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Jun 28, 2018
Dale Healy, Nicky Garnett and Kareema Shaik, Adams & Adams, South Africa
First published on www.adamsadams.com


New Namibia Industrial Property Act imminent


Dale Healy, Nicky Garnett and Kareema Shaik, Adams & Adams, South Africa, First published on www.adamsadams.comAfter years of anticipation, the Industrial Property Regulations were published in the Namibian Government Gazette on 1 June 2018. The effect of the publication is that the new Industrial Property Act No. 1 of 2012 will come into operation on 1 August 2018. The Act repeals, amongst other legislation, the Trade Marks in South West Africa Act dating back to 1973 and introduces new legislation for patents, industrial designs, trade marks and trade names. Copyright protection is still mainly governed separately under the existing Copyright and Neighbouring Rights Protection Act 6 of 1994.
Insofar as trade marks are concerned, some of the noteworthy introductions include new requirements for assignments and provisions relating to restorations, alterations/amendments, joint ownership, licence contracts and registered users. No provision is made in the new Act for defensive trade mark registrations, although existing registrations will remain valid. The Act also makes it possible to register collective marks, whereas previously only
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