BIPA Annual Report 2017-2018

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ANNUAL

REPORT

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ANNUAL &

BUSINESS REPORT

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ANNUAL REPORT

TABLE OF CONTENT

1. Acronyms and Abbreviations 4

2. Foreword by the Chairperson 6

3. Organisational Overview 8

4. Mission, Vision, Values & Theme 9

5. Legislative & other Mandates 11

6. Board of Directors 13

7. Management & Support Structure 18

8. Operational & Strategic Overview 23

9. Audited Financial Statements 41

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LIST OF ACRONYMS AND ABBREVIATIONS

ARIPO African Regional Intellectual Property Organisation

BCP Business Continuity Plan

BIPA Business and Intellectual Property Authority

CBD Central Business District

CC Close Corporation

CCTED Cabinet Committee on Trade, Economics and Development

CEO Chief Executive Officer

CIO Core Infrastructure Optimisation

DR Disaster Recovery

EEC Employment Equity Commission

ERP Enterprise Resource Planning

FRAC Finance, Risk and Audit Committee

FY Financial Year

GLEC Governance, Legal and Ethics Committee

HPP Harambee Prosperity Plan

HRRC Human Resources and Remuneration Committee

ICSF Integrated Client Service Facility

ICRS Integrated Company Registration System

IP Intellectual Property

IPAS Industrial Property Administration System

IPR Intellectual Property Rights

ICT Information and Communication Technology

IT Information Technology

IUM International University of Management

MICT Ministry of Information and Communication Technology

MITSMED Ministry of Industrialisation, Trade and SME Development

NDP National Development Plan

N$ Namibia Dollar

PCT Patent Cooperation Treaty

R&D Research and Development

ROI Return on Investment

SOE State-Owned Enterprise

SPPC Strategic Plan and Projects Committee

TISC Technical Innovation Support Centres

WIPO World Intellectual Property Organisation

FOREWORD

BY THE CHAIRPERSON

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of 93 talented people. The Authority recognises that investing

in developing its human resources contributes to the

successful execution of its mandate.

A number of important projects were completed during the

period under review. These included the finalisation of the

Regulations of Industrial Property Act (Act No. 1 of 2012), the

development of the National Intellectual Property (IP) Policy

and its submission to Cabinet, and the Board’s approval of a

new organisational structure, in line with the 5-year Strategic

Plan (2017-2022).

Smart partnerships have been a key focus area for the Board.

In light of this, BIPA concluded a milestone service level

agreement on the implementation of Technical Innovation

Support Centres (TISCs), under the Memorandum of

FOREWORD Understanding (MoU) between BIPA and the World Intellectual

BY THE CHAIRPERSON

Property Organisation (WIPO). The TISCS are designed to

benefit those in need of specific patent database information,

and will be available in selected academic and research

The Board of Directors of the Business and Intellectual Property

institutions. The implementation of the first phase of this MoU

Authority (BIPA) hereby submits the BIPA Annual Report for

is expected to start during the 2018/2019 Financial Year.

the year ending 31 March 2018. The Report covers all of BIPA’s

activities, and presents the Authority’s audited financial

Every new organization experiences some growing pains, and

statements, including a Statement of Income and Expenditure,

BIPA is no exception. The Board is aware of the challenges the

and the Balance Sheet for the period 1 April 2017 to 31 March

institution faces, notably with regard to financial constraints,

2018.

the lack of systems automation and integration, and need to

establish a relevant and updated legal framework.

BIPA officially became operational as a State-Owned Enterprise

(SOE) with the promulgation of the BIPA Act (Act No. 8 of 2016)

However, looking ahead, the Board is confident and optimistic

on 16 January 2017. Prior to this, BIPA had been registered as an

that the foundation that is currently being laid will lead to

Association Not for Gain, under Section 21 of the Companies Act,

the successful regulation of business and protection of

2004 (Act No.28 of 2004). It was deregistered on 25 August 2017.

intellectual property rights in Namibia. Despite the challenges

that may prevail, it is important that BIPA establishes itself as

Amongst its governance responsibilities, the Board of Directors

a credible regulator and service provider.

was tasked with ensuring the smooth and efficient transition

of BIPA from an Association Not for Gain to a SOE, as well as

Against this background, this report is submitted to the

with overseeing the assumption of all related functions from

Minister of Industrialisation, Trade and SME Development for

the Ministry of Industrialisation, Trade and SME Development

the benefit of the shareholder and BIPA’s other stakeholders.

(MITSMED) and Ministry of Information and Communication

We are confident that the authority will continue to grow

Technology (MICT). Importantly, this had to be done while

from strength to strength in coming years, and will become a

continuing to deliver quality services to all those who seek to

center of excellence in the near future.

in Namibia.

_______________________

Riundja Ali Kaakunga (Othy)

During the 2017/2018 Financial Year, BIPA’s human capital

Chairperson of the Board

capacity grew by 32%, ending the year with a staff complement

ORGANISATIONAL

OVERVIEW

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1. ORGANISATIONAL OVERVIEW

1.1. BIPA’s Mandate The objectives of BIPA, as outlined in

BIPA’s mandate is to regulate and administer the registration section 2 of the BIPA Act (Act No. 8 of

of business and industrial property under the applicable 2016) are as follows:

legislation, with the objective to facilitate economic growth

and development, contribute to raised income, promote • To foster economic growth and development in order to

investment and create employment through enhancing the raise income and promote investment and employment

efficient protection of business and intellectual property in and the efficient protection and administration of business

Namibia. and intellectual property in Namibia;

• To consolidate, in the manner herein provided, the

Concomitantly, BIPA is mandated to promote the conduct various offices and officials involved in the registration

and use of business and intellectual property in Namibia, and administration of business and intellectual property;

and to facilitate, streamline, simplify and harmonise • To facilitate and promote the efficient and effective

business and industrial property procedures, registrations, registration of business and intellectual property and to

filings and searches in order to expedite economic growth keep and administer the registers with regard thereto;

and development and to enhance the efficient exchange • To promote the conduct and use of business and

and distribution of information. The Authority is further intellectual property in Namibia;

equipped with the mandate and resources to advise • To facilitate, streamline, simplify, harmonise and

Government on matters related to Intellectual Property expedite business and intellectual property procedures,

(IP) rights; and is entrusted with the promotion of IP as a registrations, filings and searches; and,

strategic tool for development. • To enhance the efficient exchange and distribution of

information.

