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Enforcement of IPRs in Namibia

Namibia

Enforcement of IPRs
The lack of customs measures and any other measures to intercept counterfeit import or export goods is the main cause of counterfeiting and piracy in Namibia.
Medicines and medical products most often face counterfeiting and piracy in Namibia.
No
They are as follows:
  • The Industrial Property Act, 2012 (Act No. 1 of 2012);
  • The Trade Marks Act, 1973 (Act No. 48 of 1973) provides for the establishment of the Trade Marks Registration Office, Appointment of the Registrar, and Registration of Trademarks;
  • The Patents and Designs Act, 1916 (Act No. 9 of 1916);
  • The Patents, Designs, Trade Marks, and Copyright Proclamation, 1923 (Act No. 17 of 1923); and
  • The Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994).
Patents, Copyright, Designs, and Trademarks are the different types of IPRs protected by IPR enforcement in Namibia.
Firstly, it is important to have an overall strategy to protect your IP. Secondly, the IP may be protected differently in Namibia than in the other countries; hence, it is important to conduct due diligence.
Yes
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
No
In such a case, the court may impose upon the said person a fine not exceeding N$5 000, or in default of payment, imprisonment for a term not exceeding 12 months, or both the fine and imprisonment.
No
Yes
Yes
A) Responsible Authority - Court and Tribunal
B) Imprisonment Term – Not exceeding 02 years
C) Monetary Fine – A fine not exceeding N$10 000
No
In such a case, the court may impose upon the said person a fine not exceeding N$5 000, or in default of payment, imprisonment for a term not exceeding 12 months, or both the fine and imprisonment.
No
Alternative dispute resolution procedures have not been effectively exhausted in Namibia. This is mostly due to the high costs involved, lack of expertise to facilitate processes, and the inexperience of trade union members and employers when it comes to dealing with these procedures.
No
No
N/A
N/A
N/A
Court proceedings
The absence of customs measures is a real limitation since it interferes in the enforcement of rights of legitimate proprietors.