No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 69 INDUSTRIAL PROPERTY ACT, 2012 (3) Subject to subsection (4), the Tribunal must invalidate the design registration if the person requesting the invalidation proves that – (a) the design is not a design as defined in section 92; (b) the requirements of section 93 or 94 are not complied with; (c) the registered owner of the design is not the creator as contemplated in section 95 or his or her successor in title; or (d) any ground exists on which the Registrar could have refused to register the design. (4) Despite subsection (1), if the Tribunal is satisfied that an amendment of the design registration will remove the ground of invalidity, it may uphold the design registration subject to such amendment and subject to such terms or conditions as it deems fit. (5) The final decision of the Tribunal must be notified to the Registrar who must record it and as soon as possible publish it in the bulletin. Effects of invalidation 122. An invalidated design registration must be regarded as null and void from the date of the grant of the certificate of registration of the design. PART 10 INFRINGEMENT Acts of infringement 123. (1) No person other than the owner of the design registration may exploit, in Namibia, a design registered in Namibia in regard to articles included in the class or classes in which the design is registered unless he or she has been authorised to do so by the owner of that design registration by way of licence, in writing and signed by the licensor. (2) The provisions of section 115 apply in respect of such licence. (3) For purposes of this section, the provisions of section 108 apply. Infringement proceedings 124. (1) The registered owner of a design has, in addition to any other rights, remedies or actions available to him or her, the right to institute legal proceedings against any person who infringes the design registration by performing, without the owner’s written contract, any of the acts referred to in section 107 for commercial purposes, or who performs acts which make it likely that infringement will occur. (2) Proceedings for infringement must be institute and prosecuted in the manner prescribed.