Namibia

General Information

• Capital: Windhoek
• Population: 1.65 million
• Area: 824 268 km2
• Languages: English - official language. Afrikaans, German, Khoekhoe (Nama), Herero, Ovambo
• Exports: Diamonds; copper; gold; zinc; lead; uranium; cattle; processed fish; karakul skins
• Imports: Foodstuffs; chemicals and other intermediates; petroleum products; fuel; machinery; industrial equipment
• Currency: Namibian Dollar

Trade Marks

International Conventions

WIPO, WTO, Berne Union, Signatory to the WIPO Copyright Treaty, Signatory to the WIPO Performances and Phonograms Treaty, Hague Convention member of ARIPO, Madrid Agreement and Madrid Protocol.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Eight prints of the trade mark - device marks.

Classification

International classification of goods and services. A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior existing registrations/applications.

Opposition

Opposition may be lodged within two months following the date of advertisement.

Extension of the opposition period is possible at the discretion of the Registrar. 

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users

Registered use is recognised. Recordation is required in order to be effective against third parties and for use by the licensee to inure to the benefit of the registered proprietor.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) Registered user agreement;
(b) Affidavit and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill of the business

Requirements

(a) Deed of assignment
(b) Power of attorney from the assignee

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Textile goods containing sheep’s wool, whether in the piece or made up, are now subject to special marking regulations.

There are special marking regulations, for potentially harmful drugs, many other drugs, and for food. Labels should be in English or Afrikaans, certain items require labels in both languages.

Every bag, package, wrapper, case or other container in which goods of any kind are imported into the Republic for the purpose of sale, sold, exposed for sale, or delivered to a purchaser, other than on the basis of weight or measure, shall avoid all direct or indirect indication of either weight or measure, including numbers which might be construed as such an indication. This does not prohibit outer containers from being marked with the shipping weight.

Patents

General

Patent protection is obtainable via a national filing in Namibia. Namibia became a member of the International Convention and of PCT on 1 January 2004 and a member of ARIPO on 24 April 200 It is also a WTO member. The necessary implementing legislation exists but has not yet been passed and applications are still being processed under the old legislation (details of which are given below). Regulations under the new legislation have also not been published.

Patentable Subject Matter

An invention is any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement thereof, capable of being used or applied in trade or industry. Inventions that are contrary to law or morality are not patentable.

Under the proposed draft legislation, an invention is an idea of an inventor which permits in practice the solution to a specific problem in the field of technology. Excluded are discoveries, scientific theories and mathematical methods; schemes, rules or methods for doing business, performing purely mental acts or playing games; methods for the treatment of the human or animal body by surgery or therapy, as well as the diagnostic methods practiced on the human or animal body, but not products for use in any of these methods; and inventions contrary to public order or morality.

Filing Requirements

Neither legalization nor notarisation of any of the documents is necessary. A specification in English is needed.

Novelty

An invention is patentable if, at the date of filing, the following three criteria are satisfied:
a. the invention is not known by others in Namibia;
b. the invention has not been used others in Namibia;
c. the invention has not been on sale for more than two years in any country outside Namibia.

Under the draft legislation, prior art consists of everything disclosed to the public, anywhere in the world, by publication in tangible form, or, in Namibia, by oral disclosure, by use or in any other way. Disclosures that occurred within 12 months of the filing or priority date, are ignored if they were by reason or in consequence of acts committed by a third party with regard to the applicant or predecessor of the applicant. 

Examination

The application is subjected to formal examination only. Under the new draft legislation, the Registrar may call for details of corresponding foreign applications as well as search or examination results.

Duration/Maintenance

Patents are granted for a term of fourteen years, counting from the date of filing subject to payment of maintenance fees at the end of three, seven and ten years from the filing date. A three month grace period is provided, with payment of a fine. The draft legislation provides for a 20 year term with annual renewal as from the first anniversary of filing.

Working

No formal requirements, although a third party may apply for a compulsory licence, or in the alternative, for the revocation of the patent, if actual working is not effected within two years of the date of grant of the patent. The draft legislation provides for a compulsory licence under various circumstances.

Licences/Assignments

In order to be effective as to third parties, assignments must be recorded. The draft legislation requires recordal to make the licence/assignment effective against third parties.