Overview
Namibia protects trademarks, patents, and industrial designs primarily through its national legislation, under the supervision of the Business and Intellectual Property Authority (BIPA). As a member of the African Regional Intellectual Property Organization (ARIPO), Namibia offers applicants a choice between filing nationally or designating Namibia through relevant ARIPO protocols. This dual pathway provides flexibility for local and foreign applicants, enabling them to obtain coverage either solely in Namibia or across multiple ARIPO member states.
Namibia’s IP framework is broadly aligned with internationally recognized standards, ensuring that registrants have formal procedures for obtaining rights and legal mechanisms for enforcement. When infringements occur, rights holders can pursue remedies through established administrative and judicial channels.
International Conventions
Namibia is party to key global agreements that shape its IP environment, including:
Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty (PCT)
IP office
Trademark applications in Namibia are filed with BIPA. A single-class filing system applies, requiring one application per class of goods or services:
Applicants must submit a clear depiction of the trademark and pay prescribed fees.
A substantive examination assesses distinctiveness and checks conflicts with earlier registrations.
Registrations last for 10 years from the filing date, renewable for consecutive 10-year periods.
Applicants should provide accurate information about the owner (name, address) and specify the single class of goods or services.
Namibia’s membership in ARIPO under the Banjul Protocol allows trademark protection to be extended regionally through a single ARIPO filing if desired.
Once registered, trademark owners can pursue legal action in Namibia’s courts if unauthorized use of the mark arises.
Patents in Namibia are administered by BIPA. Inventors can file directly under Namibian law or leverage ARIPO protocols for broader coverage in designated member states. Patentable inventions must satisfy novelty, inventive step, and industrial applicability:
The patent term is 14 years from the filing date, subject to maintenance fees.
Applicants must submit a specification, claims, and any relevant technical documentation.
A substantive examination confirms patentability according to local requirements.
Namibia’s status as a contracting state of the Patent Cooperation Treaty (PCT) enables international applicants to enter the national phase with a single international application.
Once granted, patents can be enforced in Namibian courts, providing exclusive rights against unauthorized manufacture, use, or sale.
Industrial design protection in Namibia covers the ornamental or aesthetic features of products. Applications are filed with BIPA or, optionally, through ARIPO if regional coverage is desired:
Applicants must file representations of the design and pay the required fees.
The design is generally protected for five years from the filing date, renewable every 5 years for a total of 25 years.
Applicants should furnish accurate details, including name and address, to facilitate valid registration.
Registered designs grant the holder the exclusive right to prevent third parties from producing or dealing in products that closely imitate the protected design within Namibia.
This information does not constitute legal advice; it is for informational purposes only.
