Gazette 131: IP Tribunal Rules

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GOVERNMENT GAZETTE

OF THE

REPUBLIC OF NAMIBIA

N$19.20 WINDHOEK - 29 April 2022 No. 7799

CONTENTS

Page

GOVERNMENT NOTICE

No. 131 Industrial Property Tribunal Rules: Industrial Property Act, 2012 . ....................................................... 1

________________

Government Notice

MINISTRY OF INDUSTRIALISATION AND TRADE

No. 131 2022

INDUSTRIAL PROPERTY TRIBUNAL RULES:

INDUSTRIAL PROPERTY ACT, 2012

In terms of subsection (4) of section 227 of the Industrial Property Act, 2012 (Act No. 1 of 2012),

I publish the rules made by the Rules Board under subsection (2) of that Act, as set out in the

Schedule.

P. T. DAMASEB

CHAIRPERSON

INDUSTRIAL PROPERTY TRIBUNAL RULES BOARD Windhoek, 14 April 2022

2 Government Gazette 29 April 2022 7799

SCHEDULE

ARRANGEMENT OF RULES

PART 1

PRELIMINARY

1. Definitions

2. Tribunal fees

3. Tariff of fees

4. Taxations of costs

5. Signing and filing of documents

6. Service of process

PART 2

APPEAL PROCEEDINGS

7. Notice of appeal

8. Time limit for noting appeals

9. Service of notice of appeal

10. Opposition to appeal

11. Parties

PART 3

REVOCATION PROCEEDINGS

12. Information under section 221 of Act

PART 4

PROCEEDINGS RELATING TO INFRINGEMENT

13. Infringement proceedings under Act

PART 5

GENERAL RULES APPLICABLE TO ALL PROCEEDINGS

14. Frivolous or vexatious proceedings

15. Proceedings other than proceedings concerning appeals and infringement

16. Security for costs

17. Hearing in proceedings

18. Summoning of witnesses

19. Withdrawal

20. Extension of time

21. Affidavits

22. Directions with respect to procedure

PART 6

MISCELLANEOUS AND GENERAL

23. Costs

24. Referral under section 221(1) of Act

25. Record of proceedings

26. Request for documents

27. Application of High Court Rules

28. Forms

7799 Government Gazette 29 April 2022 3

PART 1

PRELIMINARY

Definitions

1. In these rules a word or an expression to which a meaning has been assigned in

the Act has that meaning and unless the context otherwise indicates -

“Act” means the Industrial Property Act, 2012 (Act No. 1 of 2012);

“appellant” means a person who notes an appeal;

“applicant’ means a person who files an application or a request;

“chairperson” means the chairperson of the Industrial Property Tribunal;

“document” includes a handwritten or typed document, a computer print-out, a statement,

counter-statement, an affidavit, a photograph, film, recording of sound, plan, record of a permanent

or semi-permanent character and information recorded or stored electronically or by means of any

other device;

“evidence” in an application or a request means facts deposed to in an affidavit, and includes

evidence given orally;

“file” means to file with the Secretary;

“High Court Rules” means the Rules of the High Court of Namibia, published under Government

Notice No. 4 of 17 January 2014;

“notice” means notice in writing;

“process” means any application, notice of appeal, notice to oppose an appeal, affidavit or other

statement or counter-statement or document required to be filed or served;

“Regulations” means the Industrial Property Regulations made under section 236 of the Act

published under Government Notice No. 114 of 1 June 2018;

“respondent” means a person who opposes an appeal, an application or a request or who files a

counter-statement, and includes a person against whom any relief is sought; and

“Secretary” means the Secretary of the Tribunal.

Tribunal fees

2. The fees payable in respect of proceedings in the Tribunal are as set out in rule 122

of the High Court Rules.

Tariff of fees

3. The fees chargeable for services rendered in matters before the Tribunal are as set

out in rules 124 and 125 of the High Court Rules.

