No. 4907 Act No. 1, 2012 (b) Government Gazette 23 March 2012 101 INDUSTRIAL PROPERTY ACT, 2012 a person who is domiciled in, or has a real and effective industrial or commercial establishment in, a convention country, whether or not such person carries on business, or has any goodwill, in Namibia. (2) In determining for the purposes of subsection (1) whether or not a trade mark is well-known in Namibia, due regard must be given to the knowledge of the trade mark in the relevant sector of the public of Namibia, including knowledge which has been obtained as a result of the promotion of the trade mark. (3) A reference in this Act to the owner of such a mark must be construed in accordance with subsection (1). (4) The owner of a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark, even though it is not registered in Namibia, is entitled to restrain the use in Namibia of a trade mark which constitutes, or the essential part of which constitutes, a reproduction, imitation or translation of the well-known trade mark in relation to goods or services which are identical or similar to the goods or services in respect of which the trade mark is well known and where the use is likely to cause deception or confusion. (5) The provisions of subsection (4) apply only from a date prior to the commencement of this Act or to the date on which the well-known trade mark became entitled, in Namibia, to protection under the Paris Convention, whichever date was later. (6) Where authorisation of the competent authority of a convention country or an international organisation is required for the registration of a mark as a trade mark, such authority or organisation is entitled to restrain the use in Namibia of such a mark without such authorisation. National emblems and emblems of international organisations 197. (1) The following marks may not be registered as trade marks or, if registered, are liable to be removed from the register (a) a mark which consists of or contains the national flag of Namibia or a convention country, or an imitation from a heraldic point of view, without the authorisation of the competent authority of Namibia or convention country, as the case may be, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorisation; (b) a mark which consists of or contains the armorial bearings or any other state emblem of Namibia or a convention country, or an imitation from a heraldic point of view, without the authorisation of the competent authority of Namibia or convention country, as the case may be; (c) a mark which consists of or contains an official sign or hallmark adopted by Namibia or a convention country, or an imitation from a heraldic point of view, and which indicates control and warranty, in relation to goods