this Act or of the
regulations made under this Act and the provisions of the administrative instructions,
the provisions of this Act and the regulations prevail.
Application of Act
238.
(1)
Subject to the provisions of section 240, this Act applies to
all patents, utility models, industrial designs and trade marks, including collective and