52
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
Filing date and effect of international application designating Namibia
77.
(1)
An international application designating Namibia for the
purposes of a national patent has as its filing date, the international filing date accorded
under Article 11 of the Treaty.
(2)
An international application designating Namibia for the purposes of
a national patent has, subject to this Part, the same effect as and must be treated as an
application for a patent filed under this Act.
The Office as receiving office
78.
(1)
The Office must, unless an agreement is in force under
subsection (2), act as a receiving office in respect of any international application filed
with it by a resident or national of Namibia.
(2)
The Office may, with the consent of the Minister, make an agreement
referred to in rule 19(1)(b) of the Regulations under the Treaty whereby an
intergovernmental organisation or the national office of another contracting state of the
Treaty may act instead of and on behalf of the Office as receiving office for applicants
who are residents or nationals of Namibia.
Filing of international applications with the Office
79.
(1)
Subject to section 78(2), an international application filed with
the Office as receiving office must be filed in English and
(a)
the prescribed transmittal fee must be paid to the Office within one
month from the date of receipt of the international application; and
(b)
the international fee and the search fee specified in rules 15 and 16 of
the Regulations under the Treaty must be paid to the Office within the
time limits specified in the said rules.
(2)
If the applicant fails to comply with any of the requirements of
subsection (1) within the time limits referred to in that subsection, the international
application must be considered withdrawn for the purposes of this Act.
The Office as designated office
80.
The Office must act as the designated office in respect of an international
application in which Namibia is designated for the purposes of obtaining a national
patent under this Act.
The Office as elected office
81.
The Office must act as the elected office in respect of an international
application in which Namibia is designated as referred to in section 80 if the applicant
elects Namibia for the purposes of an international preliminary examination under
Chapter II of the Treaty.