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Industrial Property Act, 2012 (No. 1 of 2012).

Country/Territory
Namibia
Document type
Legislation
Date
2012
Source
FAO, FAOLEX
Original source
Government Gazette No. 4907 of 23 March 2012.
Long title
An Act to provide for the establishment of an Industrial Property Office and the appointment of a Registrar of industrial property; to provide for the grant, protection and administration of patents and utility model certificates; to provide for the registration, protection and administration of industrial designs; to provide for the registration, protection and administration of trade marks, collective marks, certification marks and trade names; to provide for the registration of industrial property agents; to provide for the establishment of an Industrial Property Tribunal; and to provide for incidental matters.
Subject
Agricultural & rural development, Food & nutrition, Cultivated plants
Keyword
Institution Intellectual property rights/patents Research Legal proceedings/administrative proceedings Certification Biotechnology Traditional knowledge/indigenous knowledge
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

This Act establishes the Industrial Property Office and the Industrial Property Tribunal and provides with respect to the protection of intellectual property in Namibia. “Industrial property” means patents, utility model certificates, industrial designs, and trademarks including certification trademarks and collective trademarks. As for patents, where the subject matter of a patent application is derived from or developed with biological resources or associated indigenous or traditional knowledge, the applicant must disclose in the application for a patent the country providing the resources or associated indigenous or traditional knowledge, from whom in the providing country they were obtained, and, as known after reasonable inquiry, the country of origin and any other information regarding the source or nature of the resources as may be prescribed. A “certification trade mark” includes a mark capable of distinguishing an indication on geographical origin of goods. Plants and animals other than micro-organisms and any essentially biological processes for the production of plants and animals other than non-biological and microbiological processes are excluded from patentability. Inventions the commercial exploitation of which would be contrary to public order or morality are excluded from patentability, except that an invention will not be so excluded merely because the exploitation thereof is prohibited by law. Public order or morality includes considerations relating to - (a) the patentability and protection of human, animal or plant life or health; or (b) the avoidance of serious harm to the environment.

Full text
English
Website
www.lac.org.na

References - Legislation

Implemented by

Industrial Property Regulations, No. 114 of 2018

Legislation | Namibia | 2018

Keyword: Agricultural development, Institution, Intellectual property rights/patents, Research, Legal proceedings/administrative proceedings, Business/industry/corporations

Source: FAO, FAOLEX

Amended by

Business and Intellectual Property Authority Authority Act, 2016 (No. 8 of 2016).

Legislation | Namibia | 2016

Keyword: Agricultural development, Institution, Intellectual property rights/patents, Research, Legal proceedings/administrative proceedings, Business/industry/corporations

Source: FAO, FAOLEX