The protection of intellectual property rights encourages

innovative economies, enriches individuals and companies,

preserves health and saves lives. Intellectual property is

a noble human invention - a legal vehicle for knowledge

transfer and development. IP rewards creativity and

incentivises innovations in various forms, including

technologies, know-how, creative expressions, designs

and brands; and plays an essential role in innovation

by capturing its economic value - thereby encouraging

investment in Research and Development (R&D) and

innovation.

Apart from its mandate to promote and protect IP rights

in Namibia, BIPA, through its Department for Business

Registrations, is tasked with the registration of other forms

of companies including Associations not for Gain registered

under Section 21 of the Companies Act, close corporations

(CCs) and defensive names. This function is not only a

vital enabler of a stable and thriving economy, but also

contributes towards Government’s greater developmental

goals of poverty alleviation, the reduction of unemployment

and the reduction of inequality among Namibians.

1.2. VISION

Transformed business landscape and inspired innovation.

1.3. MISSION

To register, grant and protect business and intellectual

property rights.

1.4. VALUES

Through its corporate values, BIPA is driven to create

common and shared principles. In so doing, the Authority

seeks to encourage active participation of each staff

member in not only understanding these values, but also

living them through their behaviour and decision making.

BIPA’s values are:

• Accountability. We accept the responsibilities entrusted to

us and shall be answerable for all our decisions and actions.

• Customer Orientation. We commit to provide customer-

centric, superior service at all times.

• Teamwork. We believe there is strength in unity and

therefore we shall support each other to achieve our

collective objectives.

• Integrity. We shall uphold the highest standards of ethical

behaviour in the execution of our mandate.

• Innovation. We shall continuously seek innovative avenues

to improve our service to our stakeholders.

1.5. THEMES

The following themes – which form distinct focal clusters

against which objectives can be defined – are of vital

strategic importance, and will remain so over the next

several years:

• 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

outlined within the Act;

• Stakeholder Relations. Creating positive relationships

with BIPA stakeholders through appropriate management

of their expectations and agreed objectives;

• Operational Excellence. Striving for improved and

consistent service delivery with minimum variation and

waste.

• Human Capital. Developing the collective skills, knowledge,

and other intangible assets of individuals that can be used

to create economic value for the institution in order to meets

its strategic objectives.

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LEGISLATIVE

AND OTHER MANDATES

2. LEGISLATIVE AND OTHER MANDATES

It is within BIPA’s mandate to administer part or all of the following legislation relating to business registration and intellectual

property rights, as well as to enforce rules and regulations made in terms of these laws. The Authority’s mandate encompasses

companies, close corporations, co-operatives, trademarks, patents, designs, and aspects of copyright legislation. The relevant

pieces of legislation include:

BIPA’S MANDATE

Business and Intellectual Property Authority Act Facilitate and promote the efficient and effective registration of

2016, Act No. 8 of 2016 businesses and industrial property in Namibia.

Companies Act 2004, Act No. 28 of 2004 Register companies, maintain data, regulate governance of and

disclosure by companies, resolve disputes, educate and inform

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

legislative advice.

Close Corporation Act, Act No. 69 of 1984 Register close corporations, maintain data, and regulate

governance of and disclosure by close corporations.

Trade Marks Act, 1973 (Act No. 48 of 1973)- Register trademarks, maintain data, and resolve disputes.

Patents, Designs, Trade Marks, and Copyright Register patents and maintain data, resolve disputes, publish

Proclamation, 1923 (Act No. 17 of 1923) and; patent journal, administer Court of Commissioner of patents.

Patents and Designs Act, 1916 (Act No. 9 of 1916)

1994 (Act No. 6 of 1994) non-binding advice to the public.

Table 1: BIPA’s mandates, in line with legislation relating to business registration

and intellectual property regulations.

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BOARD

OF DIRECTORS

3. BOARD OF DIRECTORS

3.1. Powers • Approving policies, including remuneration and investment;

The role, function and powers of the Board, its members • Approving BIPA’s organisational structure, including creating

and Committees, and its relations with regards to other new positions and their grading; and

structures of BIPA are determined by the enabling Act and • Approving the Annual Report including Annual Financial

related legislation, the Governance Framework, corporate Statements.

governance best practices, and the decisions and policies of

the Board. The Board is responsible for the strategic direction The Board delegates various other matters to the Board

and control of BIPA, and has the exclusive power to make any Committees, as specified in the terms of reference of each

decision in respect of the institution. Importantly, it is tasked Committee.

with exercising its powers responsibly: in the best interests of

BIPA with due regard to the interest of its stakeholders; and The Board Chairperson is responsible for setting the ethical

in compliance with Namibian legislation, principles of sound tone of the Board and the Authority, and provides overall

corporate governance and Board policies. leadership, overseeing the development of the Board plan

and presiding over Board meetings.

3.2. Roles and Responsibilities

It is the Board’s responsibility to guide BIPA in pursuit of its 3.3. Board Performance Assessment

mandate, within the powers conferred upon it by the enabling For the financial year under review, the BIPA Board concluded

Act, the Board Charter and other Board decisions and policies. a Governance Agreement and Performance Agreements with

the Minister of Industrialisation, Trade and SME Development,

The Board, on behalf of its stakeholders, is responsible Hon. Immanuel Ngatjizeko. These agreements were set out in

for the overall direction of BIPA’s business strategy and terms of the State-owned Enterprises Governance Act, 2006

undertakings. The Board delegates authority for the day- (Act No. 2 of 2006), as amended by the Public Enterprises

to-day management of the BIPA business to the CEO, who is Governance Act Amendment Act, 2015 (Act No. 8 of 2015)

accountable to the Board. The CEO is assisted by executive and the Business and Intellectual Property Act, 2016 (Act No.

management staff. 8 of 2016). The Board’s performance is assessed in line with

the Key Performance Indicators (KPIs) determined by the

The following powers are reserved for the Board: Government.

