62 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 PART 5 RIGHTS CONFERRED BY REGISTRATION OF INDUSTRIAL DESIGN Rights conferred by registration 107. The person registered as the owner of a design registration has, for the duration of the registration and subject to the provisions of this Act and to any rights appearing from the register of designs to be vested in any other person, the right to exclude all others from making, importing, using or disposing or offering to dispose of in Namibia any article included in the class or classes in which the design is registered and bearing or embodying the registered design or a design not substantially different from the registered design, when such acts are undertaken for commercial purposes. Limitations of rights 108. The rights of the owner of a registered design do not extend to – (a) acts in respect of articles which have been put on the market in Namibia by such owner, or with his or her written consent; (b) the use of articles on aircraft, land vehicles, or vessels of other countries which temporarily or accidentally enter the airspace, territory or waters of Namibia; (c) acts related to experimental use of the design or acts done on a noncommercial scale for scientific research; (d) use of the design for teaching purposes; or (e) acts that are done privately and on a non-commercial scale, or for a non-commercial purpose. ARIPO designs 109. (1) Where an application for the registration of an industrial design in ARIPO is filed with the Office as the receiving office, the Registrar must, without delay, transmit the application to the office of ARIPO, whereupon the application must be processed further in accordance with the provisions of the Harare Protocol. (2) If the office of ARIPO decides to register a design on an application and notifies the Registrar, the Registrar must – (a) examine the application in accordance with section 103; (b) if the Registrar finds that the requirements referred to in section 103 are not complied with, communicate in writing to the office of ARIPO within six months from the date on which the Registrar was notified, that if a design registration is granted by the office of ARIPO that design registration has no effect in Namibia;