4 Government Gazette 29 April 2022 7799

Taxation of costs

4. (1) The provisions of -

(a) rule 75 relating to the review of taxation and recovery of costs; and

(b) rule 125 relating to the taxation of bills of costs,

of the High Court Rules apply with the necessary modifications required by the context to the taxation

of costs, the review of taxation and the recovery of costs in matters before the Tribunal.

(2) In an application relating to the review of taxation, recovery of costs and taxation

of bills of costs, any reference in those provisions to the taxing master and to a judge must be

construed as a reference to the Secretary and the chairperson of the Tribunal, respectively.

Signing of forms and filing of process

5. (1) Every process which is to be filed must be signed by the party or his or her

agent.

(2) If a form is required to be signed on behalf of a partnership -

(a) unless it is signed by an agent, the form must be signed by one of the partners or

by a person who satisfies the Tribunal that he or she is authorised in writing by the

partnership to sign on its behalf; and

(b) the form must set out the full names of all the partners.

(3) The office of the Secretary is open to the public from 09:00 to 16:30 except on a

Saturday, Sunday or a day specified as a public holiday or a day declared to be a public holiday

under the Public Holidays Act, 1990 (Act No. 6 of 1990).

(4) Where process is required to be filed, at least three copies must be filed.

(5) Every process that is filed must be in the English language.

(6) Any process that is not in the English language must be accompanied by a sworn

translation of it into the English language by a sworn translator of the High Court.

Service of process

6. (1) A party or the Secretary requiring any process to be served under these

rules must serve the process itself or himself or herself or cause the process to be served by the

deputy sheriff of the High Court or by any person designated in writing by that party.

(2) Service of any process may be effected in one or other of the following manners,

namely -

(a) by handing a copy of the process to -

(i) the person to be served or his or her representative;

(ii) a person who appears to be at least 16 years old and in charge of the

person’s place of residence, business or employment at the time of service;

7799 Government Gazette 29 April 2022 5

(iii) subject to subparagraph (ii), a person identified in subrule (3);

(b) by leaving a copy of the process at -

(i) an address chosen by the person to receive service; or

(ii) any premises in accordance with subrule (4);

address specified in such agent’s notice of representation or to a person not less than

16 years of age and employed at the agent’s office;

(d) by faxing or emailing a copy of the process to the person’s fax number or email

address or a fax number or email address chosen by the person to receive service; or

(e) by sending a copy of the process by registered post to the last known address of the

party or an address chosen by the party to receive service in which case the process

is presumed, until the contrary is proved, to have been received by the person to

whom it was sent within 21 days after it was posted.

(3) Process may be also served -

(a) on a company or other body corporate, by handing a copy of the process to a

responsible employee of the company or body at its registered office or its principal

place of business in Namibia;

(b) on a partnership, firm, or an association, by handing a copy of the process to a

responsible employee or an official at the place of business of the partnership, firm

or association or, if it has no place of business, by serving a copy of the process on

a partner, or the chairperson or secretary of the managing director or chief executive

officer or other controlling person of the partnership, firm or association;

executive officer or any person acting on behalf of that person;

(d) on a statutory body, by handing a copy to the chief executive officer or similar officer

of that body, or any person acting on behalf of that person; and

(e) on the State, a minister, deputy minister or other official of the State in his or her

official capacity, by handing a copy to a responsible employee at the offices of the

Government Attorney, or the relevant ministry or organ of the State, respectively.

(4) Where at any premises contemplated in subrule (2) or (3), a person is not willing

to accept service, service may be effected by affixing a copy of the process to -

(a) the main door of the premises concerned; or

(b) if this is not accessible, a post-box or other place to which the public has access.

(5) The chairperson of the Tribunal may direct in writing that service be effected in a

manner other than that prescribed in this rule.

