54
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
Failure to enter national phase
84.
If the applicant fails to comply with the requirements of section 83
within the time limit or extended time limit referred to in that section, the designation
of Namibia in the international application is considered withdrawn for the purposes of
this Act.
Processing international applications in accordance with Patent Co-operation
Treaty
85.
(1)
The Minister may subject to subsection (2), prescribe provisions
concerning the processing of international applications by, and other functions, of the
Office under the Treaty, including fees payable, time limits and other requirements
relating to international applications.
(2)
The provisions of section 234 apply to provisions prescribed in terms
of this section and concerning the processing of an international application by the
Office.
PART 14
UTILITY MODEL CERTIFICATES
Application of provisions relating to patents
86.
(1)
For the purposes of this Part –
“utility model” means an invention with the exclusion of a process, a microbiological
process and the products of a microbiological process;
“utility model certificate” means the title granted to protect a utility model.
(2)
Subject to section 87, the provisions of this Chapter do apply, with the
necessary changes, as if a utility model is an invention and a utility model certificate or
an application therefore is a patent or an application therefor, as the case may be.
Special provisions relating to utility model certificates
87.
(1)
A utility model qualifies for a utility model certificate if it is
new and is industrially applicable.
(2)
Sections 13 and 15, insofar as they refer to an inventive step, do not
apply in the case of a utility model for which a utility model certificate is requested.
(3)
Sections 36, 38 and 39 apply in the case of applications for utility
model certificates except insofar as section 36 refers to sections 13 and 15, and insofar
as section 38 refers to section 37.
(4)
Section 45 does not apply in the case of utility model certificates.
(5)
In the case of proceedings under section 65 in respect of a utility
model certificate, the Tribunal may invalidate the utility model certificate on any of the
following grounds –