48 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 PART 12 INFRINGEMENT Acts of infringement 69. (1) Subject to sections 43, 47(6), 55, 56, 57, 62 and 63, the owner of a patent in Namibia has, as provided for in section 41, the right to exclude all other persons from exploiting in Namibia the patented invention without his or her authority. (2) Subject to sections 43, 47(6), 55, 56, 57, 62 and 63, exploitation of a patented invention by any person without the authority of the owner of the patent constitutes an infringement. (3) The owner of the patent has, in addition to the right granted under subsection (1), the right to prevent any person from procuring or inciting third parties to perform acts which would result in the infringement of the patent. Infringement proceedings 70. (1) Subject to section 62(3) concerning the right of a licensee of right to institute infringement proceedings after unsuccessfully requesting the owner of a patent to do so, proceedings for infringement of a patent may be instituted in the Tribunal by the owner of the patent. (2) A licensee under a voluntary licence may call upon the owner of the patent to institute proceedings in respect of an infringement of the patent, and if the patent owner refuses to do so, the licensee may institute such proceedings in his or her own name. (3) Proceedings for infringement must be instituted and prosecuted in the manner prescribed. (4) Before the owner institutes proceedings in terms of this section he or she must give notice in writing of his or her intention to do so to every licensee whose name is recorded in the register, and any such licensee is entitled to intervene in such proceedings and to recover any damages he or she may have suffered as a result of the infringement. (5) In any proceedings for infringement the defendant may counterclaim for the revocation of the patent and, by way of defence, rely upon any ground on which a patent may be revoked. Remedies 71. (1) Where a patent granted and recorded in terms of this Act has been infringed and the owner or a licensee has instituted proceedings as contemplated in section 62(3) or 70, the Tribunal may grant the owner or the licensee the following relief, namely – (a) an interdict;