• Appointment of the CEO;

• Approving the BIPA Annual Budget, Annual Business Plan 3.4. Board Training and Development

and Strategy; The Authority ensures that Board members are presented

• Approving the Annual Procurement Plan; with opportunities to gain new skills and/or enhance their

• With the consent of the Auditor General, appointing an knowledge through continuous training, education and

auditor (to conduct annual audits); development on matters relevant to the organisation. In

• Establishing sub-committees of the Board; and this regard, a needs assessment and gaps identification

• Making rules relating to: was conducted in order to ensure that the right training was

the convening and holding of, and procedure at meetings of provided in equipping the board to more effectively carry out

the Boards or a committee of the Board; its responsibilities.

the management of the affairs of BIPA and execution of its

function; As the Board was in its maiden year of appointment, the

any matter which, in terms of the BIPA Act, is required or members attended the following training sessions:

permitted to be prescribed by rules; • Board Induction on BIPA and the role of the Board;

generally, any matter which the Board considers necessary • Strategic session.

or expedient to give effect to the objects of BIPA or the Board;

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3.5. Attendance of Board and Board Committee meetings

In terms of section 12(1) of the BIPA Act, the Board must hold at least four meetings a year. The period under review saw the

establishment of BIPA as a Public Enterprise, as well as the Governance function being implemented by a newly appointed

Board of Directors. As such, the number of Board meetings held was in alignment with the needs during this period of setting

up the organisation as a SOE. The CEO, Executive Management, Company Secretary and, on invitation, other employees

within BIPA vested with expertise on matters forming part of the Board meeting agenda, attended the Board meetings.

Four Ordinary and three special Board Meetings were held during the financial year under review (Table 2). The special Board

meetings were constituted to discuss and take decisions on matters relating to the unauthorised procurement, in BIPA’s

name, of a building in Wanaheda, Katutura.

(3 Special Board meetings) Remuneration Committee Procurement Committee

Finance, Risk and Audit Human Resource and and Ethics Committee Strategy, Projects and

Governance, Legal

(4 meetings) (5 meetings)

Committee (4 meetings) (3 meetings) (3 meetings)

Position Board

Mr Riundja A. Kaakunga (Othy) Chairperson 7/7 N/A N/A 3/3 3/3

Dr Martha Uumati Vice Chairperson 7/7 4/5 N/A N/A 2/3

Ms Seno Namwandi Member 7/7 N/A N/A 3/3 3/3

Mr Ignatius K. Thudinyane Member 6/7 5/5 N/A N/A N/A

Mr Fritz C. Jacobs Member 6/7 5/5 3/4 N/A 3/3

Ms Lovisa Indongo-Namandje Member 4/7 N/A 3/4 1/3 N/A

Ms Chaze Nalisa Member 5/7 N/A 4/4 N/A N/A

Table 2: Board and Board Committee Membership and Meeting Attendance, 2017/2018

3.6. BIPA Board Committees 3.6.2. Human Resource and Remuneration

The Board may from time to time, in terms of the governance Committee (HRRC)

framework and its delegated authorities, determine which The HRRC is responsible for developing formal and transparent

matters are reserved for final decision-making by the Board policies and procedures on BIPA remuneration, and for

or Board Committees. setting the remuneration packages of BIPA Management.

The Committee operates on the principle that the financial

All other matters not specifically reserved for decision- reward offered by BIPA should be sufficient to attract and

making by the Board, and as stipulated in the Delegation of retain people of the caliber required by the Authority, as

Authority, are delegated to the CEO, who is obligated to report failure to do so would negatively impact the efficiency of the

all material matters to the Board. institution.

The sub-committees of the Board are: 3.6.3. Governance Legal and Ethics Committee

• Finance, Risk and Audit Committee (FRAC); (GLEC)

• Human Resource and Remuneration Committee The primary role of GLEC is to deliberate, consult, comment

(HRRC); and assist the BIPA Board in the performance of its legislated

• Governance, Legal and Ethics Committee (GLEC); and and legal-related functions, and to provide guidance and

• Strategy, Projects and Procurement Committee (SPPC). interpretation for the Board members regarding existing and

pending legislation and other legal matters.

3.6.1. Finance, Risk and Audit Committee (FRAC)

The purpose of the Finance, Risk and Audit Committee (FRAC) 3.6.4. Strategic Plan and Project Committee

is to oversee the Board’s responsibilities as they relate to The Strategic Plan and Project Committee was established

financial planning, audit processes, financial reporting, to safeguard and oversee the Board’s implementation of the

the system of corporate controls and risk management Strategic Plan. The SPPC also reviews and provides oversight

and, when required, to make recommendations to the full on procurement/contracting/subcontracting procedures,

Board for approval. In the process of overseeing BIPA’s audit certificates of exemption, and other means of procurement

procedures, FRAC is provided with the resources necessary implemented by management, subject to the approved

to carry out its responsibilities, including the authorisation to Annual Procurement Plan and Annual Budget.

engage independent counsel and other advisors.

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4. MANAGEMENT

AND SUPPORT STRUCTURE

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4. MANAGEMENT AND SUPPORT STRUCTURE

4.1. Office of the CEO 4.2. Risk Management

The CEO, or the person acting in this position, is responsible for

directing and leading the management of the authority. The 4.2.1. Philosophy

CEO is responsible for implementing the Strategy set by the BIPA has developed a Risk Management Framework that

Board and, amongst others, ensures that: guides the approach and processes of managing risks within

its operations. An effective risk management approach

• proper accounting records are kept and audited; focuses on having an ethical and supportive organisational

• financial statements and a report on the activities of the culture, structures and systems that enable the proper

organisation are submitted to the Minister of Industrialisation, management of corporate risks, and the ability to explore

Trade and SME Development and the Minister of Public opportunities that enable the authority to mitigate or

Enterprises; minimise risk impacts.

• risks within the organisation are well managed;

• relevant legislation is complied with; 4.2.2. Governance and Risk Management

• relevant technology and processes are in place; The BIPA Board is responsible for governance and risk

• the authority’s staff are appropriately skilled; management. The Finance, Risk and Audit Committee

• stakeholder relationships are effectively managed; is tasked with assisting the Board to carry out its risk

• relevant and up-to-date policies are in place, and; management responsibilities. The responsibility for

• the organisation employs best practices in its governance. implementing risk management processes is devolved to the

line management in each BIPA department/business unit. In

In essence, the CEO’s responsibilities are to ensure that the addition, BIPA’s internal audit function provides independent

Authority carries out its functions, to execute the agreed- assurance on the risk management process. Corporate risks

upon strategic initiatives and to implement Board-approved are identified, monitored and reviewed regularly in line with

policies and resolutions. The CEO also serves as the Registrar the Authority’s Risk Management Implementation Plan. The

of Business and Industrial Property and is entrusted with risks identified by the BIPA management are highlighted in

leading a sound entity that enhances the efficiency and the graph below.

effectiveness of business registration and IPR protection in

Namibia. Together with the executive management team,

the CEO guides the implementation of BIPA’s strategic vision,

objectives and activities.

