48	

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

PART 12
INFRINGEMENT
Acts of infringement
69.	
(1)	
Subject	to	sections	43,	47(6),	55,	56,	57,	62	and	63,	the	owner	
of	 a	 patent	 in	 Namibia	 has,	 as	 provided	 for	 in	 section	 41,	 the	 right	 to	 exclude	 all	 other	
persons	from	exploiting	in	Namibia	the	patented	invention	without	his	or	her	authority.
	
(2)	
Subject	 to	 sections	 43,	 47(6),	 55,	 56,	 57,	 62	 and	 63,	 exploitation	 of	
a	 patented	 invention	 by	 any	 person	 without	 the	 authority	 of	 the	 owner	 of	 the	 patent	
constitutes	an	infringement.
	
(3)	
The	 owner	 of	 the	 patent	 has,	 in	 addition	 to	 the	 right	 granted	 under	
subsection	(1),	the	right	to	prevent	any	person	from	procuring	or	inciting	third	parties	to	
perform	acts	which	would	result	in	the	infringement	of	the	patent.
Infringement proceedings
70.
(1)	
Subject	 to	 section	 62(3)	 concerning	 the	 right	 of	 a	 licensee	 of	
right	 to	 institute	 infringement	 proceedings	 after	 unsuccessfully	 requesting	 the	 owner	
of	 a	 patent	 to	 do	 so,	 proceedings	 for	 infringement	 of	 a	 patent	 may	 be	 instituted	 in	 the	
Tribunal	by	the	owner	of	the	patent.
	
(2)	
A	 licensee	 under	 a	 voluntary	 licence	 may	 call	 upon	 the	 owner	 of	 the	
patent	 to	 institute	 proceedings	 in	 respect	 of	 an	 infringement	 of	 the	 patent,	 and	 if	 the	
patent	owner	refuses	to	do	so,	the	licensee	may	institute	such	proceedings	in	his	or	her	
own	name.
	
(3)	
Proceedings	 for	 infringement	 must	 be	 instituted	 and	 prosecuted	 in	 the	
manner	prescribed.
	
(4)	
Before	 the	 owner	 institutes	 proceedings	 in	 terms	 of	 this	 section	 he	 or	
she	must	give	notice	in	writing	of	his	or	her	intention	to	do	so	to	every	licensee	whose	
name	 is	 recorded	 in	 the	 register,	 and	 any	 such	 licensee	 is	 entitled	 to	 intervene	 in	 such	
proceedings	and	to	recover	any	damages	he	or	she	may	have	suffered	as	a	result	of	the	
infringement.
	
(5)
In	 any	 proceedings	 for	 infringement	 the	 defendant	 may	 counterclaim	
for	the	revocation	of	the	patent	and,	by	way	of	defence,	rely	upon	any	ground	on	which	
a	patent	may	be	revoked.
Remedies
71.	
(1)	
Where	 a	 patent	 granted	 and	 recorded	 in	 terms	 of	 this	Act	 has	
been	 infringed	 and	 the	 owner	 or	 a	 licensee	 has	 instituted	 proceedings	 as	 contemplated	
in	 section	 62(3)	 or	 70,	 the	Tribunal	 may	 grant	 the	 owner	 or	 the	 licensee	 the	 following	
relief,	namely	–
	

(a)	

an	interdict;

Select target paragraph3