100 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (a) acts of such nature as to create confusion in any manner or by any means with the establishment, the goods, or the industrial or commercial activities of a competitor; (b) the making of false allegations in the course of trade of such nature as to discredit the establishment, the goods, or the industrial or commercial activities of a competitor; (c) the disclosure, acquisition or use in a manner contrary to honest commercial practices of secret information without the written consent of the person lawfully in control of that information; and (d) indications or allegations in the course of trade that are likely to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quality of the goods of a competitor. Indication of source and origin 195. (1) Any person who sells or distributes in Namibia any goods which were not made or produced in Namibia, and to which there is applied any name or mark being or purporting to be the name or mark of any manufacturer, producer or trader in Namibia or the name of any place or district in Namibia, commits an offence, unless there is added to that name or mark, in a conspicuous manner, the name of the country in which the goods were made or produced, with a statement that they were made or produced there. (2) Any person who sells or distributes in Namibia any goods which were not made or produced in Namibia, and to which there is applied any trade mark, mark or trade description in any official language of Namibia, commits an offence, unless there is added to that mark or description, in a conspicuous manner, the name of the country in which the goods were made or produced, with a statement that they were made or produced there. (3) A person who intentionally or recklessly contravenes or fails to comply with subsection (1) or (2) is liable to a fine not exceeding N$10 000 or to imprisonment for a period not exceeding 24 months or to both the fine and imprisonment. PART 12 INTERNATIONAL MATTERS Protection of well-known trade marks 196. (1) References in this Act to a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark are to a mark which is well known in Namibia as being the mark of – (a) a person who is a national of a convention country; or