JEE Practice Details
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Namibia is a member of the Paris Convention, the Madrid Agreement and Protocol, the ARIPO (Banjul Protocol), and the WTO/TRIPS.
Namibia is soon to have a new Industrial Property Act, which will provide for the Paris Convention, ARIPO (Banjul Protocol) and the Madrid Agreement and Protocol. However, this Act has not yet been enacted or implemented. Trade mark applications are still processed under the existing legislation.
Provision is made for the registration of trade marks for goods and for services, for certification marks, and for defensive trade marks. The Act provides for a Part A and a Part B of the register. In order to be registrable in Part A of the register, the mark must be or contain a distinctive mark, while for registration in Part B the mark must be capable of becoming distinctive through use.
Types of trademark registrable
“Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof or a container for goods
International and regional arrangements
Namibia is a party to the Paris Convention and Madrid Agreement
Documents required for trademark registration
Power of Attorney (Simply Signed)
Renewals
Valid for 10 years from the registration or filing date
Documents required for assignment
Assignment Agreement (Simply Signed)
Power of Assignment of assignor (Simply Signed)
Power of Attorney of assignee (Simply Signed)
Documents required for license
License Agreement (Simply Signed)
Power of Attorney of Licensor (Simply Signed)
Power of Attorney of Licensee (Simply Signed)
Documents required for change of name/address
Document of proof (simply signed)
Power of Attorney (simply signed)
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Namibia is a member of the Paris Convention, ARIPO (Harare Protocol), the PCT and the WTO/TRIPS.
At the time of writing, patent protection is obtainable via a national filing in Namibia in terms of the 1923 Proclamation. This Proclamation does not provide for priority rights in terms of the Paris Convention, nor for ARIPO
applications designating Namibia, nor for PCT national phase applications. In the meanwhile, Namibia has acceded to the Paris Convention, to ARIPO and the Harare Protocol, and to PCT. Namibia is expected soon to have a new Act, which is currently before the Namibian parliament and which will provide for the Paris Convention, ARIPO and PCT. However, this legislation has not yet been implemented. Accordingly, patent applications are still being processed under the old legislation.
Despite this, the Namibian Patent Office is accepting the filing of convention and PCT national phase applications. However, the validity of any patents granted on this basis is uncertain in the light of the absence of local enabling legislation. Nevertheless, the Namibian Constitution does contain a provision which indicates that any international treaties which are signed by Namibia will have legal effect, whether supported by local legislation or not.
Documents required for Non-PCT Patent Registration
Power of Attorney
Original Specifications
Original Drawings
Documents required for assignment/ license
Deed of assignment
Power of Attorney – assignor and assignee/ licensor and licensee
Documents required for change of name/address
Power of Attorney
Certified copy of Change of Name Document
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Namibia is a member of the Paris Convention, ARIPO (Harare Protocol), the Hague Agreement, and the WTO/TRIPS.
In terms of the 1923 Proclamation, design protection is obtainable via a national filing in Namibia. Namibia is expected soon to have a new Act, which will provide for the Paris Convention, the Hague Agreement and ARIPO. However, this Act has not yet been promulgated, and applications are therefore still being processed under the old legislation.
Documents required for registration
Power of Attorney
Original drawings
Documents required for assignment/ license
Deed of assignment
Power of Attorney of assignor and assignee or licensor and licensee
Documents required for change of name/address
Power of Attorney
Certified copy of Change of Name document
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Namibia is a member of the Berne Convention and the WTO/TRIPS.
The Act provides for the following works to be eligible for copyright protection:
literary works
musical works
artistic works
cinematograph films
sound recordings
broadcasts
programme-carrying signals
published editions
computer programs.
Literary works are further defined to include:
novels, stories, poetic works
dramatic works, stage directions, film scenarios, broadcasting scripts
textbooks, treatises, essays, articles
encyclopaedias, dictionaries
letters, reports, memorandalectures, addresses and sermons
tables and compilations of data.
Artistic works are further defined to include:
paintings, sculpture, drawings, engravings, photographs
works of architecture
works of artistic craftsmanship.
