No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
31
INDUSTRIAL PROPERTY ACT, 2012
(c)
the owner must exploit or work the patented invention in Namibia
within the prescribed time limits;
(d)
the applicant or the owner must pay any prescribed fees;
(e)
the owner must comply with the requirements of section 70(4) before
instituting any infringement proceedings; and
(f)
the applicant or owner must comply with any other requirements
provided for under this Act.
Limitation of rights
43.
(1)
The following acts do not constitute an infringement of the
rights under a patent, namely –
(a)
acts of importation of patented inventions which have been put on the
market in any territory or country by the owner of the patent or with his
or her authorisation;
(b)
the use of patented inventions on aircraft, land vehicles, or vessels of
other countries which temporarily or accidentally enter the airspace,
territory or waters of Namibia;
(c)
acts related to experimental use of the patented invention or acts done
on a non-commercial scale for scientific research;
(d)
use of a patented invention for teaching purposes;
(e)
the use of a patented invention in a pharmacy or by a medical doctor for
the preparation of a medicine in accordance with a medical prescription
for individual cases; or
(f)
acts performed by any person who in good faith, before the filing or,
where priority is claimed, the priority date of the application on which
the patent is granted, was using the invention or was making effective
and serious preparations for such use in Namibia (the “prior user”).
(2)
It is not an infringement of a patent for any person to carry out acts,
including testing, making, constructing, importing or using the patented invention
solely for uses reasonably related to the development and submission of information
required under any law of Namibia or any other country other than Namibia that
regulates the manufacture, construction, distribution, use, import or sale of any product;
except that it is not permitted to stock any products of the patented invention in any
substantial quantities for any purpose other than for the development or submission of
the information required.