66 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 owner, the acquirer or any person claiming through him or her is entitled to deal with it in the same manner as if the article had been disposed of by the registered owners jointly. (5) Any joint registered owner may institute proceedings for infringement and must give notice thereof to every other joint registered owner, and any such other joint registered owner may intervene as co-plaintiff and recover any damages in respect of any damage he or she may have suffered as a result of the infringement. (6) If in any proceedings under subsection (5) damages are awarded to a plaintiff, damages must be awarded as if he or she were the sole registered owner, and the defendant is not obliged to compensate any other joint registered owner in respect of the infringement in question. (7) Where any dispute arises between joint registered owners as to their respective rights in or to the registered design, the institution of proceedings relating to the registered design or the manner in which they should deal with the registered design, any joint registered owner may apply to the Tribunal to decide the matter in dispute. (8) If in considering any application under subsection (7) the Tribunal is satisfied that a joint registered owner is unable or unwilling to remain a registered owner, the Tribunal may order him or her to assign his or her rights to any other joint registered owner able and willing so to remain, provided that where it appears to the Tribunal to be just and equitable, it may order the payment of compensation to the joint registered owner who is so ordered to assign his or her rights. (9) In considering any application under subsection (7) the Tribunal must, unless it appears to it that there are good reasons to the contrary, resolve the dispute in a manner which will lead to the preservation and exploitation of the registered design. PART 8 VOLUNTARY LICENCES Voluntary licence 116. (1) The owner of an application for a design registration or a design registration may enter into a licence contract with one or more other persons to authorise such person or persons to exploit the design covered by the registration or the application in Namibia (herein referred to as a “voluntary licence”). (2) A voluntary licence contract concerning an application for a design registration or a design registration 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

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