Registered Designs

 Membership of International Conventions:

  • Paris Union (from 1 January 2004)
  • WIPO (from 23 December 1991)
  • ARIPO (from 23 April 2004)
  • Hague Agreement (from 30 June 2004)

Types of Designs available:

  • Industrial Designs
  • Textile Designs

Novelty Requirements:

Design protection may be obtained for any new or original design not previously used or described in any printed publication in Namibia.

The exhibition at an industrial or international exhibition, or the exhibition elsewhere during the period of the holding of the exhibition, without the privity or consent of the proprietor, of a design, or of any article to which a design is applied, or the publication, during the holding of any such exhibition, of a description of a design shall not prevent the design from being registered, or invalidate the registration thereof: provided that

  • the exhibitor, before exhibiting the design or article or publishing a description of the design, gives the registrar the prescribed notice of his intention to do so; and
  • the application for registration is made before or within six months from the date of the opening of the exhibition.

The registration by the proprietor, his assignee or legal representative, of any design in a country outside Namibia, shall not be a bar to the registration by the same person of the same design in Namibia: provided that the application for registration in Namibia is made within four months of the date of the first registration, in any other such country. The use in Namibia during this period of such design or the publication in Namibia or in any other country during such period of a description or representation of such design does not invalidate the registration of the design in Namibia.

The disclosure of a design by the proprietor to any other person in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person other than the proprietor, and the acceptance of a first and confidential order for goods being a new or original design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the design, if registration thereof is obtained subsequently to the disclosure or acceptance.

Registrability:

“Article” in relation to designs, means any article of manufacture and any substance artificial or natural or partly artificial and partly natural.

A design is any design applicable to any article whether for the pattern, for the shape or configuration, or for the ornament thereof or for any two or more of such purposes and by whatever means it is applicable whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical, or chemical, separate or combined, not being a design for sculpture.

The same design may be registered in more than one class. Design applications in Namibia must be filed in specific classes. Separate design applications must be filed for each class in which protection is required.

Where a design has been registered in one or more classes of goods, the application by the proprietor of the design to register it, and some one or more other classes, shall not be refused, nor shall the registration thereof be invalidated:

  • On the ground of a design not being a new or original design, by reason only that it was previously registered.
  • On the ground of the design having been previously published in Namibia, by reason only that it has been applied to goods of any class in which it was so previously registered.

Set means a number of articles of the same general character ordinarily on sale together, or intended to be used together, all bearing the same design with or without modifications not sufficient to alter the character or not substantially affecting the identity thereof.

An industrial design which is contrary to public order or public morality is not registrable.

Filing Requirements:

  • Power of Attorney (simply signed) (can be late filed, no set deadline)
  • Drawings, photographs, tracings, or other representations of the design, or specimens (required on the day of filing)
  • The article or articles to which the design is to be applied, and if required, for what purpose the article to which the design is to be applied is used and the material or the pre-dominating material of which the article is made
  • Class in which design is to be registered - Design applications in Namibia must be filed in specific classes. Separate design applications must be filed for each class in which protection is required.
  • Brief statement of novelty
  • Priority document with verified English translation, if applicable (can be late filed within three months)

An application for registration of a design already registered abroad must be filed within four months of the first foreign registration and must include the date and number of that registration.

Substantive Examination:

No

Duration and Renewal:

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each.

ARIPO design in which Namibia is designated:

Please see aripo

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