Namibia is a common law country. International agreements only become part of the domestic law in Namibia when such agreements are enacted into the national law by the Namibian legislature. This means that until the Namibian Trade Marks Act is amended to provide for the registration of International trade marks in Namibia, these registrations would not be enforceable in Namibia.
The following international agreements bear reference to Namibian Trade Mark Law.
Convention Establishing the World Intellectual Property Organization 1967, amended in1979 (WIPO Convention)
accession: 23 December 1991
(source: http://www.wipo.org/treaties/)
Namibia has NOT yet agreed to the following amendment:
* Amendment to Article 9(3) of the WIPO Convention, 2000
Berne Convention for the Protection of Literary and Artistic Works, 1971
Berne Convention (1886), completed at Paris (1896), revised at Berlin (1908), completed at Berne (1914), revised at Rome (1928), at Brussels (1948), at Stockholm (1967) and at Paris (1971)
accession by Namibia: 21 March 1990 effective date in respect of 1971 revisions (Paris): 24 December 1993
Declaration of Continuity of Berne Convention for Protection of Literary and Artistic Works
accession: 16 September 1993 (source: Ministry of Foreign Affairs)
Note: Certain provisions of Namibia’s Copyright and Neighbouring Rights Protection Act 6 of 1994 are made applicable to the countries of the Berne Copyright Union by GN 127/2001(GG 2562).
WIPO Copyright Treaty, 1996
signature: 20 December 1996
(source: http://www.wipo.org/treaties/ip/wct/)
WIPO Performances and Phonograms Treaty, 1996
signature: 20 December 1996
not yet ratified by Namibia as of 20 January 2005according to WIPO
(source: http://www.wipo.org/treaties/)
Madrid Agreement concerning the International Registration of Marks, 1891
accession: 31 March 2004
(source: http://www.wipo.org/treaties/ )
Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks, 1989
accession: 31 March 2004
(source: http://www.wipo.org/treaties/ )
Hague Agreement concerning the International Deposits of Industrial Designs of 1925, as
governed by the 1960 Act and the Geneva Act
accession: 31 March 20044
(source: http://www.wipo.org/treaties/ )
Paris Convention for the Protection of Industrial Property (Stockholm Act 1967)
accession: 31 March 2004
(source: http://www.wipo.org/treaties/)
Patent Cooperation Treaty, 1970
accession: 1 October 2003
(source: http://www.wipo.org/treaties/ )
Reservation: Namibia does not consider itself bound by Article 59 of the Treaty.
(source: Ministry of Foreign Affairs)
Harare Protocol on Patents and Industrial Designs within the Framework of the African
Regional Industrial Property Organization, 1982
accession approved by Parliament: 28 March 2003
(source: Ministry of Foreign Affairs)
Banjul Protocol on Marks within the Framework of the African Regional Industrial
Property Organization, 1993
accession approved by Parliament: 28 March 2003
(source: Ministry of Foreign Affairs)
(Source – NAMLEX) |
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