30 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (3) Any person may, within the prescribed time and in the prescribed manner, oppose a request for amendment and any opposition to an amendment must be dealt with by the Registrar in the prescribed manner, and the Registrar must determine whether and on what conditions, if any, the amendment ought to be allowed. (4) If the Registrar is satisfied that the requirements of subsection (1) have been complied with, and if there is no opposition as provided for in subsection (3) or, if there is opposition, and the Registrar is satisfied that such opposition is without merit, he or she must make the requested changes in the description, claim or drawings of the patent. (5) If the Registrar is not satisfied that the requirements of subsection (1) have been complied with, or if there is opposition as provided for in subsection (3) and the Registrar is satisfied that the opposition has merit, he or she must refuse the amendment and refuse to make the requested changes in the description, claims or drawings of the patent. PART 5 RIGHTS AND OBLIGATIONS OF APPLICANT OR OWNER OF PATENT Rights of applicant or owner of patent 41. Subject to sections 43 and 47(6) and to the provisions of Part 9, the applicant or the owner of a patent in Namibia has the following rights: (a) the applicant has the right to be granted the patent, where the relevant provisions of this Act have been satisfied; (b) the owner has the right to exploit to the patent; (c) the owner has the right, within the limits specified in section 43, to exclude all other persons from exploiting in Namibia the patented invention without his or her authority (such unauthorised exploitation herein referred to as “infringement”), so that he or she has and enjoys the whole profit and advantage accruing by reason of the invention; and (d) the applicant or the owner has the right to assign, or transfer by succession the patent application or the patent and to conclude licence contracts for the exploitation of the patented invention in Namibia by other persons as provided for in Part 8. Obligations of applicant or owner of patent 42. The applicant or the owner of a patent has the following obligations: (a) the applicant must disclose the invention in a clear and complete manner and in particular to indicate the best mode for carrying out the invention, in accordance with the requirements of this Act; (b) the applicant must give information concerning corresponding foreign applications and grants, as required by section 30;

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