No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
89
INDUSTRIAL PROPERTY ACT, 2012
(b)
to grant a licence or to assign the whole or any part of his interest in the
trade mark registration; or
(c)
to take any steps or institute any proceedings relating to the trade
mark.
(3)
Despite subsection (2), a joint trade mark owner may pay any renewal
fee that is payable without recourse to any other trade mark owner, unless the Tribunal
directs otherwise in proceedings in terms of subsection (7).
(4)
Where an article to which the registered trade mark has been applied
is disposed of by a joint trade mark owner, the acquirer or any person claiming through
him or her is entitled to deal with it in the same manner as if the article had been
disposed of by the trade mark owners jointly.
(5)
Any joint trade mark owner may institute proceedings for infringement
and must give notice thereof to every other joint trade mark owner, and any such other
trade mark owner may intervene as co-plaintiff and recover any damages in respect of
any damage he or she may have suffered as a result of the infringement.
(6)
If in any proceedings under subsection (5) damages are awarded to a
plaintiff, damages must be awarded as if he or she were the sole trade mark owner, and
the defendant is not obliged to compensate any other joint trade mark owner in respect
of the infringement in question.
(7)
Where any dispute arises between joint trade mark owners as to their
respective rights in or to a trade mark, the institution of proceedings relating to the trade
mark or the manner in which they should deal with the trade mark, any joint trade mark
owner may apply to the Tribunal to decide the matter in dispute.
(8)
If in considering any application under subsection (7) the Tribunal is
satisfied that a joint trade mark owner is unable or unwilling to remain a trade owner, the
Tribunal may order him or her to assign his or her rights to any other joint trade mark
owner able and willing so to remain but, where it appears to the Tribunal to be just and
equitable, it may order the payment of compensation to such joint trade mark owner
who is so ordered to assign his or her rights.
(9)
In considering any application under subsection (7) the Tribunal must,
unless it appears that there are good reasons to the contrary, resolve the dispute in a
manner which will lead to the preservation and use of the trade mark.
PART 7
VOLUNTARY LICENCES, REGISTERED USERS AND TRANSFERS
Voluntary licences
165.
(1)
The owner of a trade mark application or a registered trade
mark may enter into a contract with one or more other persons to authorise such person
or persons to use the trade mark covered by the application or the registered trade mark
in Namibia (herein referred to as a “voluntary licence”).