36 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (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 exploitation of the patent. PART 8 VOLUNTARY LICENCES Form and recordal of licence 51. (1) The owner of a patent application or a patent may enter into a contract with one or more other persons to authorise such person or persons to exploit the invention covered by the patent application or the patent in Namibia (herein referred to as a “voluntary licence”). (2) A voluntary licence contract concerning an application for a patent or a patent must be submitted to the Registrar in the prescribed manner and within the prescribed period. (3) The Registrar must – (a) record the grant of the licence in the appropriate register; (b) keep contents of the licence confidential; and (c) publish a reference to the grant of the licence in the bulletin. (4) is effected. A licence contract has no effect against third parties until such recordal (5) The recordal of a licence under subsection (2) may be cancelled on request to the Registrar in the prescribed manner, accompanied by proof that the licence has expired or has been terminated. Prohibited terms in licences 52. (1) Any condition in a contract relating to the sale of a patented invention or to a licence under a patent of which the effect will be – (a) to prohibit or restrict the purchaser or licensee from purchasing or using any product or process or class of products or processes, whether patented or not, supplied or owned by any person other than the seller or licensor or his or her nominee; (b) to prohibit or restrict the purchaser or licensee from using any product or process not protected by the patent; (c) to require the purchaser or licensee to acquire from the seller, licensor or his or her nominee any product or process or class of products or processes not protected by the patent;

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