Registered Designs

 Membership of International Conventions:

  • Paris Union (from 1 January 2004)
  • WIPO (from 23 December 1991)
  • ARIPO (from 23 April 2004)
  • Hague Agreement (from 30 June 2004)

Types of Designs available:

  • Industrial Designs

Novelty Requirements:

A design is new if it has not been disclosed to the public anywhere in the world by publication in any form, or by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration.

However, novelty will not be destroyed if the disclosure of the design to the public occurred not earlier than twelve months preceding the filing date or where applicable the priority date, and it was as a consequence of:

  • acts committed by the applicant or his predecessor in title; or
  • an abuse committed by a third party with regard to the applicant or his predecessor in title.

Registrability:

“Article” in relation to designs, means any article of manufacture, including an item of handcraft.

A “design” means any feature or combination of features of form or shape or configuration or any feature or combination of features of pattern or ornamentation, including any combination of lines or colours, applied to an article to give it an appearance having such features discernible by the eye, but does not include any features serving solely to obtain a functional or technical result.

Design protection may not be obtained for a design which is contrary to public order or morality.

A design for an article may not be registered where it is not intended to be multiplied for commercial purposes.

An application for the registration of a design may be in respect of two or more designs, provided that the designs relate to the same class of International Classification or to the same set of articles.

Filing Requirements:

  • Declaration and Power of Attorney (Form G2) (simply signed) (can be late filed within sixty days)
  • Drawings, photographs or other graphic representations of the article embodying the design (required on the day of filing)
  • A statement, in writing, indicating the kind of products for which the design is to be used
  • Certified copy of priority document, if priority claimed, with verified English translation (can be late filed within three months)
  • Assignment of Invention (can be late filed within sixty days)

Substantive Examination:

No

Duration and Renewal:

Design registration is valid for fifteen years from the filing date. Renewal fees fall due annually commencing on the first anniversary of the filing date. Renewal fees for designs registered prior to 1 August 2018 will fall due annually from the next anniversary of the filing date.

ARIPO design in which Namibia is designated:

Please see aripo

Printable Version

download