Patents Laws in Namibia
Here’s an overview of patent laws in Namibia:
🇳🇦 Patent Laws in Namibia
1. Governing Law
Patents in Namibia are governed primarily by the Patents Act, 1978 (Act No. 31 of 1978).
The Act was inherited from South African law and Namibia continues to operate under this framework.
Patents are administered by the Ministry of Industrialisation and Trade, through the Namibian Registrar of Patents.
2. Patent Protection
Patents protect inventions that are:
New
Involve an inventive step
Capable of industrial application
Patentable inventions include processes, machines, manufactures, and compositions of matter.
Exclusions: Scientific theories, mathematical methods, and discoveries as such.
3. Application Process
Namibia does not have a substantive examination system for patents.
Patent applications are usually filed via the South African patent office or through regional routes.
Namibia recognizes patents granted by the South African Patent Office and patents granted by other countries can be extended to Namibia under certain conditions.
The application must include a description, claims, drawings (if any), and abstract.
4. Patent Term
Patents have a maximum term of 20 years from the filing date.
Maintenance fees are payable annually to keep the patent in force.
5. International Treaties
Namibia is a member of the Paris Convention.
Namibia is not a member of the Patent Cooperation Treaty (PCT).
Regional patent cooperation occurs mostly through arrangements with South Africa and other SADC countries.
6. Rights Conferred
The patent owner has the exclusive right to prevent others from making, using, selling, or importing the patented invention.
Rights can be assigned, licensed, or transferred.
7. Enforcement
Patent infringement cases are handled by the Namibian courts.
Remedies include injunctions, damages, and orders for seizure or destruction of infringing goods.
8. Compulsory Licensing
Compulsory licenses can be granted under specific circumstances, such as non-working of the patent or public interest.
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