16		

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

	

(c)	

the	filing	date	of	the	application	and,	if	priority	is	claimed,	the	date	and	
number	of	the	earlier	application;	and

	

(d)	

in	the	case	of	a	patent,	the	title	of	the	invention.

Bulletin of industrial property
9.	
The	Registrar	must	establish	and	publish	a	bulletin	of	industrial	property	
in	 respect	 of	 patents,	 utility	 models,	 industrial	 designs	 and	 trade	 marks,	 including	
certification	 trade	 marks	 and	 collective	 trade	 marks,	 in	 which	 must	 be	 published	 all	
matters	that	are	required	to	be	published	under	this	Act.
Restrictions regarding officials
10.
(1)	
An	 official	 of	 the	 Office	 may	 not	 file	 an	 application	 for	 an	
industrial	property	right,	be	granted	industrial	property	rights	or	hold	any	rights	relating	
to	 industrial	 property	 while	 employed	 in	 the	 Office	 and	 for	 a	 period	 of	 two	 years	 after	
termination	of	employment	with	the	Office.
	
(2)	
Nothing	 in	 this	 section	 contained	 applies	 to	 any	 acquisition	 of	 any	
industrial	property	rights	by	bequest	or	devolution	by	operation	of	law.
	
(3)
An	official	of	the	Office	may	not,	while	employed	by	the	Office	or	after	
termination	of	such	employment	–	
	

(a)	

disclose	 to	 any	 other	 person	 any	 information	 acquired	 by	 that	 official	
in	 the	 exercise	 of	 his	 or	 her	 powers	 or	 the	 performance	 of	 his	 or	 her	
functions	 under	 this	Act	 and	 relating	 to	 the	 business	 or	 affairs	 of	 any	
person;	or

	

(b)	

use	 any	 information	 acquired	 under	 the	 circumstances	 referred	 to	 in	
paragraph	(a)	for	self-gain	or	for	the	benefit	of	any	third	party.

	

(4)	

Subsection	(3)(a)	does	not	apply	if	the	information	is	disclosed	-

	

(a)	

for	 the	 purpose	 of	 the	 exercise	 of	 that	 official’s	 powers	 or	 the	
performance	of	his	or	her	functions	under	this	Act;

	

(b)	

for	the	purpose	of	legal	proceedings	under	this	Act;	

	

(c)	

when	the	official	is	required	to	do	so	by	any	competent	court	or	under	
any	law;	or	

	

(d)	

with	the	written	authority	of	the	Minister.

	
(5)	
A	person	who	contravenes	or	fails	to	comply	with	subsection	(1)	or	(3)	
commits	 an	 offence	 and	 on	 conviction	 is	 liable	 to	 a	 fine	 not	 exceeding	 N$5	 000	 or	 to	
imprisonment	for	a	period	of	12	months	or	to	both	such	fine	and	imprisonment.

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