Graph 1: Corporate Risk Types identified in BIPA’s current Corporate Risk Register

During the period under review, it was evident that good progress was made in the implementation of risk management

processes. Important elements – such as the risk maturity assessment and the establishment of BIPA’s risk appetite and

tolerance levels – were concluded.

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4.2.3. Internal Audit Function

Internal Audit independently audits and evaluates the The Risk Management function has been established and

effectiveness of the authority’s risk management, internal capacitated; and tasks related to compliance and risk

controls and governance processes. It provides objective management are planned for the following Financial Year.

assurance to the Finance and Audit Committee and the

Board that adequate management processes are in place In executing the Legal Services responsibility, the office

to identify and monitor risks, and that effective internal performs the following functions:

controls are in place to mitigate those risks. Internal Audit

also provides consulting services to add value and improve • Drafting legislation and subordinate legislation;

the authority’s operations. During the year under review, in • Enabling the organisation to better regulate BIPA-related

line with the approved annual plan, audits were performed in services in terms of the BIPA Act and the applicable

the following areas: legislations administered by the organisation;

• Ensuring that BIPA defends or opposes litigious actions

• Business Registration Application Process; against it before any other authority;

• Records Management; • Providing legal advice and support with regard to the

• Asset and Stock Control Routine; organisation’s operations;

• Human Capital and Performance Management; • Providing advice to the Board, the Office of the CEO and

• Cost control and procurement. BIPA’s business units/departments/divisions on all laws

applicable to the Authority’s registration and administration

4.2.4. Risk Appetite of Intellectual Property and Businesses, as well as on any

The BIPA Board has approved the Authority’s risk appetite other relevant laws.

(defined as the level of risk an organisation is willing to

tolerate in implementing its activities and projects) as part

of its overall Risk Management. This risk appetite is being

managed as part of the Enterprise Risk Management system.

4.3. Legal Advice and Company Secretarial

Service

The Legal Advice and Company Secretarial Service

performs two key responsibilities for the Board and Executive

Management: (1) rendering legal advisory services and (2)

performing secretarial and governance services, including

the keeping of Board meeting minutes. The Service reports

to the Board and Board Committees, specifically the

Governance, Ethics and Legal Committee and the Human

Resources and Remuneration Committee; and undertook the

following governance-related tasks during the period under

review:

• Providing secretarial support to the Board and its

Committees;

• Developing Board Charters and Board Committees Terms

of Reference;

• Developing Board Performance and Governance

Agreements, as well as Key Performance Indicators (KPIs) to

measure Board performance;

• Assessing Board training needs and facilitating training.

4.4. Executive Management

BIPA’s Executive Management was comprised of the following people during the 2017/2018 Financial Year:

Position Office Holder

Chief Executive Officer (CEO) Mr Tileinge Andimba

Executive: Human Capital Management Ms Selma Ambunda

Executive: Finance and Administration Mr Immanuel Awene

Executive: Information and Communication Technology Mr Veiko Muronga

Executive: Intellectual Property Ms Ainna Kaundu

Executive: Business Registration Services Ms Laura K. Tjombonde

Chief Legal and Company Secretary Ms Vivienne Katjiuongua

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5. OPERATIONAL

AND STRATEGIC OVERVIEW

5. OPERATIONAL AND STRATEGIC OVERVIEW

The 2017/2018 Financial Year delivered both successes and media, doing business at their desks and receiving service

challenges. Most significantly, during its inception, the Board on demand. To this effect, BIPA realises the need for swift

and Management were able to lay the foundation for BIPA automation of systems, fully utilising online platforms, and

to operate as an independent institution – delivering on its developing integrated business networks. Although currently

mandate and contributing towards Namibia’s development a challenge, the authority aims to turn the status quo around

goals as per Vision 2030, the Fifth National Development and to adopt the relevant technologies needed to serve

Plan (NDP5) and the Harambee Prosperity Plan (HPP). The clients better.

challenges, driven by both external and internal factors,

were numerous too; but the focus remained on cementing Further challenges relate to:

the authority’s achievements and implementing strategies • the relevant legal frameworks that affect the operations of

to improve and take the organisation to the next level. BIPA being outdated or not yet in place;

• the current, challenging economic environment; and

Following are some noteworthy highlights: • backlogs in registering trademarks within a reasonable

BIPA now has offices operating from the Windhoek Central period.

Business District (CBD), Wanaheda and Swakopmund. While

the Board and Management of BIPA continue to work on The management of BIPA also realised that there is a definite

the implementation of its decentralisation strategy, BIPA need for educating aspirant and current business owners on

services in regions outside Khomas are facilitated through issues such as:

the MITSMED Regional offices. • Setting up a business;

• Registering and deregistering businesses;

Furthermore, the authority has discontinued its use of revenue • The responsibility of submitting annual returns;

stamps and now allows payments in cash, electronic funds • The importance of protecting inventions and works through

transfer and bank deposits; thereby simplifying both the Intellectual Property Rights and Copyright.

application process for clients, and the processing of these

applications by staff. BIPA intends to address these challenges through a number

of interventions.

BIPA’s organisational structure was refined to secure the

human capital required to manage the institution sustainably The Board and Management of BIPA operate within the

and profitably. BIPA expanded its human resource base by Authority’s approved strategic plan for 2017 to 2022. The

more than 30%, but is still short of reaching the optimum five-year plan aims to improve BIPA’s operations, address

work force needed to optimise operations. any challenges that it faces, and ensure that the institution

becomes one of the most effective SOEs in Namibia.

With any new endeavour, come challenges.

