No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 47 INDUSTRIAL PROPERTY ACT, 2012 (a) that the owner of the patent is not the inventor or the successor in title of the inventor; (b) that the grant of the patent is in fraud of the rights of the person requesting the invalidation or the rights of any other person through whom such person claims; (c) that the grant of the patent was obtained on the strength of a false representation by the applicant which is material and which the applicant knew to be false at the time when the representation was made; (d) that the invention cannot be performed or does not lead to the results and advantages set out in the specification; (e) that any of the requirements of sections 12 to 18, 24, 25, 26, 27, 28(1) or 30 has not been complied with; or (f) that a corresponding patent granted in another country has been invalidated or revoked in that country on a ground which would also apply as a ground of invalidity against the patent in Namibia. (4) The final decision of the Tribunal must be notified to the Registrar who must record it and publish as soon as possible in the bulletin a reference thereto. Effects of invalidation 66. An invalidated patent, and any claim of an invalidated patent, must be regarded as non-exisitent from the date of the grant of the patent. Amendment of patent in invalidation proceedings 67. If the Tribunal, in the case of an application for the invalidation of a patent as contemplated in section 65, is satisfied that an amendment of the patent will remove the ground of invalidity, it may uphold the patent subject to such amendment and subject to such terms or conditions as it deems fit. Revocation of patent in public interest 68. (1) Where the Minister is of opinion that a patent or the mode in which it is exercised is inimical to the interests of the State or generally prejudicial to the public, and the Minister is satisfied that the prejudice cannot be remedied by way of a compulsory licence, the Minister may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Gazette and thereupon the patent is deemed to be revoked. (2) A party who is aggrieved by the decision of the Minister which is made under this section, may appeal against the decision to the Tribunal.

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