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Act No. 1, 2012
Government Gazette 23 March 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
certification trade marks, registered or deemed to be registered under the laws repealed
by section 239.
(2)
Any proceedings done or commenced under the laws repealed by
section 239 and in force or still pending immediately prior to the coming into force of
this Act do, so far as it is not inconsistent with the provisions of this Act, continue to be
in force and continue to be dealt with in terms of the repealed laws as if done under this
Act.
(3)
Once such proceeding has been concluded, its outcome and effect will
be as provided in this Act in respect of any similar proceedings.
Repeals
239. The Patents, Designs, Trade Marks and Copyright Act, 1916 (Act No.
9 of 1916) and any amendments thereto insofar as they are applicable to Namibia, the
Patents, Designs and Trade Marks Proclamation, 1923 (Proclamation No. 17 of 1923),
the Patents, Trade Marks and Copyright Proclamation, 1940 (Proclamation No. 33 of
1940) and the Trade Marks in South West Africa Act, 1973 (Act No. 48 of 1973) are
repealed.
Transitional and savings provisions
240.
(1)
Despite the repeal of the laws referred to in section 239, patents
granted and designs and trade marks including collective and certification trade marks,
registered under the repealed laws remain in force but are, subject to subsections (2) and
(3), deemed to have been granted and registered under this Act.
(2)
Patents thus granted and industrial designs thus registered remain
in force for the unexpired portion of the period of protection provided for under the
relevant repealed laws subject to the payment of the prescribed renewal fees, and may
not be revoked or invalidated except upon any ground on which such patents or design
registrations could have been revoked or invalidated in terms of the relevant repealed
laws.
(3)
Trade marks, including collective and certification trade marks,
registered under the repealed law relating to trade marks, will be due for renewal within
the same period as under the repealed law or 10 years from the entry into force of this
Act, whichever period first expires.
(4)
On renewal under subsection (3), the owner of the trade mark registration
must classify the trade mark in accordance with the International Classification of
Goods and Services or the prescribed classification of goods or services.
(5)
A trade mark registration as contemplated in subsections (3) and (4)
may not be invalidated or removed except upon any ground on which such registration
could have been invalidated in terms of the relevant repealed laws, except that such
trade mark registration can be removed in terms of section 176 or 177, and a disclaimer
or endorsement in respect of such trade mark registration may be required in terms of
section 136.