Annual Report 2016-17

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BUSINESS AND INTELLECTUAL ise

}I a PROPERTY AUTHORITY

Protecting Entrepreneurship and Innovation

—_ an

Annual Report |

2016/17

Protecting Entrepreneurship and Innovation

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Registered number

bipa

The Business and Intellectual Property Authority was established as a jurisctic person under section 3 of the BIPA Act, 2016 (Act No.8 of 2016)

Registered office address

188 Sam Nujoma Drive

Komenco Haus

Windhoek

Postal Address

P.O. Box 185

Windhoek

Contact Number

+264 61 299 4400

Email Address

info@bipa.na

Website

www.bipa.na

Bankers’ information

Bank Windhoek

P.O Box 15

Windhoek

External Auditors’ information

Saunderson & Co

P.O Box 24305

Windhoek

Tax reference number

5540652-011

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Table of Contents

BOARD OF DIRECTORS’ REPORT 3

REVIEW BY THE CHIEF EXECUTIVE OFFICER 4

1 CORPORATE OVERVIEW 6

1.1 BIPA Mandate 7

1.2 Mission 7

1.3 Vision 7

1.4Values 7

1.5 Legislative and other mandates 10

2 BOARD OF DIRECTORS STRUCTURE 11

2.1 Powers 12

2.1.2 Role and Responsibilities 12

2.2 BIPA Board of Directors 13

2.3 BIPA Board Committees 14

2.3.1 Finance, Risk and Audit Committee (FRAC) 14

2.3.2 Human Resource and Remuneration Committee (HRRC) 14

2.3.3 Transformation Committee (TRANSCOM) 14

2.3.4 Ad Hoc Grievance Committee 14

3 EXECUTIVE MANAGEMENT 15

3.1 Office ofthe CEO 16

4 OPERATIONAL AND STRATEGIC OVERVIEW 17

4.1 HUMAN CAPITAL MANAGEMENT 18

4.1.1 Introduction 18

4.1.2 Workforce Profile and Employment Equity 18

4.1.3 Recruitment and Staff turnover 19

4.1.4 Performance Management 19

4.1.5 Capacity Development 19

4.1.6 Employee Relations and Wellness 19

4.1.7 Employment Cost 19

4.1.8 Approved Policies 19

4.2 BUSINESS REGISTRATION SERVICES 20

4.2.1 Introduction 20

4.2.2 Business registration legal framework 20

4.2.3 Business registration office activities 21

4.3 INTELLECTUAL PROPERTY SERVICES 22

4.3.1 Introduction 22

4.3.3 IP Office Key Achievements — FY 2016/17 22

4.3.4 IP office divisions report 23

4.3.4 Activities related to WIPO 24

4.4 FINANCE AND ADMINISTRATION 25

4.4.1 Introduction 25

4.4.2 Financial performance 25

4.4.3Income 25

4.4.4Earnings 26

5 ANNUAL FINANCIAL STATEMENTS 28

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"Teaders’

Reports

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BIPA Annual Report 2016/17

bipa

Board of

Directors’ Report

It is my pleasure to present the 2016/17

annual report and financial position of

the Business and Intellectual Property

Authority (BIPA). The period under review

has been abundant in terms of growth

for the authority, but also brought with

it some challenges and even greater

achievements.

One of the major achievements for the

institutions and the Board at large, was

the promulgation of the BIPA Bill into law.

The Business and Intellectual Property Act

2016, Act NO. 8 of 2016 was eventually

passed by parliament and came into force

on 16 January 2017. BIPA thus transitioned

from being a Section 21 Company, to a

fully-fledged State-Owned Enterprise.

It is with pleasure that | may again state

that, as a back-office department of the

ministry, BIPA has performed extremely

well in making strides towards increasing

new registrations of both businesses that

of intellectual property rights (IPR’s).

During the period under review, the

Authority incurred a deficit of N$8,169

million (surplus 2016-NS6,140 mil) due

to a significant decrease in Government

subsidy by 34.1%, and an increase in

operating expenditure, primarily on

employee costs. As part of the growing

pains and development of any new

entity, it was anticipated that BIPA would

continue, for the next 2-3 years need

additional funding to supplement existing

funding sources.

Although the BIPA Board and management

took proactive steps to prepare for the

instability in the current volatile economy,

tougher times were expected ahead,

especially in public and hybrid sectors.

We wish the incoming leadership of BIPA

to continue to fulfill and exceed BIPA’s

long-term goals, mainly in strengthening

BIPA’s management capacity in new and

updated systems for registration, but also

in ensuring a sustainable funding model

for the entity that could lessen the burden

on government subsidies.

To safeguard BIPA’s goals, BIPA will take

advantage of existing strategic and smart

partnerships with amongst others, the

World Intellectual Property Organisation

(WIPO) and the African Regional

Intellectual Property Organisation

(ARIPO).

