NAMIBIA Law and Practice Contributed by: Nadine van Schalkwyk, Ralph Strauss, Bonita R de Silva, Ivo dos Santos, Chrissie Turck, Jané Louw, Nicole Freygang and Natasha Nekuta, Dr. Weder, Kruger & Haikali Inc.
The registration of a design expires 15 years after the filing date. A prescribed annual renewal fee must, however, be paid, starting one year after the filing date, failing which the design registration will lapse. An application for the registration of a design must be filed with the Registrar and must contain a written request for registration, graphic representations of the article embodying the design, a written statement of the type of products in respect of which the design is to be used, the class or classes of the International Classification in which the design is to be registered, and the prescribed application fee. The Registrar must examine the application as to form and substance. Where the Registrar finds that the requirements set out in the Industrial Property Act No 1 of 2012 have been satisfied, either initially or after changes have been made, the Registrar must register the design. Where the Registrar finds that the requirements have not been satisfied, the Registrar must notify the applicant, setting out the reasons for the finding and inviting the applicant to make such changes as may be necessary to satisfy the require - ments within 60 days, failing which the Registrar will refuse the application. If the Registrar grants the application, the Registrar must request the applicant to pay the prescribed registration and publication fees within 90 days. The design is then recorded in the register, and the appli - cant is issued a certificate of registration. After the design has been registered, it must be published in the Industrial Property Bulletin. The owner of a design registration has, subject to certain limitations, the right to exclude others from making, importing, using or disposing of or offering to dispose of any article in the class or classes in which the design is registered and bearing or embodying the registered design or a design not substantially differ - ent from the registered design, when such acts are undertaken for commercial purposes. The registered owner of a design has the right to institute legal proceedings against any person who infringes the design registration by performing, with - out written consent, any of the acts referred to above
for commercial purposes, or who performs acts which make it likely that infringement will occur. Infringement proceedings may be instituted in the Tribunal by the design owner. Where a design has been infringed and the owner has instituted proceedings, the Tribu - nal may grant an interdict, an order for any infringing product or process article or product to be delivered up, damages, or in lieu of damages, a reasonable royalty. Appeals can be made to the High Court of Namibia. 7.4 Copyright The Copyright and Neighbouring Rights Protection Act No 6 of 1994 does not set out a definition for cop - yright, but provides that the original works of the fol - lowing descriptions are eligible for copyright: literary works, musical works, artistic works, cinematograph films, sound recordings, broadcasts, programme- carrying signals, published editions, and computer programs. Copyright protection generally endures for the follow - ing periods: • a literary, musical or artistic work, other than a photograph, for the life of the author plus 50 years from the end of the year in which the author dies, but if such work or an adaptation thereof has not been made publicly available during the author’s life through publication, public performance, offer for sale to the public, or broadcasting thereof, then for a period of 50 years from the end of the year in which the work is first made publicly available; • a cinematograph film, photograph or computer program, for a period of 50 years either from the end of the year in which the film, photograph or program is made available to the public with the owner’s consent or, if such film, photograph or program was not made publicly available within 50 years of its making, the end of the year in which the film, photograph or program was made; • a sound recording or published edition, for a period of 50 years from the end of the year in which it is first published; • a broadcast, for a period of 50 years from the end of the year in which the broadcast is made;
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