36
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(9)
In considering any application under subsection (7) the Tribunal must,
unless it appears that there are good reasons to the contrary, resolve the dispute in a
manner which will lead to the preservation and exploitation of the patent.
PART 8
VOLUNTARY LICENCES
Form and recordal of licence
51.
(1)
The owner of a patent application or a patent may enter into a
contract with one or more other persons to authorise such person or persons to exploit
the invention covered by the patent application or the patent in Namibia (herein referred
to as a “voluntary licence”).
(2)
A voluntary licence contract concerning an application for a patent or
a patent must be submitted to the Registrar in the prescribed manner and within the
prescribed period.
(3)
The Registrar must –
(a)
record the grant of the licence in the appropriate register;
(b)
keep contents of the licence confidential; and
(c)
publish a reference to the grant of the licence in the bulletin.
(4)
is effected.
A licence contract has no effect against third parties until such recordal
(5)
The recordal of a licence under subsection (2) may be cancelled on
request to the Registrar in the prescribed manner, accompanied by proof that the licence
has expired or has been terminated.
Prohibited terms in licences
52.
(1)
Any condition in a contract relating to the sale of a patented
invention or to a licence under a patent of which the effect will be –
(a)
to prohibit or restrict the purchaser or licensee from purchasing or
using any product or process or class of products or processes, whether
patented or not, supplied or owned by any person other than the seller
or licensor or his or her nominee;
(b)
to prohibit or restrict the purchaser or licensee from using any product
or process not protected by the patent;
(c)
to require the purchaser or licensee to acquire from the seller, licensor
or his or her nominee any product or process or class of products or
processes not protected by the patent;