(6) A party must prove that process was served in terms of these rules by providing

the Secretary with a completed affidavit of service on Form 1, and -

6 Government Gazette 29 April 2022 7799

(a) with a copy of proof of mailing of the process by registered post to the other party,

if it was posted;

(b) with a copy of the telefax report or email indicating the successful transmission of

the process to the other party; or

(i) with a copy of a receipt signed by, or on behalf of, the other party clearly

indicating the name and designation of the recipient and the place, time and

date of service; or

(ii) with a statement confirming service signed by the person who served a copy

of the process to the person to be served or who left it at any premises.

(7) If proof of service in accordance with subrule (6) is provided, it is presumed, until

the contrary is proved, that the party on whom it was served has knowledge of the contents of the

process.

(8) The Tribunal may accept proof of service in a manner, other than that prescribed

in this rule, as sufficient.

(9) Service may not be effected -

(a) on a Sunday or public holiday; or

(b) before 07h00 or after 19h00 on any other day, unless the Secretary directs otherwise

in writing.

PART 2

APPEAL PROCEEDINGS

Notice of appeal

7. (1) A party who intends to appeal to the Tribunal against a decision made in

terms of section 57(13), 63(7), 68(2), 91(2), 130(2), 202(2) or 220(3)(a) of the Act, must file on

Form 2 a notice of appeal within 30 days after the date of such decision.

(2) The notice of appeal must set out clearly and concisely -

(a) the decision appealed against;

(b) whether the appeal is against the decision in whole or in part, and if in part only,

which part;

(d) the order or any other relief sought.

Time limit for noting appeals

8. The time limit referred to in rule 7(1) does not apply to an appeal in respect of

which the Act provides a time limit for the noting of such appeal.

7799 Government Gazette 29 April 2022 7

Service of notice of appeal

9. Every notice of appeal must be served on all other parties in terms of rule 6.

Opposition to appeal

10. (1) A party on whom a notice of appeal is served and who wishes to oppose

the appeal must within 30 days after the notice of appeal is served on him or her file a notice of

statement to oppose the appeal on Form 3 containing the grounds on which he or she opposes the

appeal together with any documents.

(2) A copy of the statement and the evidence must be served on the appellant and all

other parties in terms of rule 6.

Parties

11. (1) If a decision made in any proceedings is appealed against, each person

who is a party to the proceedings is a party to the appeal.

(2) The Registrar is the party to an appeal against a decision of the Minister or the

Registrar, other than an appeal noted in terms of the Regulations and, in any case, the Minister may

not be cited as a party to the matter.

(3) The Tribunal may at any time on notice on Form 4 to all parties, or on application

by a party on notice to all other parties, make an order joining a person in the proceedings and

give such directions including the manner of service of process on the person joined as it considers

necessary.

(4) An order to join may only be made where the party to be joined has a substantial

interest in the matter before the Tribunal.

(5) The Tribunal may likewise on notice on Form 4 to all parties or on application by

any party on notice to all other parties, order that any party who does not have a substantial interest

in the dispute be dismissed from the proceedings.

PART 3

REVOCATION PROCEEDINGS

Information under section 221 of Act

12. The Secretary must inform the Registrar and all interested parties to the matter

about -

(a) any matter referred to the Tribunal in terms of section 221(1) of the Act;

and

(b) the time and date which the Tribunal has set down to hear the Registrar

and the parties in terms of section 221(2) of the Act.

8 Government Gazette 29 April 2022 7799

PART 4

PROCEEDINGS RELATING TO INFRINGEMENT

Infringement proceedings under Act

13. (1) Subject to sections 70, 124 and 152 of the Act any interested person, in this

Part called applicant, may bring an application on Form 5 in respect of an infringement supported

by such affidavits if necessary.

(2) A copy of the application and the accompanying affidavits must be served in terms

of rule 6 on every respondent against whom relief is sought.

(3) If a respondent to whom the notice is served wishes to oppose the application or to

oppose the application and institute a counter-claim, he or she must -

(a) within 21 days after the notice is served on him or her file a notice to oppose the

application on Form 6 and in that notice state the grounds on which he or she

opposes the application on affidavit; and

(b) file simultaneously an affidavit, if there is a counter-claim, as to the facts on which

he or she relies to support his or her counter-claim.

