Annual Business and Financial Plan 2021-2022

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bipa

Compiled: December 2020

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Company's General Information Summary

Registered name of the public entity: Business and Intellectual Property Authority

Registration Number/ Mandate:

Registered office address:

Postal Address:

Contact telephone numbers:

Enquiries:

Website address:

External Auditors Information:

Bankers Information:

Company Secretary:

(BIPA)

Business and Intellectual Protection Authority

Act, Act No. 8 of 2016

3 Ruhr Street, Northern Industrial Area

Windhoek, Namibia

P.0.Box 185, Windhoek

Tel: +264 61 299 4400

Fax: +264 61 401 061

Email: info@bipa.na

Auditor-General Namibia

c/o PwC Namibia

344 Independence Avenue, Windhoek

P O Box 1571, Windhoek, Namibia

Tel+264 61 284 1000, Fax: +264 61 284 1001

Bank Windhoek Limited

P.O Box 15, Windhoek, Namibia.

Head Office 119, Independence Avenue

Windhoek

c/o Ms. Maggie Likoro

Tell: +2642994508

Room 206, BIPA Head Office

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Table of Contents

1.

2.

2.1

2.2

2.3

2.4

2.5

2.6

3.

3.1

3.2

3.3

4.

4.2

5.

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

EXECUTIVE SUMMARY. ..........scccccscssccssssssescssscccssssssecssvessvecssssssssseesssassassssssssseseecesuveusavee 12

BACKGROUND TO BIPA uu... .ossccessessccssssssesssseccssesssssssscarssecssusssssecssssucsssvesssecsssescesecsneses 14

The Establishment Of BIPA..............scssssssssssssssesssssvessssvessssuteccesssevecsssessesasecssssavecsesueee 14

Ministry of Industrialisation and Trade as the Shareholder -........scccsccsscesscesssseceeee 15

Business and Intellectual Property Authority (BIPA): The Genesis .........-......0s.... 15

Governance Structures and the Board of Directors ...........cccccssssssssssssessecssssecscssecssee 16

Organisational Structure... cccscsssssesssesssesssecssesssessessusessecsasesssusssessasessessstssesceses 22

Key Business Risks ...0.........ccccsescsssssssssssessesessssssessucsssssussnssssusesssssasessasesssesvesseesecesees 24

THE COMPETITIVE LANDSCAPE ......0....cssssssscsssccossssssssssesessecsessvecssssesssteserecessesesavsesneees 25

PESTLE AmallySis ...........ccsccscccsccsesssessssessessseessesssssssssssssasesuessisersectsseseassssvesstssaessseseeveases 25

Pandemic influence on the environment ............0..:ccsccsssssssssssecssssesssscssssecsssecossessseees 26

SWOT Anal ysis.o.......ccccsssssecssssecssessnesssecssvessesssesssssssssscsusesssssssesssvestessaressersesessecseseeees 26

THE BIPA STRATEGY 2021/22 - 2025/26 ...csscccsccsssssssssssssssssseesssssussssessuseesssessssecssseee 27

BIPA’s Core Values «0.0... ccsscecssecsesssseessscssessesssscssusssvsssssussassarecssssssusesssessssssessstssseseneces 28

Strategic Key Indicators - Financial Year 2021 [2D ceccccscssseeceserersesessesessesesscsesessenes 29

IMPLEMENTATION OF THE BUSINESS AND FINANCIAL PLAN - FY 2021/22......... 32

Strategic Matrix 0.0.0... ccc sccssessessssecssesssecssesssssssecssssecssussatesstesecsscssessessanuensesseseeeees 32

Office of the CEO Business Plan ...........-.:csessssssesssssesssssssssssevssssssssesssssssessssessssssessseece 36

5.2.1 Records and Archiving Services .............0.cccccsscsssssesssseecssucssecesessssssecsssecescons 36

5.2.2 Bussiness Strategy... cccssesesssessessssessssessncsersusesecesecsessapessessesuscecsecenees 37

5.2.3 Internal Audit, Risk and Investigations ............0....cccscccescssessssssssessseecssser 37

5.2.4 Legal and Company Secretarial Services ........0...cccsceccscsssssessesssecsessseceseessee 37

Marketing, Corporate Communications and Client Management Services

Business Plan... ..cccccceccesccscsesssnseeeees

Operations Business Plan

5.4.1 Business Registrations Services Structure .....0...0...c.ccccsssssssssssecsecssesssessess 47

5.4.2 Intellectual Property Services Structure ......0...:.ccsccccscsescssssecssesssesssesesssee 52

Finance and Administrations Business Plan, including The Investment Plan and

Budget... eesssecsssssssssesssusesssesessssesssecssssesssessssssssscesssecssuessuseesussesssassssussestssestusesuesseeecseeees 57

