54 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 Failure to enter national phase 84. If the applicant fails to comply with the requirements of section 83 within the time limit or extended time limit referred to in that section, the designation of Namibia in the international application is considered withdrawn for the purposes of this Act. Processing international applications in accordance with Patent Co-operation Treaty 85. (1) The Minister may subject to subsection (2), prescribe provisions concerning the processing of international applications by, and other functions, of the Office under the Treaty, including fees payable, time limits and other requirements relating to international applications. (2) The provisions of section 234 apply to provisions prescribed in terms of this section and concerning the processing of an international application by the Office. PART 14 UTILITY MODEL CERTIFICATES Application of provisions relating to patents 86. (1) For the purposes of this Part – “utility model” means an invention with the exclusion of a process, a microbiological process and the products of a microbiological process; “utility model certificate” means the title granted to protect a utility model. (2) Subject to section 87, the provisions of this Chapter do apply, with the necessary changes, as if a utility model is an invention and a utility model certificate or an application therefore is a patent or an application therefor, as the case may be. Special provisions relating to utility model certificates 87. (1) A utility model qualifies for a utility model certificate if it is new and is industrially applicable. (2) Sections 13 and 15, insofar as they refer to an inventive step, do not apply in the case of a utility model for which a utility model certificate is requested. (3) Sections 36, 38 and 39 apply in the case of applications for utility model certificates except insofar as section 36 refers to sections 13 and 15, and insofar as section 38 refers to section 37. (4) Section 45 does not apply in the case of utility model certificates. (5) In the case of proceedings under section 65 in respect of a utility model certificate, the Tribunal may invalidate the utility model certificate on any of the following grounds –