Namibia
Classification
The International Classification of Goods and Services (Nice Classification) is applied. Namibia follows a multi-class system.
Convention priority
Although the Act makes no express reference to the claiming of priority rights, Namibia has recently acceded to the Paris Convention. The Namibian Constitution contains a provision to the effect that international treaties to which Namibia has acceded will have legal effect, whether supported by local legislation or not. Therefore, it is expected that priority rights should be recognised.
Regarding the Paris Convention, an applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Malawi application is filed within six months of such earlier filing date.
Furthermore, no provision is made in the Act for the recognition of trade mark applications filed and registered in terms of the Banjul Protocol of ARIPO. Since Namibia has acceded to the Banjul Protocol, the validity of such registrations is uncertain.
Examination/procedure
Applications are examined as to formalities as well as on relative and substantive grounds. If the mark is found to be in compliance with the requirements, it is accepted, and the applicant must have it published in the Official Journal.
Opposition
Any interested person may, within 60 days from the date of publication, lodge a notice of opposition supported by a statement on the grounds on which the opponent objects to the registration of the trade mark application. Extensions of the opposition deadline for 3 calendar months are possible at the Registrar’s discretion upon formal request.
Duration and renewal
A trade mark registration under the 1973 Act endures for a period of 10 years, which period may be extended for further 10-year periods upon payment of renewal fees. In the case of trade marks registered under the previous (repealed) legislation, the validity period is 14 years, extendable by similar periods.
If the renewal fee is not paid within the prescribed period, the Registrar may cancel the registration. Provision is made for the restoration of such a cancelled registration.
Subject matter eligible for protection
The Act provides for the following works to be eligible for copyright protection:
- Literary works
- Musical works
- Artistic works
- Cinematograph films
- Sound recordings
- Broadcasts
- Programme-carrying signals
- Published editions
- Computer programs.
Literary works are further defined to include:
- Novels, stories, poetic works
- Dramatic works, stage directions, film scenarios, broadcasting scripts
- Textbooks, treatises, essays, articles
- Encyclopaedias, dictionaries
- Letters, reports, memoranda
- Lectures, addresses and sermons
- Tables and compilations of data.
Artistic works are further defined to include:
- Paintings, sculpture, drawings, engravings, photographs
- Works of architecture
- Works of artistic craftsmanship.
Requirements for subsistence of copyright/Registration of copyright
No requirement for registration. Copyright is protected once the work in question meets subsistence requirements in Namibia. It is possible, but not necessary, to secure copyright registration through BIPA, should the copyright owner wish to obtain registered protection in Namibia in respect of copyright-protected works.
Duration of copyright
In the case of literary, musical and artistic works (except photographs) the copyright endures for the lifetime of the author plus 50 years. In the case of all other works, the duration is 50 years from the date on which the work was made or was made available to the public.

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