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Amendments to Trademark Laws

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Jun 28, 2018 (Newsletter Issue 12/18)
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New Industrial Property Act soon in Force

The Industrial Property Regulations were published in the Namibian Government Gazette on June 1, 2018. By this the new Industrial Property Act No. 1 of 2012 will come into operation on August 1, 2018.
The Act repeals the Trade Marks in South West Africa Act dating back to 1973 and introduces new legislation for patents, industrial designs, trademarks and trade names.

Some of the amendments with regard to trademarks are the following:
- new requirements for assignments and provisions relating to restorations, alterations/amendments, joint ownership, licence contracts and registered users
- possibility to register collective marks,
- non-use cancellation period will shorten from 5 years to 3 years
- trademark infringement proceedings must now be brought before the IP Tribunal
- foreign well-known trademarks will be recognized
- provisions for multi-class applications and applications under the Madrid Protocol and the Banjul Agreement in place

For further information, please check the article of the law firm Adams & Adams here