5.5.1 Investment Plan 0... cccscscesesessssssssesseccseessesssssnsssssssusesssessussssusssecsesssecssessees 60

5.5.2 The Financial Projections ..0...........cccccccssssssesssssssessesssesssssessecsssecaressessscssessees 62

5.5.3 EffiCHENCY PALO... eecceessscssecssessseessessssssessusssusesussssssssuscesersssessvsrssseesees 63

Information Technology Business Plan.........c.cscccsccssssssscesecsssesssssessssessssessssssesesssecee 63

Human Capital Business Plan ......0.......scecscssessssssssessssssssveccssssssssscssssccsssccsssesssecessesssees 69

Risk Management Plan .0............ccsccssesssssecsssecssessssssssvecasecssssesssvecssssscassvssssssssvesavesesece 72

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Table of Figures

Figure 1: Reporting structure

Figure 2: Diversity of the Board of Directors ...

Figure 3: BIPA governance structure...........

Figure 4: BIPA’s Departmental structure

Figure 5: Namibia's Ease of Doing Business ranking and score .. 25

Figure 6: SWOT amalySis ..........s.scssesssesssseessessssseeseeeseeseesssesesssessesaee .27

Figure 7: BIPA Strategic intent... 28

Figure 8: BIPA’s core values....... .29

Figure 9: Strategic Initiatives for the implementation of this ISBP ...........

Figure 10: Office of the CEO, including Legal and COSEC departmental structure..

Figure 11: Marketing, Corporate Communications and Client Management Services

departmental structure ........eecseesssecsssecseessssecssvesssvessssesssssssssvessesssusecssssssssessssvssssesssssesssesssasssssees

Figure 12: Business Registrations Services departmental structure

Figure 13: Intellectual Property Services departmental structure

Figure 14: Finance and Administration departmental structure..

Figure 15: IT departmental structure

Figure 16: Human Capital departmental structure ......ccccsssssssescssecsssecesessssecssssssssssesssecsssessssecessess

List of Tables

Table 1: BIPA’s Board of Directors...

Table 2: Legislations regulating BIPA.

Table 3: BIPA’s Management structure.

Table 4: Corporate Strategy Matrix and KPIs..

Table 5: Office of the CEO strategic objectives and initiatives

Table 6: Marketing strategic objectives and initiatives ...

Table 7: BRS strategic objectives and initiatives........

Table 8: IPS strategic objectives and initiatives...

Table 9: Finance strategic objectives and initiatives .

Table 10: Estimated cost to implement strategic initiatives 61

Table 11: Financial Projections for FY22 .....c.cccscssessesseceseecnes -. 62

Table 12: IT strategic objectives and initiatives...... + 68

Table 13: HC strategic objectives and initiatives .........ceccccesssssssssssssessrsecseessussssesssssessessessseeseseesees 72

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List of Abbreviations

4IR

AFS

ARIPO

BIPA

BRS

CEO

ERP

EXCO

FDI

FY

GRN

ICT

IP

IPS

ISBP

IT

KPI

MIT

MoPE

NDPS

NamCode

PESTEL

PE

PEGA

SADC

SWOT

-WIPO

WTO

Fourth Industrial Revolution

Annual Financial Statement

African Regional Intellectual Property Organisation

Business and Intellectual Property Authority

Business Registration Services

Chief Executive Officer

Enterprise Resource Planning

Executive Committee

Foreign Direct Investment

Financial Year

Government of the Republic of Namibia

Information and Communication Technology

Intellectual Property

Intellectual Property Rights

Integrated Strategic Business Plan

Information Technology

Key Performance Indicator

Ministry of Industrialisation and Trade

Ministry of Public Enterprises

National Development Plan 5

Corporate Governance Code for Namibia

Political, Economic, Social, Technological, Environmental

and Legal

Public Enterprises

Public Enterprises Governance Act, 2019

Southern African Community Development

Strength, Weakness, Opportunities and Threats

World Intellectual Property Organisation

World Trade Organisation

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Minister’s Foreword b | Sy aes

und Jonusatior

I am privileged to submit the revised BIPA Integrated Strategic Business Plan for the

financial years 2021/2022 to 2025/2026. The Business and Intellectual Property

Authority became operational as a Public Enterprise (PE) with the promulgation of the

BIPA Act (Act No. 8 of 2016) on 16 January 2017.

