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BIPA Annual Report 2020 – 2021

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ANNUAL

REPORT 2020/2021

PROPELLING RESILIENCE FOR

SUSTAINABLE BUSINESS GROWTH

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 1

OUR THEME:

“PROPELLING RESILIENCE FOR

SUSTAINABLE BUSINESS GROWTH”

In a Financial Year that has seen the emergence of the Covid-19 pandemic

as an economic disruptor, this annual report spotlights BIPA’s efforts which

were meant to ensure that despite the challenging terrain, the business

industry was able to pull together towards recovery and subsequently,

thriving. Under the theme propelling resilience for sustainable business

growth, BIPA’s core activities for the 2020/21 Financial Year were centred

on responding to the pandemic through solutions that promote sustainable

business practice, economic empowerment, employment creation and

stimulation of Namibia’s ailing economic growth.

The reporting period is also a Financial Year that affirms the Authority’s

graduation from 100% government funding in its inception in 2017 to

full self-funding which is a huge step in the Authority’s growth agenda.

In essence, the theme of this annual report is fundamentally premised

on how BIPA has over the past five years remained a valuable organ

of our broader society and has played a key role of being a catalyst in

transforming the Namibian economy through granting, registering, and

protecting business and intellectual property rights.

As such, the theme of this report equally celebrates all frontline businesses

that rose above other during this pandemic. The ordinary business that

had an extraordinary impact on the Namibian people and the economy.

Thank you!

2 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

TABLE OF CONTENTS

1. Acronyms and Abbreviations 4

2. 2020/2021 at a Glance – Key Performance Stats 5

3. Foreword: Board Chairperson 6

4. CEO’s Overview 10

5. About BIPA 12

6. Corporate Governance 18

7. Internal Audit and Risk management 26

8. Executive Management 30

9. Regulatory Update 34

10. Towards Enhanced Stakeholder Confidence 36

11. Our Core Functions 39

12. Annual Financial Statements 74

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 3

1 LIST OF ACRONYMS AND ABBREVIATIONS

AA Affirmative Action

ARIPO African Regional Intellectual Property Organisation

BIPA Business and Intellectual Property Authority

BRS Business Registration Services

CC Close Corporation

CEO Chief Executive Officer

ERP Enterprise Resource Planning

FRAC Finance, Risk and Audit Committee

FY Financial Year

GLEC Governance, Legal and Ethics Committee

HCM Human Capital Management

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

ICAN Institute of Chartered Accountants of Namibia

ICT Information and Communication Technology

IT Information Technology

MITSMED Ministry of Industrialisation, Trade and SME Development

NIPA Namibia Institute of Professional Accountants

N$ Namibia Dollar

PCT Patent Cooperation Treaty

ROI Return on Investment

SME Small and Medium Enterprise

MSME Micro, Small and Medium Enterprises

SOE State-Owned Enterprise

SPPC Strategic Planning and Projects Committee

UNAM University of Namibia

WIPO World Intellectual Property Organisation

4 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

2 2020/2021 AT A GLANCE

HALF A MILLION

SPENT TO FIGHT

COVID-19

IP REGISTRATIONS

INCREASED BY N$101.6 MILLION

50% REVENUE (133%

INCREASE)

KEY PERFORMANCE

STATISTICS

FOR THE 2020/21 OPERATIONAL

15% INCREASE EXPENDITURE

IN NAME FINANCIAL YEAR REDUCED BY

RESERVATIONS N$11 MILLION

10 000 EMPLOYEE

NEW BUSINESSES PERFOMANCE

REGISTERED SCORE OF 3.77

(OUT OF 5)

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 5

FOREWORD

BY THE BOARD

CHAIRPERSON

Riundja Ali Kaakunga (Othy)

Chairperson of the Board

6 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

FOREWORD BY THE

3 BOARD CHAIRPERSON

I am once again honoured to present this report on As a Board, we are ultimately accountable for the

behalf of the BIPA Board of Directors and re-affirm our governance and performance of the company. This was

commitment to provide good governance and financial particularly true in a year that frequently presented new

oversight to ensure that the Authority carries out its issues – issues that demanded the collective expertise of

mandate effectively and efficiently. I write this foreword board and management members to address matters in

in full view and acknowledgement that the 2020/2021 the best interests of the authority and all its stakeholders.