(4) A copy of the notice to oppose and the accompanying affidavit, if any, must be

served in terms of rule 6 on the applicant.

(5) The respondent must file an answering affidavit within 14 days after service of the

applicant’s founding affidavit on him or her.

(6) An applicant served with an answering affidavit, must within seven days after

receiving the answering affidavit, file a replying affidavit, if any.

(7) A replying affidavit must be served on the respondent in terms of rule 6.

(8) No further affidavits may be filed without the leave of the Tribunal.

PART 5

GENERAL RULES APPLICABLE TO ALL PROCEEDINGS

Frivolous or vexatious proceedings

14. The Tribunal may dismiss the appeal, application or request without a hearing if -

(a) the notice of appeal, application or request discloses no reasonable grounds; and

(b) it appears to the Tribunal that the appeal, application or request is frivolous or

vexatious.

Proceedings other than proceedings concerning appeals and infringement

15. (1) This rule applies to proceedings before the Tribunal, other than proceedings

relating to appeals and infringement.

(2) An applicant, who wishes to bring proceedings under the Act, the Regulations

or these rules must institute such proceedings by the filing of a notice of application on Form 7

supported by an affidavit stating the facts on which the applicant relies for relief.

7799 Government Gazette 29 April 2022 9

(3) A person who receives the notice of application and wishes to oppose the application

must, as the respondent, file and serve a notice to oppose in accordance with rule 13(3), (4) and (5).

(4) An applicant must comply with the procedure of filing and serving a replying

affidavit in accordance with rule 13(6) and (7).

(5) No further affidavits may be filed without the leave of the Tribunal.

Security for costs

16. (1) The Tribunal may order an applicant or appellant to give security for costs

in terms of rule 59 of the High Court Rules.

(2) A party may apply for an order under subrule (1) by filing a notice of application.

(3) A copy of the notice of application must be served in terms of rule 6 on the

respondent.

(4) The Tribunal may order that security be given and may specify the amount of

security and how and when it must be given.

(5) A party who is ordered to give security may apply for an extension of the time

within which the security is to be given.

(6) If the Tribunal has ordered a party to give security the proceedings must be stayed

until the security is given and if the security is not given within the time specified the Tribunal may

dismiss the proceedings.

Hearing in proceedings

17. (1) The Secretary, with the concurrence of the chairperson, determines the

time and place of a hearing in every proceeding.

(2) The Secretary must give the parties at least 14 days’ notice of a hearing.

(3) The chairperson may allow less than 14 days’ notice to be given under subrule (2).

(4) Every hearing must be held in Windhoek unless the Tribunal directs otherwise in

terms of subrule (5).

(5) The Tribunal may, on the application of a party and after giving the other parties an

opportunity to be heard, direct that a hearing be held at a place other than Windhoek.

(6) An application for directions under subrule (5) must be filed not less than 14 days

before the set down hearing date.

(7) In giving directions under subrule (5), the Tribunal may give such other directions

with respect to the notice and costs as it considers necessary.

(8) A hearing may be adjourned by the Tribunal on such terms as the Tribunal considers

fair and just.

(9) The Tribunal may allow a witness to lead oral evidence in which case it must allow

the cross-examination of the witness.

10 Government Gazette 29 April 2022 7799

(10) A party or a witness who has filed an affidavit may be cross-examined on his or her

affidavit.

(11) The Tribunal may, on such terms as it may specify, allow a document to be amended

or a procedural irregularity to be rectified on good cause shown.

(12) The Tribunal may, on such terms as it may specify, dispense with or modify any

requirement pertaining to these rules including a requirement to discover a document.

(13) The Tribunal may require a party to pay all or part of the costs of another party and

specify how the costs are to be determined and paid.

