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Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

ARIPO patents
44.	
(1)	
Where	 an	 application	 for	 the	 grant	 of	 a	 patent	 in	 ARIPO	 is	
filed	 with	 the	 Office	 as	 the	 receiving	 office	 as	 contemplated	 in	Article	 2	 of	 the	 Harare	
Protocol,	 the	 Registrar	 must	 without	 delay	 transmit	 the	 application	 to	 the	 office	 of	
ARIPO	and	perform	such	acts	as	are	required	of	him	or	her,	after	which	the	application	
must	be	processed	in	accordance	with	the	provisions	of	the	Harare	Protocol.
	
(2)	
If	 the	 office	 of	ARIPO	 decides	 to	 grant	 a	 patent	 on	 an	 application	 and	
notifies	the	Registrar,	the	Registrar	must	–
	

(a)	

accord	 as	 the	 filing	 date	 of	 the	 application,	 the	 filing	 date	 accorded	 to	
the	application	by	the	office	of	ARIPO;

	

(b)	

determine	whether	the	application	complies	with	sections	35	and	36;

	

(c)	

if	 the	 Registrar	 finds	 that	 the	 requirements	 referred	 to	 in	 sections	 35	
and	 36	 are	 not	 complied	 with,	 communicate	 in	 writing	 to	 the	 office	 of	
ARIPO	 within	 six	 months	 from	 the	 date	 on	 which	 the	 Registrar	 was	
notified,	that	if	a	patent	is	granted	by	that	office	that	patent	has	no	effect	
in	Namibia;

	

(d)	

if	 the	 Registrar	 finds	 that	 the	 requirements	 referred	 to	 in	 sections	 35	
and	36	are	complied	with,	deal	with	the	application	in	accordance	with	
sections	38	and	39.

(3)	
A	 patent	 granted	 by	 ARIPO	 by	 virtue	 of	 the	 Harare	 Protocol	 and	 in	
	
respect	 of	 which	 Namibia	 is	 a	 designated	 State,	 has	 the	 same	 effect	 in	 Namibia	 as	 a	
patent	 granted	 under	 this	 Act	 unless	 the	 Registrar	 has	 communicated	 to	 ARIPO	 in	
respect	of	the	application	therefor,	a	decision	as	contemplated	in	subsection	(2)(c).
PART 6

DURATION OF PATENT AND ANNUAL FEES

Duration of patent and extension
45.	
Subject	 to	 section	 46,	 a	 patent	 expires	 20	 years	 after	 the	 filing	 date	 of	
the	application	for	the	patent	in	terms	of	section	34(1),	44(2)(a)	or	83(2)(c),	as	the	case	
may	be.
Annual fees
46.	
(1)	
In	order	to	maintain	the	patent	or	patent	application,	the	owner	
of	 the	 patent	 or	 the	 applicant	 for	 a	 patent	 must,	 in	 the	 manner	 prescribed,	 pay	 to	 the	
Registrar	the	prescribed	annual	fee	for	each	year	starting	one	year	after	the	filing	date	of	
the	application	for	the	grant	of	the	patent.	
	
(2)	
If	 the	 owner	 of	 a	 patent	 or	 the	 applicant	 for	 a	 patent	 fails	 to	 pay	 the	
prescribed	fee	within	the	prescribed	period,	the	Registrar	may	on	request	by	the	owner	
or	applicant,	grant	a	grace	period	not	exceeding	six	months	within	which	the	annual	fee	
and	any	prescribed	surcharge	must	be	paid	by	the	owner	or	applicant.

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