Industrial Designs Law in Namibia
Namibia's industrial design law is governed by the Industrial Property Act, 2012 (Act No. 1 of 2012), which came into effect on 1 August 2018. This Act modernized Namibia's intellectual property (IP) framework, aligning it with international standards and repealing outdated legislation such as the Patents, Designs, Trade Marks and Copyright Act of 1916 .
๐ What Is an Industrial Design?
In Namibia, an industrial design refers to the ornamental or aesthetic aspect of an article. It includes features such as shape, configuration, pattern, or ornamentation, provided these elements are new and original .
๐งพ Eligibility for Registration
To register an industrial design in Namibia, the applicant must be:
The originator of the design or
The assignee who can prove their vested right in the design concerning Namibia
๐ Registration Process
The registration process involves the following steps:
Application Submission:
Obtain and complete Form D1 from the Business and Intellectual Property Authority (BIPA) offices or the Ministry of Industrialization, Trade and SME Development (MITSMED) regional offices.
Provide a brief description of the design and the article to which it applies.
Submit four copies of drawings or photographs depicting the design.
Fees:
Pay an application fee of N$200 for a single design.
For each additional design in a multiple application, pay N$50 .
Submission:
Submit the completed application and proof of payment to the BIPA office.
โณ Duration and Renewal
Initial Term: 5 years from the filing date.
Renewal: The design can be renewed annually for up to 15 years.
Failure to Renew: If the design is not renewed, the registration lapses, and the design falls into the public domain .
๐ International Protection
Namibia is a member of the African Regional Intellectual Property Organization (ARIPO) and a contracting party to the Hague Agreement. This allows applicants to seek protection for their designs in multiple countries through a single application
โ๏ธ Enforcement and Legal Recourse
The Industrial Property Act provides the registered owner with exclusive rights to use the design and to prevent unauthorized use by others. Infringements can be addressed through legal action in the Industrial Property Tribunal or the High Court of Namibia .
๐ Key Takeaways
Governing Law: Industrial Property Act, 2012 (Act No. 1 of 2012).
Administering Authority: Business and Intellectual Property Authority (BIPA).
Protection Term: Initial 5 years, renewable annually up to 15 years.
International Protection: Available through ARIPO and the Hague Agreement.
Enforcement: Through the Industrial Property Tribunal or the High Court..
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