It is evident that BIPA’s mandate comes

with many unique challenges and

responsibilities that require consistent and

bold action, prudent financial stewardship

and vested stakeholder commitments.

A strengthened governance structure is

therefore crucial for a growing institution

like BIPA.

BIPA continues to embrace its role

in contributing towards Namibia’s

development goals as per Vision 2030,

National Development Plan (NDP) 5 and

the Harambee Prosperity Plan (HPP).

BIPA recognizes that the industry and

public at large should play important

roles in creating an agency that is robust,

competitive and innovative to national

economic initiatives. That is why BIPA has

held national consultative roundtables

and workshops to solicit inputs in

the development of its policies and

implementation strategies.

With the BIPA Act having been

promulgated, the Board mandate came

to an end. We are proud to report

that we have successfully wound-up

BIPA as a Section 21 Company of the

Companies Act, 2004. On behalf of the

Board members | would like to thank

the appointing authority, Hon. Immanuel

Ngatjizeko (MP), for having accorded

us the opportunity to spear head and

facilitate the creation of BIPA. | also want

to extend the Board’s profound gratitude

to the BIPA executives and all BIPA

employees for their cooperation with the

Board during our tenure. | wish BIPA all

the best.

The Board of Directors

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Tileinge Andima

Chief Executive Officer

bipa

Review by the

Chief Executive

Officer

Two critical achievements characterized

the 2016/17 Financial Year for the Business

and Intellectual Property Authority (BIPA),

namely the enactment of the Business and

Intellectual Property Authority Act, 2016

(Act No. 8 of 2016) and entering into force

of the said enabling Act on 16 January 2017.

The BIPA Act is indeed a culmination of

Government's vision, to create a responsive

business and intellectual property authority,

and the intellectual and financial investments

of the Namibian people and that of our

development partners.

The BIPA Act with its instruments, establishes

amodern legal and regulatory institution with

the objective of transforming the landscape

of administration, promotion, protection,

registration of businesses and intellectual

property rights. The establishment of

BIPA thus, serves to promote access to

and participation of all Namibians in the

formal business landscape and economy;

promote commerce, trade and investment;

support _value-addition industrialization

and development; improve Namibia's

ease of doing business ranking; improve

competitiveness on the global landscape and

foster creativity and innovation.

In keeping with the BIPA Act, we successfully

migrated both Intellectual Property and

Business registration activities from the

Ministry of Industrialization, Trade and SME

Development (MITSMED) and Ministry of

Information and Communication Technology

(MICT), including the responsible personnel.

At BIPA, we consider human capital to be the

most valued asset in determining its success

and fulfilment of its strategic objectives.

To this end our focus remained directing

the corporate culture of BIPA towards

performance driven and developing an

employee value proposition.

We continue to appreciate the commitment

of government to make budgetary allocation

through MITSMED during the formation

phase of BIPA. It is expected that BIPA will

generate sufficient income from annual

duties/returns, business _ registrations,

registrations of trademarks & patents

and copyrights over the medium-term to

sustain its operationalization and improve

the efficiencies in order to render quality

services to the public.

Finally, | wish to acknowledge and celebrate

the immense support and guidance of the

BIPA Board and the contribution of each BIPA

staff towards the attainment of our strategic

objectives.

The next financial year will surely bring its

own mix of successes and challenges, but

our direction is clear and we know what

we must do. Our job is to continue to focus

intently on playing our role in contributing

to the long-term aspirations to transform

Namibia into a knowledge based society as

set out in Vision 2030.

| would like to thank the BIPA Board of

Directors for their unwavering commitment

and support towards the attainment of

BIPA’s strategic objectives and overall vision

and mission. | also wish to sincerely thank

the BIPA staff who continue to give their

time and expertise in carrying out their work

as diligently as they can.

Finally, | wish to express our appreciation

to our valued stakeholders who continue to

contribute so generously to the work of BIPA

and ensuring that our mandate is executed

successfully.

BIPA Annual Report 2016/17

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bipa

List Of

Acronyms &

Abbreviations

BIPA: Business and Intellectual Property Authority

ARIPO: African Regional Intellectual Property Organisation

BFS: Business Financial Solutions

CHF: Swiss Franc

CIRG: Companies and Intellectual Properties Commission

CRF: Corporate Registers Forum

ECRF: European Corporate Registers Forum

FRAC: Finance, Risk and Audit Committee

HPP: Harambee Prosperity Plan

HRRC: Human Resources and Remuneration Committee

IP: Intellectual Property

IPAS: industrial Property Automated System

IPR: Intellectual Property Rights

MICT: Ministry of Information and Communication Technology

MITSMED: Ministry of Industrial, Trade and SME Development

NS: Namibia Dollar

NASCAM: Namibian Society of Composers and Authors of Music

NDP: National Development Plan

PCT: Patent Cooperation Treaty

SADC: Southern African Development Community

USD United Sates Dollar

TRANSCOM: Transformational Committee

TISC: Technology and Innovation Support Centres

WIPO World Intellectual Property Organisation

BIPA Annual Report 2016/17

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"Corporate

Overview

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01 Corporate Overview

During the financial year under review, BIPA operated as a dual entity. BIPA was incorporated under the Companies Act, 2004 (Act No.28 of 2004)

as a Association Not for GainSection 21, limited by guarantee, until the date of deregistration on 30 August 2017. Upon deregistration of the

