No.	4907	
Act No. 1, 2012

Government	Gazette	23	March	2012	

71

INDUSTRIAL PROPERTY ACT, 2012

Notification of International Bureau by Registrar
128.	 (1)	
Where	the	Registrar	is	notified	by	the	International	Bureau	that	
an	international	registration	of	a	design	contains	a	designation	of	Namibia,	the	Registrar	
must	 proceed	 in	 accordance	 with	 section	 103	 as	 if	 the	 relevant	 design	 is	 the	 subject	 of	
an	application	under	this	Act.
(2)	
Where	 the	 Registrar	 finds	 that	 the	 requirements	 referred	 to	 in	 section	
	
103(2)	 are	 not	 complied	 with,	 the	 Registrar	 must	 notify	 the	 International	 Bureau	 that	
protection	of	the	design	has	been	refused.
(3)	
No	such	notification	as	referred	to	in	subsection	(2)	may	be	given	after	
	
the	expiry	of	a	period	of	six	months	from	the	date	on	which	the	Office	received	from	the	
International	Bureau	a	copy	of	the	publication	in	which	the	international	registration	of	
the	design	concerned	was	published.
(4)	
Where	 the	 Registrar	 finds	 that	 the	 requirements	 referred	 to	 in	 section	
	
103	have	been	complied	with,	the	Registrar	must	–
	

(a)	

register	the	design;

	

(b)	

issue	the	registered	owner	with	a	registration	certificate;	and	

	

(c)	

subject	to	subsection	(5),	publish	a	reference	to	the	design	registration	
in	the	bulletin.

(5)	
A	 publication	 in	 terms	 of	 subsection	 (4)(c)	 may	 not	 take	 place	 before	
	
the	copy	of	the	publication	of	the	international	registration	by	the	International	Bureau
	
has	been	received	by	the	Office	in	accordance	with	the	Hague	Agreement.
(6)	
Where	 an	 international	 application	 for	 the	 registration	 of	 a	 design	
	
under	the	Hague	Agreement	is	filed	at	the	Office,	the	Registrar	must	record	the	date	on	
which	the	application	was	received	by	that	Office	as	the	filing	date	of	the	international	
application,	and	the	Registrar	must	transmit	the	application	to	the	International	Bureau	
within	one	month	of	that	date.
(7)	
The	 Registrar	 must,	 at	 the	 time	 of	 transmitting	 an	 international	
	
application	to	the	International	Bureau	in	terms	of	subsection	(6),	notify	the	International	
Bureau	of	the	date	on	which	the	office	of	the	Registrar	received	the	application,	and	must	
notify	the	applicant	of	this	date	and	of	the	fact	that	the	application	has	been	transmitted	
to	the	International	Bureau.
Registrar to notify International Bureau concerning invalidation
129.	 Where	 a	 design	 registration	 registered	 in	 Namibia	 under	 the	 Hague	
Agreement	has	been	invalidated	in	accordance	with	section	121,	the	Registrar	must,	as	
soon	as	possible,	notify	the	International	Bureau	accordingly.

Select target paragraph3