Summoning of witnesses

18. (1) Where the Tribunal has directed that oral evidence be heard before it

determines any matter, a party to the matter may request the Secretary to summon witnesses to give

evidence or to produce any document, record, books of accounts or other exhibit relevant to any

issue relating to the matter.

(2) Where a witness is to be summoned, the summons must be on Form 8 and served in

terms of rule 6 on such witness.

(3) Section 26 of the High Court Act, 1990 (Act No. 16 of 1990) relating to the

modes of procuring the attendance of witnesses and the penalty for non-attendance and section 27

relating to the manner in which recalcitrant witnesses may be dealt with apply with necessary

modifications required by the context to a witness summoned under this rule as if such witness

has been subpoenaed in a civil action before the High Court.

(4) A witness who testifies before the Tribunal is entitled to an allowance for food,

accommodation and other incidental expenses as the Tribunal may direct.

(5) The allowances of a witness are paid by the party who summoned the witness and

by both parties in equal shares, if the Tribunal summoned the witness.

(6) If a person is a witness in more than one proceeding in the same place and on the

same day -

(a) that person is entitled to one set of allowance payable to a witness in a single

proceeding; and

(b) the amount of the allowance is paid in equal shares by the parties who summoned

the witness.

(7) Despite subrules (2) and (3), the Tribunal may in making an order as to costs order

only one party to pay the allowances of a witness, if it considers it fair and just to make such order.

Withdrawal

19. (1) An appellant or applicant may, at any time before a decision on the matter

is made, withdraw the appeal, application or request by delivering a notice of withdrawal on Form 9.

(2) A party may apply to the Tribunal to order costs to be paid by the appellant or

applicant who withdraws his or her appeal, application or request.

7799 Government Gazette 29 April 2022 11

Extension of time

20. (1) The Tribunal may, on an application made in terms of these rules and on

good cause shown, extend a time limit prescribed by these rules on such conditions as it may specify.

(2) An application for an extension of time may be made even though the time limit has

expired.

Affidavits

21. Every affidavit must -

(a) have a heading, indicating the matter or matters to which it relates;

(b) be divided into consecutively numbered paragraphs, each of which must, if possible,

be confined to a single subject-matter; and

Directions with respect to procedure

22. (1) The Tribunal may give directions with respect to the procedure to be

followed in any proceedings.

(2) The Tribunal may not give a direction that is inconsistent with any provision of the

Act or these rules.

PART 6

MISCELLANEOUS AND GENERAL

Costs

23. (1) A party seeking an award of costs, referred to in section 225 of the Act,

must make an application for such relief.

(2) The application must be accompanied by an affidavit as to the facts on which the

applicant relies for relief.

(3) A party on whom an application and affidavit are served, and who wishes to

oppose the application, must within 45 days after the application and affidavit are served on him

or her file and serve an answering affidavit setting out fully the grounds on which he or she opposes

the application.

Referral under section 221(1) of Act

24. (1) A referral of a matter by the Registrar to the Tribunal under section 221(1)

of the Act must be filed on Form 10.

(2) Every referral must be by a statement setting out the facts of the matter and the

directions sought.

(3) A party who intends to answer to the request for referral must within 45 days after

notice of the referral is served on him or her under section 221(1) of the Act file an answering

statement.

12 Government Gazette 29 April 2022 7799

(4) A copy of the answering statement must be served in terms of rule 6 on the

Registrar and all other parties.

Record of proceedings

25. (1) The Secretary must keep a record of proceedings of the Tribunal in the

manner that record of proceedings are kept in civil cases in the courts of law in Namibia.

(2) Parties to the proceedings are entitled to obtain copies of the record of proceedings

concerned on the payment of any administrative fee set out in Annexure 1.

(3) The rules regulating the accessibility of members of the public to record of

proceedings in civil cases in the courts of law in Namibia apply to record of proceedings of the

Tribunal with such qualifications and modifications as the Secretary may consider appropriate.

