Who is eligibility to apply for registration of a design in Namibia?
- The originator of the design.
- His assignee, who may be an individual, group of people or a company as long as they can prove their vested right in the design with respect to Namibia.
Conditions for registering a design
- A design can only be registered if it is new or original.
- It cannot be registered if a similar one exists on the register.
- It cannot be registered if it resembles another that has been published before.
- A design cannot be registered if it is the subject of an earlier application by another applicant.
How to apply for the registration of an industrial design
- Application forms are available at BIPA Office and all MITSMED Regional Offices free of charge
- The application should state the article for what the design is being applied for.
- It should also give a brief description of the features of the design for which novelty is being claimed.
- Four copies of drawing or picture of the design should be submitted with the application forms.
- The applicant or the agent are allowed to complete the application form
Time frame with in which to get a design registered
- Applicants for designs are given one- year period within which to complete registration.
- If registration is not completed within twelve months an extension of three months is given in which to complete registration.
- If however the application defaults it is considered to have lapsed irretrievably.
- Design registration in Namibia is valid for five years from the date of filing the application.
- However, to maintain the validity of the registration for the full fifteen years it must be renewed for the second and third period of five years each.
- If no renewal is done then the registration will lapse and fall into public domain.
- When a design is registered in Namibia, protection is only valid in Namibia, this is because protection is territorial. To acquire protection in other countries an applicant is encouraged to file under The Hague Agreement administered by WIPO or Harare Protocol administered by WIPO.