58 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 Naming of creator 96. Where the applicant is not the creator of the design – (a) he or she must, if the Registrar calls therefore, furnish the Registrar with a statement, in writing and in the prescribed manner, justifying the applicant’s right to the registration of the design; (b) the creator of the design need not be named in the application. Design created by employee or person commissioned 97. (1) When a design is created in the execution of a commission contract or in the course of an employment contract, the right to register that design belongs, in the absence of written contractual provisions to the contrary, to the person who commissioned the work or to the employer, as the case may be. (2) The provisions of section 21(2) to (7) relating to the legal relationship between an employee and an employer or a person who has commissioned work do apply as if the design is an invention and the design creator is an inventor. Judicial assignment of right to a design application or design registration 98. (1) Where a dispute arises between persons as to their rights to obtain a design registration, or as to the right to or title in a design registration, any such party may apply to the Tribunal to decide the matter in dispute. (2) If the Tribunal is satisfied that a person is unable or unwilling to exercise his or her right to file or to participate in an application for a design registration, the Tribunal may order that person to execute an assignment, in order that the application may be made without such participation, provided that where it appears to the Tribunal to be just and equitable, the Tribunal may order the payment of compensation to the non-participating person. (3) In any order declaring that a person has a right to the exclusion of any other person to apply for or to be the owner of a design registration, the Tribunal may direct that such other person must execute any deed of assignment that may be required and that such deed of assignment extends to countries outside Namibia. PART 3 APPLICATION PROCEDURE Who may apply for registration 99. (1) The owner of a design may, in the prescribed manner and on payment of the prescribed fee, apply for the registration of the design. (2) The owner of a design must be - (a) the creator of the design;