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Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
owner, the acquirer or any person claiming through him or her is entitled to deal with
it in the same manner as if the article had been disposed of by the registered owners
jointly.
(5)
Any joint registered owner may institute proceedings for infringement
and must give notice thereof to every other joint registered owner, and any such other
joint registered owner may intervene as co-plaintiff and recover any damages in respect
of any damage he or she may have suffered as a result of the infringement.
(6)
If in any proceedings under subsection (5) damages are awarded to a
plaintiff, damages must be awarded as if he or she were the sole registered owner, and
the defendant is not obliged to compensate any other joint registered owner in respect
of the infringement in question.
(7)
Where any dispute arises between joint registered owners as to their
respective rights in or to the registered design, the institution of proceedings relating to
the registered design or the manner in which they should deal with the registered design,
any joint registered owner may apply to the Tribunal to decide the matter in dispute.
(8)
If in considering any application under subsection (7) the Tribunal
is satisfied that a joint registered owner is unable or unwilling to remain a registered
owner, the Tribunal may order him or her to assign his or her rights to any other joint
registered owner able and willing so to remain, provided that where it appears to the
Tribunal to be just and equitable, it may order the payment of compensation to the joint
registered owner who is so ordered to assign his or her rights.
(9)
In considering any application under subsection (7) the Tribunal must,
unless it appears to it that there are good reasons to the contrary, resolve the dispute in
a manner which will lead to the preservation and exploitation of the registered design.
PART 8
VOLUNTARY LICENCES
Voluntary licence
116.
(1)
The owner of an application for a design registration or a
design registration may enter into a licence contract with one or more other persons to
authorise such person or persons to exploit the design covered by the registration or the
application in Namibia (herein referred to as a “voluntary licence”).
(2)
A voluntary licence contract concerning an application for a design
registration or a design registration must be submitted to the Registrar in the prescribed
manner and within the prescribed period.
(3)
The Registrar must –
(a)
record the grant of the licence in the appropriate register;
(b)
keep contents of the licence confidential; and