No. 4907 Act No. 1, 2012 Government Gazette 23 March 2012 103 INDUSTRIAL PROPERTY ACT, 2012 “date of the designation of Namibia” means the date of an international application in which Namibia was designated or the date of a subsequent designation of Namibia, as the case may be; “Common Regulations” mean the Common Regulations of 1996 made under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Related to that Agreement; “date of international registration”, “date of subsequent designation”, “designation”, “holder”, “international application”, “International Bureau”, “international registration”, and “subsequent designation” have the same meaning as in the Madrid Protocol or in the Common Regulations, as the case may be; “Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks of 1891; and “Madrid Protocol” means the Protocol relating to the Madrid Agreement concerning the International Registration of Marks, adopted in Madrid on June 27, 1989 and the Regulations issued thereunder, as amended from time to time. Protection of mark containing designation of Namibia 199. (1) Where an international registration of a mark contains a designation of Namibia, the protection of the mark in Namibia is, subject to section 200, as from the date of the designation of Namibia the same as if the mark had been the subject of an application for registration filed under this Act. (2) The Registrar must deal with international applications or international registrations in accordance with the provisions of sections 200 and 201 and, in accordance with the Madrid Protocol and the Common Regulations issued thereunder. (3) If there is a conflict between the provisions of the Madrid Protocol or the Common Regulations issued thereunder and the provisions of this Act, the Madrid Protocol and the Common Regulations prevail. International registration containing designation of Namibia 200. (1) Where the Registrar is notified by the International Bureau that an international application or an international registration of a mark contains a designation of Namibia, the Registrar must proceed in accordance with section 145 as if the relevant mark is the subject of an application under this Act. (2) Where the Registrar finds that the requirements referred to in section 145 are not complied with or have only partly been complied with, the Registrar must notify the International Bureau that, to the extent that the said requirements are not complied with, protection of the mark in Namibia is refused. (3) After notice of refusal has been given to the International Bureau in terms of subsection (2), the holder of the international application or international registration may take such steps as are available to an applicant under this Act within