Who is eligible to apply for the 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 Offices and MITSMED Regional Offices free of charge.
- The application should state the article for which the design is being applied to.
- It should also give a brief description of the features of the design for which novelty is being claimed.
- Four copies of drawings or pictures of the design should be submitted with the application forms.
- The applicant or the agent is allowed to complete the application form (referred to as Form D1)
- After completion of the form, N$200.00 can be paid at the cashier for the single design and N$50.00 for each additional design (in the case of a multiple application) (EFT also accepted).
- Submit your application at the design office with the proof of payment .
Time frame within which a design is registered
- Applicants for designs have 12 months to complete registration.
- If registration is not completed within 12 months, an extension of three months is given in which to complete registration. If the applicant still fail to register, the application is considered to have lapsed irretrievably.
- Design registrations in Namibia are valid for 5 years from the date of filing the application.
- However, to maintain the validity of the registration for the full fifteen years, designs must be renewed each year.
- If the design is not renewed, the registration will lapse and fall into public domain.
- When a design is registered in Namibia, protection is only valid in Namibia, because protection is territorial. To acquire protection in other countries, applicants are encouraged to also file under the Hague Agreement or the Harare Protocol (both administered by WIPO).