As a newly independent organisation, BIPA is still in Looking forward, BIPA, through its Executive Management,

the process of setting up operational and information will continue to commit and prudently manage resources in

technology (IT) systems, institutional policies and physical order to:

infrastructure to effectively carry out its public service. • Build a strong foundation and establish BIPA as a credible

Progress is hampered by a lack of funds and means to and efficient regulator;

ensure sustainable revenue generation. Management is well •Significantly improve service delivery through enhanced

aware of these organisational shortcomings and their effect communication, improved turn-around times, automating

on the business community in Namibia; and is working hard systems and employing online platforms to assist clients

to improve service delivery. with business-related functions; and

• Ensure sustainable income generation, to the extent that

The rapid rate at which technology is developing the organisation will be able to operate without relying on

places increasing pressure on BIPA to adapt to the government subsidies.

changing times. Humans have become accustomed to

instant communication, having a countless number of The sections below provide a detailed focus on BIPA’s

communication channels at their disposal through social operations.

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5.1. Intellectual Property

The primary functions of the Intellectual Property Department Trademarks and Industrial Designs

are to register, grant and protect intellectual property rights;

promote IP value in Namibia; and contribute to national, The Trademarks Division is responsible for the administration

regional and international IP legal frameworks. These and registration of Trademarks and Industrial Designs.

functions are executed within the scope of the relevant acts, Applications for trademarks are received and administered

namely the Business and Intellectual Property Authority in terms of the Industrial Property Act (Act No.1 of 2012), the

Act 2016 (Act no. 8 of 2016); the Trade Marks Act, 1973 (Act Banjul Protocol of ARIPO and the Madrid Agreement and

no. 48 of 1973); the Patents, Designs, Trade Marks, and Protocol of WIPO.

Designs Act, 1916 (Act no. 9 of 1916); and the Copyright and Industrial Designs are received and administered in terms of

Neighbouring Rights Protection Act, 1994 (Act no. 6 of 1994). the national law (the Industrial Property Act No.1 of 2012), the

Harare Protocol of ARIPO and the Hague Agreement of WIPO.

During the period under review, BIPA focused on the

development of the Intellectual Property policy and legal The focus of the division remains on accelerating the

frameworks required to promote and stimulate creativity, processing of national applications. Some highlights for the

innovation and inventiveness. To this end, BIPA finalised the period under review are:

draft Intellectual Property (IP) Policy and presented it to the • A recorded improvement in the business operations;

Cabinet Committee on Trade, Economics and Development • Reduced turnaround times for filing notices;

(CCTED), who recommended the draft policy to Cabinet for • An increase in the number of applications examined and

adoption. registered.

Furthermore, BIPA finalised the draft Industrial Property Copyright

Regulations, for the implementation of the Industrial Property

Act, 2012 (Act No. 1 of 2012). These Regulations are to be The Copyright Division is mandated to administer the

promulgated in the coming fiscal year. registration and processing of copyright works in accordance

with the Copyright & Neighbouring Rights Protection Act, Act

5.1.1. Divisional Overview No. 6 of 1994. The division actively engages in the promotion

Three divisions within the Intellectual Property Department of copyright awareness through information sharing

ensure the execution of the relevant Acts: (1) Trademarks, (2) campaigns, in order to create understanding and promote

Copyrights and (3) Patents & Utility Models. innovation and creativity in Namibia. It is also tasked with

receiving and vetting copyright applications, verification Cooperation Treaty (PCT) and Hague applications. The

and approval. Harare Protocol allows single application of Contracting

States for the granting of patents and the registration of

Strategic partnerships are at the core of the division’s utility models and industrial designs protection. The Patent

execution of awareness campaigns. These campaigns aim Cooperation Treaty (PCT) assists applicants in seeking

to reach and educate relevant stakeholders on topics such patent protection internationally for their inventions, helps

as the historical background of IP, the Namibian Copyright patent offices with their patent granting decisions, and

Act, the impact of new technology on IP rights, the economic facilitates public access to a wealth of technical information

importance of copyright protection, categories of copyright, relating to those inventions.

and the requirements and procedures for registering such

works. During the period under review, the division exploited Patent registrations in Namibia are protected under the

a number of platforms to share information, notably Patents Act (Act No. 9 of 1916) and Proclamation 17 of 1923.

presenting at primary and tertiary education institutions,

festivals promoting entrepreneurship and innovation, trade 5.1.2. Applications and Processing

fairs, workshops and other public engagements. Trade marks

Patents The number of trademark applications received and

registrations granted within the period under review are

The Patents Unit is mandated to deal with all national outlined in the tables below:

applications, as well as to administer the Harare, Patent

Total No. of Trademark Applications Trademarks Registered

Received (including renewals, new

applications, assignments and

amendments)

7306 2388

Table 3: National Trademarks

Regional/International Designations Number of Designations / Applications

Madrid 1132

Banjul 46

Table 4: Madrid and Banjul Designations

Industrial Designs

The Industrial Designs Unit received a small number of applications compared to that of trademarks and patents. The

number of international applications exceeded the number of national applications, mainly due to low levels of awareness

in Namibia on the benefits of IP protection.

National Filing Applications Registrations

Designs 20 20

Table 5: Industrial Designs

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Annual Report 2017/18 | 26

Regional/International Designations Number of Designations/ Applications

Harare protocol 9

Hague & Harare Designs 205

Table 6: Hague Designations

During the period under review, a total of 164 works were The 11 applications that were rejected were due to non-

registered, 153 of which were approved and 11 rejected. The compliance with copyright requirement, as all the works

majority of these works fell in the literary works category, were already in the public domain. The term public domain

including all works expressed in writing. These included books, refers to creative materials that are not protected by

computer programmes, university curricula and business intellectual property laws such as copyright, as the public

methods. Other works registered included scripts (dramatic owns these works. As such, these works cannot be owned

works), audio visual works and musical works. by any one individual author or artist.

Total Number of Applications Applications Applications

Applications for verified accepted Rejected

Copyrighted Works

164 164 153 11

Table 7: Copyright applications

The number of applications reduced from 204 in FY2016/2017 to 164 in FY2017/2018. This highlights the need for focused efforts

to create awareness about BIPA’s role in protecting and promoting IP rights in Namibia.

Patents

The Patents Unit received 29 applications*, of which 20 were registered and nine are still pending.

