MTI makes progress on industrial property law

THE long-awaited bill to protect industrial patents, trademarks and industrial designs in Namibia is in its final stage and might head to Parliament before the end of this year, according to the Ministry of Trade and Industry.

“The economy has changed very much since Namibia became independent and the necessity for such a law was recognised shortly afterwards,” said Edward Kamboua, Director of Commerce in the Ministry, on the sidelines of a workshop seeking input on the draft bill. “Globalisation and ongoing trade negotiations on several fronts like the World Trade Organisation (WTO) made the whole matter more complex and required more changes and adaptations to the draft,” Kamboua told The Namibian.”The bill makes Namibia compatible with the World Intellectual Property Organisation (WIPO) treaties, conventions and protocols that Namibia has signed.”The final draft of the Namibia Industrial Property Draft Bill has been circulated for comment by the South African Institute of Intellectual Property Law.The 125-page document sets out to provide for the establishment of an Industrial Property Office and the appointment of a Registrar of industrial property; to provide for the granting, protection and administration of patents, industrial designs, trademarks, collective marks, certification marks and trade names.It will further provide for the registration of industrial property agents and for the establishment of an Industrial Property Tribunal.In January 2004, Namibia became a member of the African Regional Industrial Property Organisation (ARIPO) and the same year joined the Patent Cooperation Treaty (PCT) as a contracting state.Consequently it is possible to obtain patent protection in Namibia based on an International PCT application, provided that the international application was filed after January 1 2004.”Globalisation and ongoing trade negotiations on several fronts like the World Trade Organisation (WTO) made the whole matter more complex and required more changes and adaptations to the draft,” Kamboua told The Namibian.”The bill makes Namibia compatible with the World Intellectual Property Organisation (WIPO) treaties, conventions and protocols that Namibia has signed.”The final draft of the Namibia Industrial Property Draft Bill has been circulated for comment by the South African Institute of Intellectual Property Law.The 125-page document sets out to provide for the establishment of an Industrial Property Office and the appointment of a Registrar of industrial property; to provide for the granting, protection and administration of patents, industrial designs, trademarks, collective marks, certification marks and trade names.It will further provide for the registration of industrial property agents and for the establishment of an Industrial Property Tribunal.In January 2004, Namibia became a member of the African Regional Industrial Property Organisation (ARIPO) and the same year joined the Patent Cooperation Treaty (PCT) as a contracting state.Consequently it is possible to obtain patent protection in Namibia based on an International PCT application, provided that the international application was filed after January 1 2004.