– Industrial Property Act, 2012, in force since August 1, 2018.
– Industrial Property Regulations, No. 113 of 2018.

Note: the new Act provides for the registration and protection of patents, utility model certificates, industrial designs, trademarks, collective marks, certification marks and trade names.

– See under “Patents“.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since June 30, 2004.

Applicant: the creator or his assignee.

Definition: any feature or combination of features of form or shape or configuration, or any feature or combination of features or pattern or ornamentation, including any composition of lines or colors, applied to an article to give it an appearance having features discernible by the eye, but does not include any features serving solely to obtain a functional or technical result. 

Exceptions to protection: design protection may not be obtained for a design which is contrary to public order or morality. 

Classification: International Classification applies. 

Multiple designs: an application for the registration of a design may be in respect of two or more designs, provided that the designs relate to the same class of International Classification or to the same set of articles. 

Novelty: not been disclosed to the public anywhere in the world, by publication in any form, or by use or in any other way, prior to the filing date, or priority date.

Novelty grace period: novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, and it was as a consequence of acts committed by the applicant or his predecessor in title; or an abuse committed by a third party with regard to the applicant or his predecessor in title.

Filing requirements for an application (to be sent to authorized agent):
1. Declaration and power of attorney (Form G2), simply signed (can be late filed within sixty days);
2. Drawings, photographs or other graphic representations of the article embodying the design (required on the day of filing);
3. A statement, in writing, indicating the kind of products for which the design is to be used;
4. Certified copy of priority document, if priority claimed, with verified English translation (can be late filed within three months);
5. Assignment of invention (can be late filed within sixty days).

Electronic filing: not available in Namibia.

A formal examination is undertaken after filing. The Registrar may apply substantive examination. 

Opposition: no provision.

Duration: design registration is valid for fifteen years from the filing date.

Renewal fees fall due annually commencing on the first anniversary of the filing date.

Annuity grace period: there is a six-month grace period for the late payment of an annuity on payment of a surcharge. 

Transition provisions: for designs filed prior to August 1, 2018, the design remains in force for the unexpired five-year term provided for under the old Act, thereafter the renewal fees are due annually on the anniversary of the filing date. 

Marking: the word “Registered” or an abbreviation thereof and the design number. Penalty for non-compliance may be loss of damages, but an interdict can be granted. 

Restoration: a design, which has lapsed due to non-payment of renewal fees, may be restored if the failure to pay the fee was unintentional and there was no undue delay in applying for restoration. 

Assignment and licenses: must be registered to be effective against third parties. 

Infringement: protection is against making, using or vending an article embodying the registered design or a design not substantially different from it.