Despite many challenges, BIPA managed to establish itself as a key player in the

advancement of Namibia’s economy. We recognise that the authority is pivotal in fulfilling

our country’s development goals, in line with Vision 2030, the National Development

Plans, ‘Growth at Home’ strategy and the Harambee Prosperity Plan. The Ministry of

Industrialization and Trade (MIT), through its agencies; is responsible for promoting

economic growth, formulating policies, ensuring an economic regulatory framework, and

advancing trade and investment. Within this context, BIPA plays a crucial role. As the

single most relevant institution for business and intellectual property registrations in

Namibia; the authority is tasked with creating a business environment that is conducive

to trade and investment, both local and international.

Since 2017, the authority has come a long way. At this point in time, BIPA has achieved

several successes, and | highlight only a few:

e The authority now offers several of its services on-line via the Nambiz-portal, which

was launched on 16 December 2021.

e The authority has managed to capture almost 40% of its physical files onto its system

as it works towards automation.

e BIPA is financially independent and received minimal grants from government.

¢ The institution is also busy revising numerous relevant acts, notably the Company’s

Act, the Closed Corporations Act, the Copyright and Neighbouring Rights Protection

Act and the Industrial Property Act. The aim of these revisions is to ensure that our

regulatory frameworks are modernised and aligned with accepted practices

worldwide.

As stated earlier, its successes came at a price. As BIPA clients will know, the establishing

of any business or entity; goes hand in hand with teething problems, frustrations,

obstacles and doubt. This was the case with BIPA too. Nor the clients, or the authority,

had an easy ride; but yet, here we are today with four years behind us and a business plan

for the upcoming five years.

This business plan is aligned with MIT’s ‘Growth at Home’ strategy, with the main goal of

easing the way Namibians do business. In 2020 the country ranked 104th out of 190 on

the Global Ease of Doing Business Index. At first glance, this appears like a dark, dismal

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cloud; however, there is also a silver lining - namely, Namibia’s enormous potential to

grow. We not only have the capacity to improve our competitiveness within the Southern

Africa Development Community (SADC), but Namibia can also make its mark in Africa,

and I daresay, the world.

For the next five years, the BIPA strategy will support this vision through four strategic

themes and 14 strategic objectives. The strategic themes are designed to move the

authority forward and put it on track to becoming an institution of excellence. Not only

will BIPA make concerted efforts to enhance its internal processes to the benefit of the

clients; the authority will also strengthen its corporate governance and risk management

processes. These are vital corner stones to ensure the transparent management of public

resources and safeguarding of stakeholders. Furthermore, the authority will also

concentrate its resources on becoming fully financially independent, enhancing

stakeholder confidence, and delivering operational excellence.

Itis with great excitement and high expectations that I officially present this document.

Crs

Lucia lipumbu, MP,

MINISTER: INDUSTRIALISATION AND TRADE

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For the years that I have been involved with the governance of BIPA, the authority has

grown from infancy into an established organisation. The transfer of systems and data

between the Ministry of Industrialization and Trade, and the newly established Business

and Intellectual Property Authority in 2017, came with numerous difficulties. However,

today I am happy to note that the authority has since then cemented its presence within

Namibia’s business landscape.

The role of BIPA in promoting the Namibian economy cannot be emphasised enough. As

the central point for the registration, administration and protection of businesses,

commercial and industrial property rights; the authority unequivocally contributes to

employment, wealth creation and economic growth. This is not only achieved through its

mandate to facilitate and promote the efficient registration of businesses, but also

through the enhancing of intellectual property rights in Namibia.

Through its business registration services, the authority serves as a conduit for economic

growth and development. Promoting a sound business landscape raises income, creates

job opportunity, reduces the wealth gap and expedites prosperity.

Furthermore, with the emergence of the knowledge economy, competitive advantage

will depend less on traditional factors of production, like land, natural resources and

labour, and increasingly more on the quality of talent, ideas and innovation. As a result,

companies are looking to intellectual property (IP) protection to gain an advantage in this

competitive global marketplace. Intellectual property is a legal vehicle for knowledge

transfer and protection. It rewards creativity and incentivizes innovations in various

forms, including technologies, know-how, creative expressions, designs and brands. IP

plays an essential role in innovation by capturing the economic value of innovation -

thereby encouraging investment in research and development, or R&D, as well as

encouraging investment in innovation.

