The Namibian Industrial Property Act, 2012 came into effect on 1st August 2018. This law repeals the Patents, Designs, Trade Marks and Copyright Act, 1916, the Patents and Designs Proclamation, 1923 and the Trade Marks in South West Africa Act, 1973. It provides for the registration, protection and administration of patents, utility model certificates, industrial designs, trade marks, collective marks, certification marks and trade names.

 

As far as patents are concerned, the previous legislation provided for a term of 14 years, with renewal fees payable 3, 7 and 10 years from the filing date, and with a 3-month grace period available for late payment of the renewal fee. The new law provides that the term of a granted patent remains unchanged, but that renewal fees are now payable annually, on each anniversary of the filing date, and with a 6-month grace period being available for the late payment of the renewal fee.