Financial Year has clearly showed the critical importance

of being adaptable to the changing environment owing Apart from our collective and decisive actions, I also

to Covid-19. In this regard, the Board demonstrated its believe the functioning of the Board Committees has

agility in adapting rapidly so that it could continue to been effective this year, as is supported by the Board

demonstrate value to BIPA while finding new ways to evaluations done during the year. Good progress has

enhance its governance oversight role. been made with the review of some policies to ensure

continued alignment with the BIPA way, and a range

Events of the reporting period make it clearer that we are of new policies are on their way to strengthen ethical

making progress, and our financial performance continues conduct and effective delivery of the BIPA mandate.

to demonstrate on-going improvements despite some

of the setbacks we have encountered from unforeseen Indeed, the events of the reporting period have reinforced

circumstances presented by the on-going pandemic. the concept of stakeholder inclusivity and the ethical

obligation for us to consider all stakeholder groups in

responding to a crisis. Safety remains our top priority and

“Growing revenue is a focus at every Board meeting. We continue to promote

a safety culture that brings everyone home safely, every

coupled by expenditure day and we are proud to be considered as a safety leader.

This year we gave additional consideration to the effect

containment has of COVID-19 on the safety,physical and mental health of

our people. Our team put in tremendous effort to keep

characterised this each other safe, resulting in no Covid-19 fatalities in the

reporting period.

Financial Year despite

I also remain optimistic about the future of BIPA. We

a need for further cost believe we are focusing on the right things to strengthen

our business. The calibre of management that we have,

optimisation as well as the commitment that they have demonstrated to the

cause, and the ability to deliver, gives one confidence that

applying due attention ultimately the additional experience from the setbacks of

the pandemic will allow us to more dexterously deliver

to automation, systems the strategy going forward.

enhancements, and Conditions ahead appear to be challenging. It seems that

Covid-19 will be with us for some time and there is little to

advancements in suggest that economic conditions will recover in the short

term. Our industry is likely to remain under pressure and

technology.” the registration of new businesses is also likely to remain

subdued owing to the prevailing tightened business

climate.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 7

FOREWORD BY THE BOARD CHAIRPERSON (CONTINUED)

We will continue to improve our understanding of

stakeholder needs and to use the new ways of engaging to

identify initiatives that can continue to create value for our

stakeholders.

Lastly, I want to thank our Line Minister of Industrialisation and

Trade, Hon. Lucia Iipumbu for her leadership and unwavering

support. Equally, I take this opportunity to thank our CEO who

with the help of her Executive team has done tremendously

well over the reporting period. To my fellow Board Members,

a word of appreciation for your commitment and to the

employees of BIPA, thank you for your loyalty and hard work.

Riundja Ali Kaakunga (Othy)

Chairperson of the Board

8 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

CHIEF

EXECUTIVE

OFFICER’S

OVERVIEW

Vivienne Katjiuongua

Chief Executive Officer

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 9

CHIEF EXECUTIVE OFFICER’S

4 OVERVIEW

It is with sheer delight to report that in the face of on- In the coming Financial Year, containment of costs and

going Covid-19 headwinds, our management was able to broadening operational channels to increase revenue

exhibit resilience in responding to the changes brought by will remain key priorities that will help the Authority

the pandemic in the 2020/21 Financial Year. Indeed, this contribute to national development.

challenging period in which a key priority was to balance

the competing needs of effectively managing urgent Operational Effectiveness

work with strategic goals, we succeeded in embedding During the year under review, management had to

anti-fragility across our business to increase our ability to promptly utilise the learnings from setbacks to improve

manage and thrive through major disruptions. efficiencies and enhance the business going forward. Our

strategy, resolve and resilience were tested time and again.

A Sustained Financial Perfomance But, thanks to the astounding innovation and creativity of

With a subdued economic environment that was our team we successfully navigated the stormy waters

characterised by Covid-19 regulation lockdowns, the of the year. Having registered at least 92 000 business

Authority delivered a sustained financial performance over the past five years, the businesses registered in this

which affirmed BIPA’s graduation from 100% government Financial Year exceed 10 000 despite Covid-19 lockdowns

dependence in 2017 to self-funding. This was backed by and reduction in economic activity.

our financial results that indicate resilience, operational

progress indicating a notable reduction in operating costs Moreover, a total of 29 650 name reservations were

by N$11 million. While the reduction in operating costs submitted in the 2020/21 financial year, compared to

was pivotal in the recessionary economy that Namibia 25 699 in the 2019/20 Financial Year representing a 15%

finds itself in, the Authority managed to increase its increase in name reservation applications. It is also worth

revenue to N$101.6 million, a 17% increase up from N$87 noting that 11 840 new files were indexed between April

million in the previous Financial Year. 2020 to March 2021 of which 9 088 files were available

upon request while 2726 files were in circulation upon

request. To serve our stakeholders better, BIPA established

“Positive returns were the annual return work stream in February 2021. The

stream was established with the purpose of managing

recorded particularly in annual returns in a more structured and efficient manner,

as well as to cater for the processing and update of legacy

Annual Duties which were annual returns.