April May June July Aug Sep Oct Nov Dec Jan Feb Mar TOTAL

Received 0 1 2 2 0 3 3 4 5 2 3 4 29

Registered 0 2 0 0 0 2 1 3 2 2 3 3 20

*Applications submitted in Namibia, excluding submissions filed through ARIPO.

Table 8: Patent applications

The achievements of the Intellectual Property Department during the year under review can be attributed to excellent team

work, enhanced business processes, the realignment of tasks and improved accountability and reporting structures.

5.1.3. Challenges

The Intellectual Property Department experienced a Furthermore, the department will focus on improving

number of challenges during the fiscal year, which affected processes and systems intended to enhance the

the successful execution of its mandate relating to the organisation’s value proposition and render quality services

management of copyrights, trademarks and patents. to our customers and stakeholders. To this end, BIPA will

embark upon business processes re-engineering for all

A significant challenge relates to the legal constrictions posed intellectual property rights processes, undertake a data

by the outdated version of the Copyright and Neighbouring validation project for trademarks, and carry out a capturing

Rights Protection Act of 1994, which is currently under review. project for patents and industrial designs.

Additionally, automation of IP processes is at a very low level. Additionally, BIPA looks forward to the hosting the 42nd

As such, BIPA still employs manual procedures to process Session of the Administrative Council of the African Regional

applications and amendments. In the foreseeable future, Intellectual Property Organisation (ARIPO) in Namibia in the

when the current IT and institutional systems are updated, fourth quarter of 2018. The opportunity to host this session is

integrated and automated, not only will turn-around times be a great honour for our country, as it will allow us to enhance,

drastically reduced, but the ease of submitting applications highlight and discuss IP-related issues affecting Namibia

from regional locations will also be significantly improved. and the region. As a developing country, Namibia can benefit

from the international relations, knowledge and expertise

During the period under review, the department continued to that will come with this important event.

be challenged with backlogs in the processing of trademark

applications. In order for the division to deliver on its mandate, 5.2. Business Registration

there is a need for benchmarking with other IP offices in Section 5(b) of the Business and Intellectual Property Authority

the region to identify methods that have been successfully Act of 2016 mandates BIPA to regulate and administer the

implemented to reduce and/or eradicate the backlogs registration of businesses. This is conducted in line with the

associated with processing trademarks by IP offices, and to applicable legislation: the Companies Act (Act No. 28 of

learn from them. 2004), the Close Corporations Act (Act No. 26 Of 1988), as

amended, and Section 4 of the Financial Intelligence Act (Act

5.1.4. Future Endeavours 13 of 2012).

We recognise that BIPA is an organisation in its infancy, and

that challenges and growing pains are inevitable. In line 5.2.1. Applications and Processing

with the institution’s strategic plan (2017-2022), during the The Department for Business Registration processes

next financial year, BIPA will prioritise the development of applications for the registration of companies – including

the Intellectual Property policy and legislative framework. To Associations not for Gain and Close Corporations – and

this end, the Intellectual Property Department will facilitate defensive names. It also processes applications for

the approval and adoption of the IP Policy by Cabinet and amendments, deregistration and restoration of entities as

Parliament, respectively. prescribed.

In addition to this, the department will facilitate the Compared to previous years, there was an evident decrease

promulgation of the Industrial Property Regulations for the in the number of applications for business registration. The

implementation of the Industrial Property Act (Act No. 1 of exception was applications for foreign companies, which

2012), which will allow the registration of utility models. The increased by 33%.

department will also undertake stakeholder consultations

on the current Copyright and Neighbouring Rights Act. This

will inform the development of a draft Copyright Bill, which

is intended to address the realities of the fast-changing

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Annual Report 2017/18 | 28

Graph 2: Applications for Foreign and Section 21 companies

Graph 3: Applications for Defensive Names, Name Reservations and CCs

One of the strategic initiatives in the BIPA Corporate Strategy processed at the Head Office, which negatively impacted

is to reduce the turn-around times of new applications, with turnaround times.

the view to improve customer satisfaction. The Business

Registration department is thus intensely engaged in process That said, the department remains humbled by and

re-engineering to achieve this goal. appreciative of the support offered by MITSMED officials, who

render services at regional level. Their functions are limited to

The application turn-around times for the financial year advisory services and serving as submission and collection

under review regressed, compared to the previous financial sites for registration documents. With the envisaged

year. On average, during FY 2017/2018, it took ten days to decentralisation of services, BIPA will undoubtedly improve

approve an application for a Name Reservation, compared business registration turnaround times in the near future.

to three days during the previous financial year. Company

registration took 14 days, compared to seven days in Despite the setbacks noted above, the department is proud

2016/17; and the registration of CCs took twenty-three days, to note a 63% increase in online applications compared to

compared to five days last year. the previous financial year. The institution rolled out the

function for online name reservations via its website in 2013,

This regression may be attributable to the relocation of and the demand for this service has grown in every year

BIPA’s offices at the end of 2017, and the acclimatisation of since its launch. The table below illustrates how the service

operational functions within the new working environment. In has gained momentum:

addition, applications from the regions were routed to and

Graph 4: Number of online applications for Name Reservations

We are confident that this positive trend will continue into the future.

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Annual Report 2017/18 | 30

5.2.2. Challenges 5.3. Human Capital Management

The lack of appropriate, integrated and modern business As a crucial player in the economic development of Namibia,

registration systems has negatively impacted turn-around BIPA depends on a highly skilled and innovative workforce to

times. However, the department is attending to the need to achieve its stated objectives as outlined in the Strategic plan,

find cost-effective, client-centred solutions. fulfil its mission statement and live up to its corporate values.

We realise the importance of investing heavily in our human

5.2.3. Future Endeavours capital and are proud of the fact that we have a diverse,

As a major role player in commerce, trade and dedicated and committed team, ready to go the extra mile

industrialisation in Namibia, BIPA is part of the team involved in rendering BIPA’s services. There are a number of critical

in the development and implementation of the Integrated issues related to this, including training, development,

Client Service Facility (ICSF) project for the country, steered by implementation of the scorecards and employee retention.

the Ministry of Industrialisation, Trade and SME Development. The skills and experiences embodied in the total staff

This project aims to streamline and improve the process complement of the company make BIPA what it is and largely

of starting a business in Namibia. As a country, Namibia’s determine the institution’s performance levels.

ranking on the World Bank’s ‘Ease of Doing Business’ index has

consistently been declining. The current focus of the project 5.3.1. Workforce Profile and Employment Equity

is on four key institutions that provide Business Registration BIPA is an equal opportunity employer and remains

services, namely BIPA, the Social Security Commission, the committed to the Employment Equity Code of Good Practice.