A highlight of BIPA’s progress regarding its promotion of the use of intellectual property

in Namibia, is the establishment of innovation hubs through the signing of relevant

agreements with universities; as well as its launch of the country’s National Intellectual

Property Policy, in 2019. However, the Integrated Strategic Business Plan as presented

here for the next five years, will see marked endeavours towards founding BIPA’s

contribution towards a knowledge-based economy, integrating intellectual property into

the school curricula and the establishment of the IP Tribunal.

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In further support of small and medium enterprises (SMEs), and the encouragement of

entrepreneurship; the authority will make sincere efforts to increase its stakeholder

engagement, and to enhance its automation and online registration services.

Through this strategy, and with the guidance from the Ministry and the Board, BIPA

remains committed to towards improved customer service delivery.

BOARE c CHAIRPERSON

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-&_

BUSINESS AND INTEL

A Word from the Chief Executive Officer bipa paced LiL

Following a tumultuous 2020, it is with great pleasure that BIPA can now submit its

Integrated Strategic Business Plan for the next five years. This follows on its first strategic

plan, which was developed in 2017 with the inception of the authority.

Even though the Covid-19 pandemic exposed several weaknesses in BIPA’s business

operations, it also offered the authority the opportunity to enhance its systems and client

service. Therefore, when the Board and Management of BIPA developed this strategic

plan in December 2020, we took cognisance of all the challenges that the authority

experienced these past months. Our strategy is not only customised towards that of

Namibia’s industrial and trade policies, but also addresses the key challenges that our

clients are currently experiencing,

The golden thread running through our four strategic themes is BIPA’s vision to be the

catalyst of economic growth for a transformed business landscape and an innovative

nation. This supports the efforts of the Ministry of Industrialisation and Trade to develop

Namibia’s economy towards an efficient and competitive level. With this strategy, BIPA

aims to develop the authority’s ICT infrastructure, systems and databases to ensure the

organisation is a trusted source of information in attracting reputable collaboration

partners to achieve its goal of an online one-stop shop for government integrated

services.

Although BIPA has been operating without significant grants by the Ministry, the revenue

we generated barely covered our operational expenses. Going forward, a key strategic

goal is for BIPA to become financially independent. We aim to do this by growing our

revenue annually with 10%, maintaining annual liquidity ratio standards, growing our

assets and controlling expenses. Achieving this objective will enable BIPA to improve its

internal processes and governance to the benefit of the authority's stakeholders, which is

another strategic theme. We believe this will be possible if we enhance our process

optimisation and ensure a reputable business and IP environment. The essence of this

theme lies in BIPA’s human capital; therefore BIPA will improve its employee

engagement, streamline its organisational structure and enhance the organisational

culture. Furthermore, we will concentrate our resources on the execution of a

comprehensive IT strategy that will serve our customers through excellence.

CIUAL

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At this stage, ] want to thank our clients and stakeholders who have undertaken this

journey with us. We recognise and appreciate your patience, feedback and support. I do

not promise that the journey of the next five years will be without difficulties, but I stick

to the African belief: to go fast, go alone; to go far, go together.

We are in this together.

CHIEF EXECUTIVE/OFFICER

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1. EXECUTIVE SUMMARY

The BIPA Board of Directors together with the Executives and Management convened a

strategic planning initiative to move BIPA from a point of a developing PE to one of an

established organisation. The initiative resulted into the development of this five-year

Integrated Strategic Business Plan (ISBP).

Most important in the strategic plan is the enhancement of implementation of the

Company and IP Law, which will contribute to the Ministry’s objectives to “develop and

to diversify the Namibian economy towards an efficient and competitive level”. The

efforts in this plan are directed to making it easy to do business in Namibia, with a focus

on business registration and IP protection. BIPA will embrace the Fourth Industrial

Revolution (41R), seeing the technology advancement as an opportunity to improve our

customers’ experience and to make interactions as seamless as possible. BIPA will ensure

the understanding of the business environment by its customers, use relentless

innovations as the adopted strategy and collaborate with stakeholders to offer integrated

services.

The strategic plan is igniting the need to digitalise BIPA’s business processes to ensure

ease and speed of transacting. The aim is to enhance our online system, ensuring that

BIPA services are available and accessible globally 24/7. BIPA will develop our ICT

infrastructure, systems and databases to ensure the organisation is a trusted source of

information in attracting reputable collaboration partners to achieve its goal of an online

one-stop shop for government integrated services.

The COVID-19 pandemic affected businesses globally, as well as locally, thus affecting and

negatively impacting BIPA and its customers. To ensure sustainability and readiness to

face challenges brought by similar threats, BIPA crafted objectives that aim to address

these whilst delivering on BIPA’s core mandate.