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;