Department of Inland Revenue and the Ministry of Home The organisation continues to comply with Namibia’s

Affairs and Immigration. Employment Equity and Affirmative Action Act.

To date, as part of the project, the Ministry has launched the To enhance the Authority’s’ growth, BIPA made tangible

NamBizOne Portal. The Portal guides domestic and foreign progress towards achieving its human capital objectives. It

investors on the administrative and legal requirements to also received the AA Certification by the Employment Equity

invest in, start and run a business in Namibia; and provides Commission (EEC) for having complied with Namibia’s

detailed information on the process of incorporating a Employment Equity and Affirmative Action Act.

business in the country. MITSMED envisions rolling out the ICSF

in 2019. During the year under review, BIPA’s workforce comprised a

total of ninety-two (92) permanent employees and one (1)

temporary employee.

Racially Racially Persons with Non- Total

Disadvantaged Advantaged Disabilities Namibians

Job Category M F M F M F M F M F

Executive Directors 1 0 0 0 0 0 0 0 1 0

Executive Management 2 4 0 0 0 0 0 0 2 4

Middle Management 9 5 0 0 0 0 0 0 9 5

Specialised/Senior Supervisory 2 1 0 0 0 0 0 0 2 1

Skilled 12 24 0 0 0 0 0 0 12 24

Semi-Skilled 8 19 00 1 0 0 0 0 8 19

Unskilled 2 3 0 0 0 0 0 0 2 3

Total Permanent 36 56 0 0 1 0 0 0 36 56

Temporary 1 0 0 0 0 0 0 0 1 0

Total 37 56 0 0 1 0 0 0 37 56

Table 9: BIPA Workforce Profile

Graph 5: Workforce profile

In terms of gender representation, the Authority’s workforce is made up of 60% female and 40% male employees.

Graph 6: Gender Profile

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Annual Report 2017/18 | 32

5.3.2. Recruitment and Staff turnover A total employment cost of N$30,873,620.08 (compared to

During the year under review, BIPA successfully filled twenty- N$ 11,087,646.00 in the previous fiscal year) was recorded.

eight (28) permanent positions and one (1) temporary The increase is as a result of the transfer of employees from

position. This represents a 32% growth in the workforce from MITSMED to BIPA, with the entering into force of the BIPA

FY2016/2017. Three (3) employees left the Authority for various Act and the establishment of BIPA as a Public Enterprise.

reasons, representing an attrition rate of 3.3%. Additionally, skilled and semi-skilled positions accounted for

most of the growth in BIPA’s workforce.

Graph 7: Employee Growth

5.3.3. Performance Management 5.3.4. Capacity Development

BIPA evaluated the performance of individual employees The department places a strong emphasis on capacity

and rewarded high-performers for their dedication building programmes for employees at all levels of the

and commitment to improving overall organisational organisation. During the period under review, a total budget

effectiveness. Performance is evaluated at three (3) tiers to expenditure of N$388 132.58 was utilised to implement the

ensure effective alignment with strategic goals, namely the Human Resource Development Plan as follows:

corporate, departmental and individual levels.

During the year under review, the Authority’s overall

performance score was 3.10 on a five-point scale. The

institution incurred a total expenditure of N$4.1 million

on performance bonus payments to high-performing

employees.

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Annual Report 2017/18 | 34

Graph 8: Training statistics

5.3.5. Employee Health and Wellness 5.4.1. ICT Maturity Assessment

The Board of Directors approved the Employee Health and During the year under review, the ICT Department carried

Wellness Strategy on 19 December 2017. In line with the out a maturity assessment to determine which strategies

strategy, employees celebrated the BIPA Annual Health & to prioritise and implement in order to progress to the next

Wellness Day on 28 March 2018 at Kamenco Haus in Windhoek. or desired level. The ICT Maturity Assessment was based on

The aim was to encourage employees to eat wholesomely the Microsoft Core Infrastructure Optimisation (CIO) model

and live healthy lifestyles. to determine at which level the ICT department is currently

operating.

5.4. Information and Communication

Technology The table below provides an indication of the state of BIPA’s

The ICT department is tasked with managing and acquiring current IT systems, versus what the department wants to

ICT infrastructure and assets, and implementing integrated achieve. Although management has made some progress

systems to benefit both employees and clients. in the past financial year, much is still required to ensure

that the institution meets its desired ICT capacities and

graduates to the next level of the Microsoft CIO.

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Annual Report 2017/18 | 36

LEVELS

CAPABILITY CURRENT DESIRED

Access Management No centralised access management Centralised access management

Desktop Management Manual desktop configurations Centralised software deployment

Server Management No server management in place Server providing software updates

Networking Limited Local Area Network Service Level Monitoring

Security Dedicated Firewall Dedicated Firewall

Antivirus Standard antivirus Automated quarantine of infected PCs

Data protection Ad-hoc backups Scheduled and logged backups

Data Recovery No system recovery testing Set frequency of recovery testing

IT Service Management No formalised processes Defined incident and problem management

Defined change and release management

Governance of IT framework & policy in-place

IT Governance No defined Governance processes

Defined RACI for each governance process

Defined metrics for each governance process

Limited security accountability Defined Security compliance and automated

Security Process audit tools

No formalised incident response Managed network and data security process

Business Continuity Plan No Disaster Recovery plans BCP in place with defined DR, DR teams, fail

over plans and emergency mode operations

plans.

