Legislative Implementation of Flexibilities - Namibia

Title:	Sections 30-31 of the Industrial Property Bill of 1999
Field of IP:	Patents
Type of flexibility:	Utility models
Summary table:

Provisions of Law

Applicability of provisions relating to patents

30. (1) Subject to section 31, the provisions of Part TI shall apply, subject to the necessary changes, to utility model certificates or applications therefor, as the case may be.

(2) Where the right to a patent conflicts with the right to a utility model certificate in the case referred to in section 10(3), the said provision shall apply as if the word "patent" were replaced by the words "patent or utility model certificate".

Special provisions relating to utility model certificates

31. (1) An invention qualifies for a utility rnodel certificate if it is new and is industrially applicable.

(2) Section 9(1) shal1 not apply in the case of inventions for which utility model certificates are requested.

(3) Section 15(6) shall not apply in the case of applications for utility model certificates.

(4) A utility model certificate shall expire, without any possibility of renewal, at the end of the seventh year after the date of the filing of the application.

(5) With the exception of subsection (5) of section 15, section 15 shall not apply in the case of utility model certificates.

(6) In proceedings under section 20, the court shall invalidate the utility model certificates on the following grounds -

(a) that the claimed invention did not qualify for a utility model certificate, having regard to subsection(1) and to section 9(2), (3), (4) and (5);

(b) that the description and the claims do not apply with the requirements prescribed by section 11 (3) and (4) and the regulations relating thereto;

(e) that any drawing which is necessary for the understanding of the invention has not been fiirnished;

(d) that the owner of the utility model certificate is not the inventor or his or her

successor in title.

(7) Section 20(2) shall not apply in the case of utility model certificates.