Request for documents

26. (1) A person who intends to obtain a copy of a document under the control and

custody of the Tribunal may request it from the Secretary.

(2) A person who is not a party to the proceeding but wants to obtain a copy of the

document in subrule (1) must pay any administrative fee set out in Annexure 1 of the Regulations

for each copy of the document requested.

Application of High Court Rules

27. Subject to the Act and these rules, where these rules do not make provision for

the procedure to be followed in any matter before the Tribunal, the High Court Rules apply to the

proceedings before the Tribunal with such qualifications, modifications and adaptations as the

Tribunal may consider necessary.

Forms

28. Any reference in these rules to a numbered form is a reference to the corresponding

form set out in Annexure 1, except that a substantially similar form may be used.

7799 Government Gazette 29 April 2022 13

ANNEXURE

FORM 1

(Rule 6(6))

AFFIDAVIT OF SERVICE

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Applicant/Appellant

and

Respondent

I, .................................................................................................................................................,

do hereby certify that on the ....................................................................................................... day of

............................................................ 20 ............... at ................................ (state time) I duly served

the following document(s) ..................................................................................................................

.............................................................................................................................................................

(describe the document(s) served) in the following manner:

(Complete (a), (b) or (c) as appropriate).

(a) By handing a copy to .............................................................................................................

(full name of the person served) * and he / she* refused to sign a copy;

(b) By sending a copy by registered post to ...............................................................................

..................................................................................................................................................

(full name of the person served)

at ..............................................................................................................................................

(state the postal address) and I annex hereto the certificate of posting;

(c) By sending a copy by telefacsmile/email to ….........................................................................

(full name of the person served)

at the following number ...........................................................................................................

(state telephone number and code) and I annex hereto the transmission confirmation slip

or copy of the email;

Dated at ........................................... this ................... day of ............................................. 20 ..............

...................................

Signature of deponent

14 Government Gazette 29 April 2022 7799

Before administering the prescribed oath/affirmation, I put the following questions to the deponent

and noted his/her reply in his/her presence:

(a) Do you know and understand the contents of this affidavit/solemn declaration?

Reply: . .....................................................................................................................................

(b) Do you have any objection to the taking of the oath?

Reply: . .....................................................................................................................................

Reply:. ......................................................................................................................................

This affidavit/solemn declaration was duly sworn to/affirmed before me and the deponent signed it

in my presence at ...................................... on the ............ day of ....................................... 20 .............

......................................

Commissioner of Oaths

Full name: ............................................................................................... DATE STAMP

Designation: ............................................................................................

Address: ..................................................................................................

.................................................................................................................

*Delete as applicable

NOTE:

State such other manner of service if so directed by the chairperson of the Tribunal;

Copy to: Applicant/Appellant/Respondent or his or her agent or other representative; and

Original to: Secretary with the original of the document(s) served attached.

7799 Government Gazette 29 April 2022 15

FORM 2

(Rule 7(1))

NOTICE OF APPEAL

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Appellant

and

Respondent

(To be completed by persons noting appeals)

TAKE NOTICE that .......................................................................................................... (hereinafter

called the appellant) intends to appeal to this Tribunal pursuant to section .......................................

..................................... of the Industrial Property Act, 2012 (state the section of the Act in terms of

which the appeal is noted) against the whole or that part of (delete as appropriate) the decision or

order of the Minister or Registrar made on or about the ...................... day of ......................................

20 .............. whereby it was decided that ..............................................................................................

...............................................................................................................................................................

................................................................................................ (state the decision or appealed against)

and the appellant will ask this Tribunal FOR AN ORDER:

...........................................................................................................................................................

(state the precise form of the order applied for)

AND FURTHER TAKE NOTICE that the grounds of this appeal are -

.............................................................................................................................................................

............................................................................................................................................................

(set out concisely and distinctly the grounds of appeal)

AND FURTHER TAKE NOTICE that the Secretary is hereby called upon to despatch to the parties,

within 21 days after service upon him or her of this notice, the record of the proceedings relating

to the above matter, the judgment, ruling or order together with such reasons for the Tribunal’s

decision.