Table 10: ICT Maturity Assessment

5.4.2. Projects implemented during

FY2016/2017 5.4.3. Challenges and Risks

The appointment of 6 additional team members allowed the Given that the authority, as an independent agency, is still

department to implement the following projects: in its infancy, the department experienced a number of

• Install a virtual private network which connects all BIPA challenges. Notable challenges included:

offices to the internet and the IP telephony services; • The department failing to attract qualified and experienced

• Migrate the IPAS (Intellectual Property Administration employees due to being unable to offer competitive

System) from MITSMED to the BIPA headquarters; salaries;

• Migrate the ICRS (Integrated Company Registration •Reducing the high cost of the existing service level

System) from MITSMED to the head office, and set up a agreement, as the current team does not have sufficient

Disaster Recovery Centre for the ICRS at the Katutura skills to carry out the ICRS operations and maintenance;

branch; • Lack of funding, which is hampering the acquiring and

• Install a hosted firewall to provide cybersecurity to the implementing of vital internal IT systems.

network and to control outgoing traffic by BIPA users. This

implementation has improved the internet speed which Due to the above challenges, the institution is still subject to

was initially flooded with traffic caused by social media the following IT-related risks:

and video streaming.

Security Risks Business Continuity Risks

• Lack of security on the BIPA Local Area Network can easily • Business critical systems (e.g. IPAS, Pastel) are stand-alone

allow intruders to access the business-critical systems. systems which can adversely affect business operations

• Lack of intrusion detection and prevention systems. The and continuity, should system failures or security breaches

ICT network is therefore susceptible to attacks. occur.

• Lack of synchronisation between the ICRS data sites can

temporarily disrupt business in case of a failure of the active

site.

• Lack of redundancy on the network infrastructure and

therefore operations can be affected during network

failures.

Table 11: IT-related risks

Management regards these challenges as temporary interruptions which will be fixed in due course. Once addressed, BIPA

will be on track to become a leading SOE in Namibia.

5.4.4. Future endeavours to BIPA. The current site is outdated, causing incompatibility

Recognising that a solid, secure and dependable IT issues and increasing client dissatisfaction.

infrastructure is crucial to ensuring that the institution

delivers exceptional and timely services to its clients, the 5.5. Finance and Administration

department plans to execute the following activities during During the period under review, BIPA’s financial

the next fiscal year: management, financial reporting, budgeting and reporting,

controls, logistics and procurement continued to improve.

• Develop an ICT governance framework, that will provide Management kept its focus on ensuring that administrative

guidelines and best practices of governing the ICT excellence was achieved. This was made possible as the

environment; department boosted its human resources capabilities and

• Develop an ICT service continuity plan to specify guidelines ensured significant improvements in managing assets,

and procedures to be followed during server failures; mitigating risks and ensuring more efficient procurement

• Develop a project management framework to define the processes.

project management process;

• Implement the Enterprise Resource Planning system to When comparing the financial statements for the years

guide the functions of financial management, payroll and ending 31 March 2017 and 31 March 2018, it is important to

human resource management; note that the financial statements for the year ending March

• Implement the Model IP Office ICT Infrastructure to install 2017 reflect the operations of two and a half months only –

the hardware required for the new intellectual property BIPA came into force as a SOE on 16 January 2017.

system;

• Implement the client SMS notification system to enhance For transparency and ease of comparing financial

communication with clients on the status and progress of statements, BIPA applies International Financial Reporting

their applications; Standards to its financial reporting.

• Implement a Windows server system needed for network 5.5.1. Financial performance

proxy and centralised functionalities such as virus updates; The 2017/2018 fiscal year was BIPA’s first full year of operations

• Upgrade the ICRS DR Site which was migrated from MITSMED as a SOE under the BIPA Act.

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Annual Report 2017/18 | 38

The institution remained solvent, with a closing Current Ratio 5.5.2. Budget

of 2.4:1, while the return on investment (ROI) achieved stood The Authority managed is budget effectively and efficiently.

at 6%. The operating Cash Flow to Capital Employed was The budget projection and actual performance for the

22%; and the Authority was able to fund its operations while financial year 2017/2018 are tabulated below.

having enough resources to invest.

2017/2018 – Budget 2017/2018 - Actual Variance

Detail N$ N$ %

Income 49,295,060 66,457,978 35%

Expenses 51,414,956 64,581,913 -26%

Surplus/(Deficit) (2,119,896) 2,060,929

BIPA made an income of 35% more than initially budgeted. 5.5.3. Revenue Analysis

The Authority also spent 26% more than budgeted due to BIPA’s revenue for the year totalled N$ 66,457,978. Of this

increased activities. The budget projected a deficit, but the amount, 49% was in the form of grants received from the

Authority over-performed and given the larger rise in income line ministry, the Ministry of Industrialisation, Trade and SME

(compared to the rise in expenditure), achieved a surplus. Development (MITSMED). The remainder of the revenue was

from BIPA’s core business activities, and income derived

through filings by the African Regional Intellectual Property

Organisation (ARIPO), the World Intellectual Property

Organisation (WIPO), and interest on investments.

Graph 8: Analysis of income for the financial year 2017/2018

5.5.4. Government Funding 5.5.7. Administration

During the period under review, BIPA received a total amount BIPA’s administration activities also increased during the

of N$33 million in funding from Government. It is, however, year. Foremostly, management ensured risk insulation by

expected that state funding will reduce over coming years as acquiring insurance. Vehicle management, procurement

BIPA starts to operate more independently and sustainably. and maintenance activities also increased in line with the

To this effect, management has ensured that strategies are organisational growth. These operational support activities

in place to secure and broaden its own revenue streams. ensured that business proceeded smoothly.

5.5.5. Expenditure

Expenses for the year 2017/2018 reached N$ 64,581,913. 5.5.8. Future Endeavours

Salaries made up a major part of this expenditure, accounting BIPA endeavours to continue to manage its financial

for 60% of the total outflows. Other major expenses were Loss resources in a prudent and sustainable manner, and in

on Exchange Differences, SILNAM Support Services and rent. accordance with generally accepted accounting principles

(GAAP). The organisation aims to not only be fully self-

5.5.6. Financial position funded within the next four years, but also to increase

The organisation’s financial position improved from 31 its assets through the acquisition of fit-for-purpose ICT

March 2017. Total assets increased by 32%. Property, Plant systems and the construction of its own office buildings.

and Equipment (PPE) grew by 25%, which is significant as

these are the key long-term income generating assets for

BIPA. The company has no long-term liabilities, and current

liabilities are well covered by the current assets.

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6. AUDITED

FINANCIAL STATEMENTS

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Notes:

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Notes:

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WINDHOEK HEAD OFFICE

PZN Building, 3 Ruhr Street,

Northern Industrial Area

P O Box 185

Windhoek, Namibia

Tel: 061-299 4400