INDUSTRIAL PROPERTY REGISTRATION IN NAMIBIA

1
INDUSTRIAL PROPERTY REGISTRATION IN NAMIBIA

• By Peter Naphtali
• Ministry of Trade and Industry
• 9th August 2005

2
WHAT DOES INDUSTRIAL PROPERTY ENTAIL?

• Trade Marks
• Patents/Utility Models
• Industrial Designs

• Geographical Indications
• Trade Secrets
• etc

3
TRADE MARKS

• Distinct symbol used to distinguish goods of one
  enterprise from those of another.
• Administration under Act 48 of 1973.
• Registered for ten years.
• Can be renewed.

4
QUALITIES OF A GOOD TRADE MARK

• Must be distinctive
• Must look good
• Must sound appealing
• Must have an agreeable image or connotation

5
UNREGISTERABLE TMs

• Descriptive of character or quality of
  goods/services
• Word or other mark required by others in the
  business
• Identical or similar mark already registered
• Inherently deceptive, confusing, immoral or
  offensive mark
• Marks including court of arms, national flag,
  national seal of the Republic of Namibia
• Geographical terms and names

6
ACQISITION OF RIGHTS

• Filed on priority to first file principle
• Acquired in 2 ways by registration, by long term
  use
• Done in a particular class 45 classes34 goods,
  11 services

7
ADVANTAGES OF REGISTERING

• Infringement proceedings instituted easily
• Basis for refusal by Registrar to register same
  or confusingly similar mark for the same or
  similar goods/services
• Acts as deterrent to potential infringers
• Allows for effective appointment of licensees

8
PROTECTION IN OTHER COUNTRIES

• Territoriality
• Validity

9
OTHER MARKS AND FEES

• Collective marks
• Certification marks

• Application fees N260/N300
• Renewal fees N120

10
PATENTS/UTILITY MODELS

• Protection that government authority grants an
  applicant for invention
• Provides owner exclusive right to exploit
  benefits of invention
• Administered under Act 9 of 1916 and Proclamation
  17 of 1923

11
PATENTABILITY CRITERIA

• Novelty
• Inventive step
• Practical viability
• Conformity to natural and statutory laws

12
NON-PATENTABLE MATTER

• Plant varieties/animal hybrids (life forms)
• Alleged inventions
• Aesthetic creations
• Scientific theories and mathematical methods
• Methods for performing mental acts

13
PATENT DRAFTING/ SPECIFICATIONS

• Title of the invention
• Description
• One or more claims
• Abstract
• Drawings or formulas, if needed

14
PATENT CLASSIFICATION-8 SECTIONS

• A-Human necessities
• B-Performing operation, transportations
• C-Chemistry, metallurgy
• D-Textiles, paper
• E-Fixed construction
• F-Mechanical engineering, lighting, heating,
  weapons, blasting
• G-Physics
• H-Electricity

15
FEES

• Registration for 14/10 years, renewable
• Registration fee N12.00
• Renewal fee N4.00

16
INDUSTRIAL DESIGNS

• Shape and decorative ornament of a finished
  article
• Protected under Act 9 of 1916 and Proclamation 17
  of 1923

17
ELIGIBILITY AND CONDITIONS FOR REGISTRATION

• Originator
• Assignee
• Must be new and original
• Must not be already registered similar design
• Must not be the subject of earlier application by
  another applicant

18
REGISTERABLE DESIGNS

• Armorial bearings
• Insignia
• Flags of all countries
• Portraits of any known persons

19
EXCLUDED FROM REGISTRATION

• Work of sculpture
• Wall plaques
• Medals
• Calendars
• Maps
• Post cards

20
FEES

• Application fee N2.00
• Renewal fee N2.00

21
LEGISLATION DEVELOPMENT

• Industrial Property Bill has been distributed
  among stakeholders for input.

22
OTHER ROUTES

• ARIPO
• The Lusaka Agreement-16-1976
• The Harare Protocol for the registration of
  patents and designs-15-1982
• The Banjul Protocol on Marks-8-1993

• WIPO
• The Paris Convention for the Protection of
  Industrial Property
• The Patent Cooperation Treaty
• The Madrid Agreement and Protocol concerning the
  registration of marks
• The Hague Agreement concerning the International
  Deposit of ID

23
UNAM WHERE DO YOU STAND?

• Develop university IP policy as part of overall
  research policy
• To cover IPRs to be considered, ownership of
  IPRs, disclosure of IPRs, marketing and
  licensing, revenue distribution etc.

24
2005 THEME

• THINK ! IMAGINE ! CREATE !
• Thank you very much