62		

Government	Gazette	23	March	2012	

Act No. 1, 2012

No.	4907


INDUSTRIAL PROPERTY ACT, 2012

PART 5

RIGHTS CONFERRED BY REGISTRATION OF INDUSTRIAL DESIGN

Rights conferred by registration
107.
The	person	registered	as	the	owner	of	a	design	registration	has,	for	the	
duration	 of	 the	 registration	 and	 subject	 to	 the	 provisions	 of	 this	Act	 and	 to	 any	 rights	
appearing	 from	 the	 register	 of	 designs	 to	 be	 vested	 in	 any	 other	 person,	 the	 right	 to	
exclude	all	others	from	making,	importing,	using	or	disposing	or	offering	to	dispose	of	
in	Namibia	any	article	included	in	the	class	or	classes	in	which	the	design	is	registered	
and	 bearing	 or	 embodying	 the	 registered	 design	 or	 a	 design	 not	 substantially	 different	
from	the	registered	design,	when	such	acts	are	undertaken	for	commercial	purposes.
Limitations of rights
108.		
	

The	rights	of	the	owner	of	a	registered	design	do	not	extend	to	–

	

(a)	

acts	in	respect	of	articles	which	have	been	put	on	the	market	in	Namibia	
by	such	owner,	or	with	his	or	her	written	consent;

	

(b)	

the	use	of	articles	on	aircraft,	land	vehicles,	or	vessels	of	other	countries	
which	temporarily	or	accidentally	enter	the	airspace,	territory	or	waters	
of	Namibia;	

	

(c)	

acts	 related	 to	 experimental	 use	 of	 the	 design	 or	 acts	 done	 on	 a	 noncommercial	scale	for	scientific	research;

	

(d)	

use	of	the	design	for	teaching	purposes;	or

	

(e)	

acts	 that	 are	 done	 privately	 and	 on	 a	 non-commercial	 scale,	 or	 for	 a	
non-commercial	purpose.

ARIPO designs
109.
(1)	
Where	an	application	for	the	registration	of	an	industrial	design	
in	ARIPO	 is	 filed	 with	 the	 Office	 as	 the	 receiving	 office,	 the	 Registrar	 must,	 without	
delay,	transmit	the	application	to	the	office	of	ARIPO,	whereupon	the	application	must	
be	processed	further	in	accordance	with	the	provisions	of	the	Harare	Protocol.
	
(2)	
If	the	office	of	ARIPO	decides	to	register	a	design	on	an	application	and	
notifies	the	Registrar,	the	Registrar	must	–
	

(a)	

examine	the	application	in	accordance	with	section	103;

	

(b)	

if	 the	 Registrar	 finds	 that	 the	 requirements	 referred	 to	 in	 section	 103	
are	not	complied	with,	communicate	in	writing	to	the	office	of	ARIPO	
within	 six	 months	 from	 the	 date	 on	 which	 the	 Registrar	 was	 notified,	
that	if	a	design	registration	is	granted	by	the	office	of	ARIPO	that	design	
registration	has	no	effect	in	Namibia;

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