INTELLECTUAL PROPERTY RIGHTS IN NAMIBIA
First Renewal Term
Subsequent Renewal Term
Namibia is a member of the African Regional Industrial Property Organization (ARIPO) and a signatory to the Banjul Protocol.
A trademark application can be filed either directly through the Department of Trademark and Commerce of the Ministry of Trade and Industry of Namibia or ARIPO.
Namibia is also a member of the Madrid Protocol; thus, the extension of international registration of a trademark via the Madrid System is possible for the country and its applicants.
The country has a multi-class trademark filing system.
The 11th edition of Nice Classification is accepted by the trademark office.
The interested third parties may file opposition actions against a trademark application within two (02) months following the date on which the application is published in the IP Bulletin.
The registered trademarks have a validity of ten (10) years from the date of application in Namibia, which can be further renewed indefinitely for periods of ten (10) years.
Namibia is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and ARIPO.
The Industrial Property Act 1 of 2012, which has been enacted on 1st August 2018, deals with the mechanism of patent protection in Namibia.
Process Patent and Product Patent are the two types of patents that can be protected in Namibia.
In Namibia, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Namibia include Non-Convention Application, Convention Application, PCT National Phase Application, and Patent of Addition.
Utility Model Protection is not available under the patent law.
The time-period for the PCT National Phase Filing is thirty-one (31) months.
Opposition against a patent application can't be raised in Namibia.
The patent of invention lasts for twenty (20) years in Namibia.
The time frame for payment of Annuities before the due date is three (03) months.
Namibia is a member of the Paris Convention, ARIPO, and Hague Agreement.
The types of industrial design applications in Namibia include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in Namibia.
Opposition against an industrial design application can be raised within two (02) months from the publication of the industrial design in the official gazette.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is a grace period of six (06) months to renew an industrial design in Namibia.
Namibia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright and Neighbouring Rights Protection Act 6 of 1994 deals with the mechanism of copyright protection in Namibia.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.
For cinematograph films, photographs, and computer programs, the term of copyright protection lasts for fifty (50) years from publication or creation, if the work is unpublished. For posthumous works, the copyright protection term lasts for fifty (50) years from completion.