No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
47
INDUSTRIAL PROPERTY ACT, 2012
(a)
that the owner of the patent is not the inventor or the successor in title
of the inventor;
(b)
that the grant of the patent is in fraud of the rights of the person
requesting the invalidation or the rights of any other person through
whom such person claims;
(c)
that the grant of the patent was obtained on the strength of a false
representation by the applicant which is material and which the
applicant knew to be false at the time when the representation was
made;
(d)
that the invention cannot be performed or does not lead to the results
and advantages set out in the specification;
(e)
that any of the requirements of sections 12 to 18, 24, 25, 26, 27, 28(1)
or 30 has not been complied with; or
(f)
that a corresponding patent granted in another country has been
invalidated or revoked in that country on a ground which would also
apply as a ground of invalidity against the patent in Namibia.
(4)
The final decision of the Tribunal must be notified to the Registrar who
must record it and publish as soon as possible in the bulletin a reference thereto.
Effects of invalidation
66.
An invalidated patent, and any claim of an invalidated patent, must be
regarded as non-exisitent from the date of the grant of the patent.
Amendment of patent in invalidation proceedings
67.
If the Tribunal, in the case of an application for the invalidation of a
patent as contemplated in section 65, is satisfied that an amendment of the patent will
remove the ground of invalidity, it may uphold the patent subject to such amendment
and subject to such terms or conditions as it deems fit.
Revocation of patent in public interest
68.
(1)
Where the Minister is of opinion that a patent or the mode in
which it is exercised is inimical to the interests of the State or generally prejudicial to
the public, and the Minister is satisfied that the prejudice cannot be remedied by way
of a compulsory licence, the Minister may, after giving the patentee an opportunity to
be heard, make a declaration to that effect in the Gazette and thereupon the patent is
deemed to be revoked.
(2)
A party who is aggrieved by the decision of the Minister which is
made under this section, may appeal against the decision to the Tribunal.