AND FURTHER TAKE NOTICE that the appellant has appointed

...............................................................................................................................................................

(state the appellant’s address for service) at which he or she will accept notice and service of all

process in these proceedings.

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AND FURTHER TAKE NOTICE that if you wish to oppose this appeal you must -

(a) appoint an address in your notice to oppose at which you will accept notice and service of

all process in these proceedings;

(b) file to the Secretary of the Tribunal at ............... Windhoek a notice of statement to oppose

the appeal on Form 3 and to the appellant within 30 days after service on you of this notice

of appeal and that you are entitled to appear and be heard at the hearing of the appeal so long

as you have served the aforementioned notice of statement.

AND FURTHER TAKE NOTICE that after the expiry of the 30 days’ period allowed for the

delivery of a notice of statement to oppose the appellant proposes to apply to the Secretary, on five

days’ notice, to assign a date for the hearing of this appeal.

Dated at ........................................... this ................... day of ............................................. 20 ..............

..............................................

Appellant or his or her agent

(address)

To: (1) ..........................................

(address) Respondent

(2) ..........................................

The Secretary

7799 Government Gazette 29 April 2022 17

FORM 3

(Rule 10(1))

NOTICE OF STATEMENT TO OPPOSE APPEAL

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Appellant

and

Respondent

TAKE NOTICE that .............................................................................................................................

(hereinafter called the respondent) (if more than one respondent is cited state whether first, second,

etc. respondent [as the case may be]) wishes to oppose this appeal on the following grounds:

...............................................................................................................................................................

AND FURTHER TAKE NOTICE that the respondent has appointed

...............................................................................................................................................................

(state the respondent’s address for service) at which he or she will accept notice and service of all

process in these proceedings.

Dated at ........................................... this ................... day of ............................................. 20 ..............

.................................................

Respondent or his or her agent

(address)

To: (1) .......................................

(address) Appellant

(2) ..........................................

The Secretary

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FORM 4

(Rule 11(3) and (5))

NOTICE OF JOINDER

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Applicant

and

Respondent

TAKE NOTICE that you are called upon to show cause on the ............ day of .................................

20 ........... at ................... (time) why:

(1) * ..................................................................................................................................................

(state name(s) and address(es) of person(s) to be joined) / should not be joined as an

applicant/respondent in these proceedings.

(2) * ..................................................................................................................................................

(state name of applicant/respondent to be dismissed) / should not be dismissed from these

proceedings.

*(Complete as appropriate)

Dated at ........................................... this ................... day of ............................................. 20 ..............

..............................................

Secretary

To: (1) ..........................................

(address) Applicant

(2) ..........................................

(address) Respondent

7799 Government Gazette 29 April 2022 19

FORM 5

(Rule 13(1))

APPLICATION IN RESPECT OF AN INFRINGEMENT

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Applicant

and

Respondent

TAKE NOTICE that the above-named Applicant wishes to apply to the Tribunal on the -

.............. day of ............................................. 20 .............. at ..................... (time) for an order in the

following terms:

(a) ..................................................................................................................................................

(b) ..................................................................................................................................................

(c) ..................................................................................................................................................

(state the relief sought)

and that the accompanying affidavit of . ...............................................................................................

will be used in support of the application.

Dated at ........................................... this ................... day of ............................................. 20 ..............

..............................................

Applicant or his or her agent

(address)

To: (1) ..........................................

(address) Applicant

(2) ..........................................

The Secretary

20 Government Gazette 29 April 2022 7799

FORM 6

(Rule 13(3))

NOTICE TO OPPOSE APPLICATION IN RESPECT OF AN INFRINGEMENT

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Applicant

and

Respondent

TAKE NOTICE that .............................................................................................................................

