No. 4907 Act No. 1, 2012 Government Gazette 23 March 2012 51 INDUSTRIAL PROPERTY ACT, 2012 Presumption of use of patented process 75. (1) Without derogating from the provisions of section 41(2) or section 69(1) a claim in respect of a patent for a process or an apparatus for producing any product must be construed as extending to such product when produced by the process or apparatus claimed. (2) If the invention for which a patent is granted is a process for obtaining a new product and if there is substantial likelihood that the identical product was made by the process and the owner of the patent has been unable through reasonable efforts to determine the process actually used, the identical product produced by a person other than the patent owner or a licensee under that patent is, unless the contrary is proved, deemed, in any proceedings, to have been obtained by that process. (3) In the adduction of proof to the contrary pursuant to subsection (2), the legitimate interests of the person other than the patent owner or a licensee in protecting their manufacturing and business secrets must be taken into account. (4) In considering whether any person has discharged the onus imposed upon him or her by this section, the Tribunal may not require such person to disclose any secret process used by him or her in producing the product concerned, if it appears to the Tribunal that it would be unreasonable to do so. PART 13 INTERNATIONAL APPLICATIONS UNDER THE PATENT CO-OPERATION TREATY AND OTHER INTERNATIONAL ARRANGEMENTS Application of Patent Co-operation Treaty and definitions 76. (1) The Patent Co-operation Treaty (hereafter “the Treaty”), the Regulations made thereunder and the Administrative Instructions made under those Regulations must be given the force of law in Namibia. (2) Any reference in this Part to the Treaty includes reference to the Regulations and Administrative Instructions made under those Regulations. (3) The Office must process international applications in accordance with the provisions of this Act, the Treaty, and the Regulations made thereunder. (4) Where the provisions of this Act conflict with those of the Treaty, the provisions of the Treaty prevail. (5) For the purposes of this Part, “designate”, “designated office”, “elect”, “elected office”, “international application”, “international filing date”, “international preliminary examination” and “receiving office” and any other term or expression defined or used in this Part has the same meanings as in Article 2 of the Treaty.