Legislative Implementation of Flexibilities - Namibia

Title:	Section 19 of the Industrial Property Bill of 1999
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Non-voluntary licences

19. (1) On the request of any person who proves his or her ability to work a patented invention in Namibia, made to the Registrar after the expiration of a period of four years from the date of filing of the patent application or three years from the date of the grant of the patent, whichever period expires last, the Registrar may grant a non-voluntary licence if the patented invention is not worked or is insufficiently worked in Namibia.

(2) Notwithstanding subsection (1), a non-voluntary licence shall not be granted if the owner of the patent satisfies the Registrar that circumstances exist which justify the non-working or insufficient working of the patented invention in Namibia. Importation shall not constitute such a circumstance.

(3) The beneficiary of the non-voluntary licence shall have the right to exploit, other than to import the patented invention in Namibia according to the terms set down in the decision granting the licence, shall C0ITU11ence the working of the patented invention in Namibia within the time limit fixed in the said decision and, thereafter, shall work the patented invention sufficiently in Namibia, subject to the payment of an equitable remuneration therefor as determined in the said decision.

(4) The grant of the non-voluntary licence shall not exclude -

(a) the conc1usion of licence contracts by the owner of the patent or the grant of other

non- voluntary licences; or

(b) the exploitation of the patented invention under section 17(5).