Section 21 as a legal entity, it transfered all its rights and liabilities including its staff to BIPA, a State Owned Enterprise (SOE), established in terms

of section 3 of the BIPA Act. 8 of 2016. The BIPA Act was promulgated in August 2016 and came into force on 16 January 2017.

1.1 BIPA Mandate

It is imperative to provide globally competitive, effective and efficient services in the administration and protection of business and of Intellectual

Property Rights (IPRs) in an effort to transform the business landscape and in so doing inspire innovation.

The objectives of both BIPA as a Section 21 and BIPA as an SOE were similar and are outlined below as per section 2 of the BIPA Act:

a. To foster economic growth and development in order to raise income and promote investment and employment and the

efficient protection and administration of business and intellectual property in Namibia;

b. To consolidate, in the manner herein provided, the various offices and officials involved in the registration and administration

of business and intellectual property;

c. To facilitate and promote the efficient and effective registration of business and intellectual property and to keep and

administer the registers with regard thereto;

d. To facilitate and promote the efficient and effective registration of business and intellectual property and to keep and

administer the registers with regard thereto;

. To promote the conduct and use of business and intellectual property in Namibia;

f. To facilitate, streamline, simplify, harmonize and expedite business and intellectual property procedures, registrations,

filings and searches;

g. Toenhance the efficient exchange and distribution of information.

1.2 Mission

To register, grants and protect business and intellectual property rights

1.3 Vision

To transform the business landscape and inspire innovation

1.4 Values

BIPA is driven to create common and shared principles and understanding through it corporate values, and in doing so, encourage active

participation of each staff member in not only understanding, but living these values through their behaviour and decision making.

e Accountability - We accept the responsibilities entrusted to us and shall be answerable for all our decisions and actions.

e Customer Oriented - We commit to provide customer centric superior service at all times.

e Teamwork - We believe there is strength in unity and therefore we shall support each other to achieve our

collective objectives.

e Integrity - We shall uphold the highest standards of ethical behaviour in the execution of our mandate.

e Innovation - We shall continuously seek innovative avenues to improve our service to our stakeholders.

The following themes remain of vital strategic importance over the next five years and create distinct focal clusters against which objectives can

be defined:

¢ _ Financial Sustainability - The assessment that BIPA will have sufficient funds to meet all its resource and financial obligations in order

to adequately fulfil its mandate as outlines within the Act.

° Stakeholder Relations — Creating positive relationships with the BIPA stakeholders through appropriate management of their

expectations and agreed objectives.

° Operational Excellence — Strive for an improved and consistent delivery service with minimum variation and minimum waste.

e Human Capital - the collective skills, knowledge, or other intangible assets of individuals that can be used to create economic value

BIPA Annual Report 2016/17

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Mission

To promote, register,

grant, protect and

regulate business and

intellectual property

rights

Vision

To create a transformec

business landscape and

an innovative nation

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Values

Customer Oriented

Accountability

Innovation

Teamwork

Integrity

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1.5 Legislative and other mandates

As per its mandate, BIPA administers all or part of the following legislation relating to corporate and intellectual property regulations. Its mandate

encompasses companies, close corporations, co-operatives, trademarks, patents, designs, aspects of copyright legislation and enforcement of

rules and regulations in most of these areas of law.

Legislation

Business and

Intellectual Prop-

erty Authority Act

2016, Act No. 8 of

Companies Act

2004, Act No. 28

of 2004

Close Corporation

Act, Act No. 69 of

Trade Marks Act,

1973 (Act No. 48

of 1973)-

Patents, Designs,

Trade Marks, and

mation, 1923 (Act

No. 17 of 1923)

and;

Patents and De-

signs Act, 1916

(Act No. 9 of 1916)

Industrial Property

Act, Act No. 1 of

Neighboring Rights

Protection Act,

1994 (Act No. 6 of

1994)

| Mandate

Facilitate and promote the efficient and effective registration of

business and industrial property in Namibia.

disclosure by companies, resolve disputes, educate and inform

about all laws, non-binding opinions and circulars, policy and legis-

lative advice.

and disclosure by close corporations.

Court of Commissioner of patents.

binding advise to the public.

Sector

Country-wide

Economy-wide

Creative Indus-

tries

BIPA Annual Report 2016/1: