58		

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

Naming of creator
96.			

Where	the	applicant	is	not	the	creator	of	the	design	–

	

(a)	

he	 or	 she	 must,	 if	 the	 Registrar	 calls	 therefore,	 furnish	 the	 Registrar	
with	a	statement,	in	writing	and	in	the	prescribed	manner,	justifying	the	
applicant’s	right	to	the	registration	of	the	design;

	

(b)	

the	creator	of	the	design	need	not	be	named	in	the	application.

Design created by employee or person commissioned
97.	
(1)	
When	 a	 design	 is	 created	 in	 the	 execution	 of	 a	 commission	
contract	 or	 in	 the	 course	 of	 an	 employment	 contract,	 the	 right	 to	 register	 that	 design	
belongs,	 in	 the	 absence	 of	 written	 contractual	 provisions	 to	 the	 contrary,	 to	 the	 person	
who	commissioned	the	work	or	to	the	employer,	as	the	case	may	be.
(2)		 The	 provisions	 of	 section	 21(2)	 to	 (7)	 relating	 to	 the	 legal	 relationship	
	
between	an	employee	and	an	employer	or	a	person	who	has	commissioned	work	do	apply	
as	if	the	design	is	an	invention	and	the	design	creator	is	an	inventor.
Judicial assignment of right to a design application or design registration
98.
(1)	
Where	 a	 dispute	 arises	 between	 persons	 as	 to	 their	 rights	 to	
obtain	a	design	registration,	or	as	to	the	right	to	or	title	in	a	design	registration,	any	such	
party	may	apply	to	the	Tribunal	to	decide	the	matter	in	dispute.
(2)	
If	the	Tribunal	is	satisfied	that	a	person	is	unable	or	unwilling	to	exercise	
	
his	 or	 her	 right	 to	 file	 or	 to	 participate	 in	 an	 application	 for	 a	 design	 registration,	 the	
Tribunal	 may	 order	 that	 person	 to	 execute	 an	 assignment,	 in	 order	 that	 the	 application	
may	be	made	without	such	participation,	provided	that	where	it	appears	to	the	Tribunal	
to	 be	 just	 and	 equitable,	 the	 Tribunal	 may	 order	 the	 payment	 of	 compensation	 to	 the	
non-participating	person.
	
(3)	
In	any	order	declaring	that	a	person	has	a	right	to	the	exclusion	of	any	
other	 person	 to	 apply	 for	 or	 to	 be	 the	 owner	 of	 a	 design	 registration,	 the	Tribunal	 may	
direct	that	such	other	person	must	execute	any	deed	of	assignment	that	may	be	required	
and	that	such	deed	of	assignment	extends	to	countries	outside	Namibia.
PART 3

APPLICATION PROCEDURE

Who may apply for registration
99.
(1)	
The	 owner	 of	 a	 design	 may,	 in	 the	 prescribed	 manner	 and	 on	
payment	of	the	prescribed	fee,	apply	for	the	registration	of	the	design.
	

(2)	

The	owner	of	a	design	must	be	-

	

(a)	

the	creator	of	the	design;

Select target paragraph3