(hereinafter called the respondent) (if more than one respondent is cited state whether first, second,

etc. respondent [as the case may be) wishes to oppose the aforementioned application on the

following grounds and to counter-claim (if any) ..................................................................................

...............................................................................................................................................................

FURTHER TAKE NOTICE that the accompanying affidavit of ....................................................

....................................................... will be used to support the counter-claim (Complete if there is a

counter-claim)

AND FURTHER TAKE NOTICE that the respondent has appointed

...............................................................................................................................................................

(state the respondent’s address for service) at which he or she will accept service of all process in

these proceedings.

Dated at ........................................... this ................... day of ............................................. 20 ..............

.................................................

Respondent or his or her agent

(address)

To: (1) ..........................................

(address) Applicant

(2) ..........................................

The Secretary

7799 Government Gazette 29 April 2022 21

FORM 7

(Rule 15(2))

NOTICE OF APPLICATION (GENERAL FORM)

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Applicant

and

Respondent

TAKE NOTICE that the above-named Applicant intends to apply to this Tribunal on the ..................

day of ............................................. 20 …........... at .................. (time) for an order in the following

terms:

...............................................................................................................................................................

(State the relief sought)

and that the accompanying affidavit of ...............................................................................................

will be used in support of the application.

Dated at ........................................... this ................... day of ............................................. 20 ..............

..............................................

Applicant or his or her agent

(address)

To: (1) ..........................................

(address) Applicant

(2) ..........................................

The Secretary

22 Government Gazette 29 April 2022 7799

FORM 8

(Rule 18(2))

REQUEST TO SUMMON WITNESSES

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Applicant

and

Respondent

To: The Secretary

WINDHOEK

(a) You are hereby requested to summon the following witnesses whose names appear

hereunder to appear before the above Tribunal on the ............. day of .................................

20 ............. at ..................................... am/pm to give oral evidence in the above-mentioned

matter on behalf of the applicant/respondent; (Delete as appropriate) and (if required)

(b) to produce the following:

(i) Documents: .................................................................................................................

.....................................................................................................................................

(ii) Records: ......................................................................................................................

.....................................................................................................................................

(iii) Books of account: .......................................................................................................

.....................................................................................................................................

(iv) Exhibits relevant to this case: .....................................................................................

.....................................................................................................................................

(A proper description of all items in b (i) - (iv) above must be given)

Dated at ........................................... this ................... day of ............................................. 20 ..............

..................................................................

Applicant/Respondent or his or her agent

7799 Government Gazette 29 April 2022 23

FORM 9

(Rule 19(1))

NOTICE OF WITHDRAWAL

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Applicant/Appellant

and

Respondent

The applicant/appellant withdraws the above-mentioned matter and consents to pay costs ordered

by the Tribunal and taxed.

Dated at ........................................... this ................... day of ............................................. 20 ..............

...............................................................

Applicant/Appellant or his or her agent

(address)

To: ..........................................

..........................................

and: ..........................................

The Secretary

24 Government Gazette 29 April 2022 7799

FORM 10

(Rule 24(1))

NOTICE OF REFERRAL BY REGISTRAR TO TRIBUNAL

IN THE INDUSTRIAL PROPERTY TRIBUNAL

Case No.:

In the matter between:

Applicant/Respondent

and

Respondent

TAKE NOTICE that in terms of section 221 (1) of the Act as it appears to me that the following issue

(s) involves a point of law or to be of unusual importance or complexity I wish to refer the issue (s)

to the Tribunal for its decision:

(a) ..............................................................................................................

(b) ..............................................................................................................

(State the issue(s))

FURTHER TAKE NOTICE that the parties and the Registrar are entitled to be heard by the Tribunal

before the Tribunal makes any decision.

AND FURTHER TAKE NOTICE that the Secretary must inform the parties and the Registrar about

the set down date for the hearing of the parties or their agents.

Dated at ........................................... this ................... day of ............................................. 20 ..............

............................................................

Registrar

To: The Secretary

And to: Applicant/Appellant

Respondent

________________