30
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(3)
Any person may, within the prescribed time and in the prescribed
manner, oppose a request for amendment and any opposition to an amendment must be
dealt with by the Registrar in the prescribed manner, and the Registrar must determine
whether and on what conditions, if any, the amendment ought to be allowed.
(4)
If the Registrar is satisfied that the requirements of subsection (1) have
been complied with, and if there is no opposition as provided for in subsection (3) or, if
there is opposition, and the Registrar is satisfied that such opposition is without merit,
he or she must make the requested changes in the description, claim or drawings of the
patent.
(5)
If the Registrar is not satisfied that the requirements of subsection (1)
have been complied with, or if there is opposition as provided for in subsection (3)
and the Registrar is satisfied that the opposition has merit, he or she must refuse the
amendment and refuse to make the requested changes in the description, claims or
drawings of the patent.
PART 5
RIGHTS AND OBLIGATIONS OF APPLICANT OR OWNER OF PATENT
Rights of applicant or owner of patent
41.
Subject to sections 43 and 47(6) and to the provisions of Part 9, the
applicant or the owner of a patent in Namibia has the following rights:
(a)
the applicant has the right to be granted the patent, where the relevant
provisions of this Act have been satisfied;
(b)
the owner has the right to exploit to the patent;
(c)
the owner has the right, within the limits specified in section 43, to
exclude all other persons from exploiting in Namibia the patented
invention without his or her authority (such unauthorised exploitation
herein referred to as “infringement”), so that he or she has and enjoys the
whole profit and advantage accruing by reason of the invention; and
(d)
the applicant or the owner has the right to assign, or transfer by
succession the patent application or the patent and to conclude licence
contracts for the exploitation of the patented invention in Namibia by
other persons as provided for in Part 8.
Obligations of applicant or owner of patent
42.
The applicant or the owner of a patent has the following obligations:
(a)
the applicant must disclose the invention in a clear and complete
manner and in particular to indicate the best mode for carrying out the
invention, in accordance with the requirements of this Act;
(b)
the applicant must give information concerning corresponding foreign
applications and grants, as required by section 30;