Intellectual Property in Namibia
Smit & Van Wyk deals exclusively with Namibia Intellectual Property including patents, designs, trademarks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.
Namibia Patents may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. Namibia Patents have a duration of 20 years from the date of filing or the PCT International filing date, with no possible extensions.
Namibia is a signatory of the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty ensures that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. A PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states.
Namibia Trademarks may be filed through the Business and Intellectual Property Authority (BIPA) of Namibia, or the ARIPO union where the applicant may file a single application designating the specific contracting states of ARIPO. Namibia trademarks are valid for 10 years from the filing date and are renewable every 10 years thereafter.
Generally speaking, a trade mark is a name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination thereof that is used to distinguish goods or services from those of competitors and others in the marketplace.
The most current edition of the Nice Classification of Goods and Services is followed.
Namibia designs have a duration of 15 years from date of filing. Annual renewal fees are payable from the first anniversary of the filing date. Namibia is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trademarks and designs