No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 89 INDUSTRIAL PROPERTY ACT, 2012 (b) to grant a licence or to assign the whole or any part of his interest in the trade mark registration; or (c) to take any steps or institute any proceedings relating to the trade mark. (3) Despite subsection (2), a joint trade mark owner may pay any renewal fee that is payable without recourse to any other trade mark owner, unless the Tribunal directs otherwise in proceedings in terms of subsection (7). (4) Where an article to which the registered trade mark has been applied is disposed of by a joint trade mark owner, the acquirer or any person claiming through him or her is entitled to deal with it in the same manner as if the article had been disposed of by the trade mark owners jointly. (5) Any joint trade mark owner may institute proceedings for infringement and must give notice thereof to every other joint trade mark owner, and any such other trade mark owner may intervene as co-plaintiff and recover any damages in respect of any damage he or she may have suffered as a result of the infringement. (6) If in any proceedings under subsection (5) damages are awarded to a plaintiff, damages must be awarded as if he or she were the sole trade mark owner, and the defendant is not obliged to compensate any other joint trade mark owner in respect of the infringement in question. (7) Where any dispute arises between joint trade mark owners as to their respective rights in or to a trade mark, the institution of proceedings relating to the trade mark or the manner in which they should deal with the trade mark, any joint trade mark owner may apply to the Tribunal to decide the matter in dispute. (8) If in considering any application under subsection (7) the Tribunal is satisfied that a joint trade mark owner is unable or unwilling to remain a trade owner, the Tribunal may order him or her to assign his or her rights to any other joint trade mark owner able and willing so to remain but, where it appears to the Tribunal to be just and equitable, it may order the payment of compensation to such joint trade mark owner who is so ordered to assign his or her rights. (9) In considering any application under subsection (7) the Tribunal must, unless it appears that there are good reasons to the contrary, resolve the dispute in a manner which will lead to the preservation and use of the trade mark. PART 7 VOLUNTARY LICENCES, REGISTERED USERS AND TRANSFERS Voluntary licences 165. (1) The owner of a trade mark application or a registered trade mark may enter into a contract with one or more other persons to authorise such person or persons to use the trade mark covered by the application or the registered trade mark in Namibia (herein referred to as a “voluntary licence”).