the biggest source of To enhance our processes, the Copyright Legal Framework

took centre stage in the period under review. This legal

revenue in the reporting framework will ensure effective and sound protection

of works falling in the copyright protection space. The

period. Revenue streams review of the current Copyright law was necessitated by

the changes in technology that require the protection of

such as ARIPO and Copyright content in the digital environment. It also aims

to promote and stimulate creativity around Copyright.

investment accounts Furthermore, the Authority has finalised the draft

Intellectual Property (IP) Tribunal rules and presented the

performed above budget, said rules to the Ministry of Justice’s Legislative Drafting

department for consideration and drafting. These

providing a timely boost progressive reforms are geared towards enhancing the

delivery of our mandate and to enable us to give more to

for the Authority.” our stakeholders.

10 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

CHIEF EXECUTIVE OFFICER’S OVERVIEW (CONTINUED)

Looking Ahead

We have done much in the past year to strengthen the moral

fibre of the business and regain the trust of our stakeholders.

The coming year will be no different with emphasis on serving

our publics better. While the economic environment is

expected to remain challenging with a long road to recovery

post Covid-19 , it is my utmost belief that we are on track

to build on the positive and sustainable impact that we have

made in this Financial Year. Our future prospects remain

optimistic to optimally use our resources as well as effectively

execute our Corporate Strategy.

Appreciation

I would like to appreciate the support of all our stakeholders,

particularly our employees who have been instrumental in

what we have accomplished in the 2020/21 Financial Year.

Equally, I thank the Board for their guidance and strategic

oversight towards realising our vision for a reimagined

BIPA. Sincere gratitude goes to our Line Minister, Hon. Lucia

Iipumbu for her support and visionary leadership which we

will always cherish.

Vivienne Katjiuongua

Chief Executive Officer

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 11

5 ABOUT BIPA

12 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

“Passion, creativity,

and resilience are the

most crucial skills in

business. If you’ve got

those, you’re ready to

embark on the journey.”

  • Jo Malone

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 13

5.1 OUR BUSINESS MODEL

5.2. Purpose

BIPA is mandated to regulate and administer the registration of business and industrial property in terms of applicable

legislation with the objective of facilitating economic growth and development, promoting investment and creating

employment through enhancing the efficient protection of business and intellectual property in Namibia.

Simultaneously, BIPA is mandated to promote the conduct and use of business and intellectual property in Namibia; facilitate,

streamline, simplify and harmonise the business and industrial property procedures, registrations, filings and searches

to expedite economic growth and development; and to enhance the efficient exchange and distribution of information.

Protection of intellectual property rights encourages innovative economies, enriches individuals and companies, preserves

wealth and saves lives.

BIPA is also tasked with the registration of other forms of companies including Associations not for Gain registered under

Section 21 of the Companies Act, 2004 (Act No. 28 of 2004), Close Corporations and Defensive Names. This function is not

only a vital enabler of a stable and thriving economy, but also contributes to government’s greater developmental goals of

poverty eradication, the alleviation of unemployment and bridging the inequality gap amongst Namibians.

Against this background, the objectives of BIPA as outlined in section 2 of the Act are:

• To foster economic growth and development, and promote investment and employment and the efficient protection

and administration of business and intellectual property in Namibia;

• To consolidate the various offices and officials involved in the registration and administration of business and

intellectual property;

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

and administer the required registers;

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

• To facilitate, streamline, simplify, harmonise and expedite business and intellectual property procedures,

registrations, filings and searches; and

• To enhance the efficient exchange and distribution of information.

14 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

5.2. Vision 5.3. Mission

Our vision is “To be the catalyst of economic We protect intellectual assets and make doing

growth for a transformed business landscape business possible in Namibia.

and an innovative nation.’

5.4. Values

Values are important building blocks to create a high

performance and innovative culture for our people. This creates

a common and shared purpose and encourages the active

participation of each staff member to live our values through

their behaviour and decision making.

Our values are:

• Accountability

• Service Excellence

• Teamwork

• Empowerment

• Integrity

• InnovatiOn

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 15

5.5. Themes

The following themes are strategically important and create distinct focal clusters against which objectives can be

defined:

• Financial Sustainability. BIPA aims to become a self-sustaining public enterprise by improving its revenue

generation.

• Stakeholder Confidence. BIPA is mandated to provide services to its customers and collaborate with its

stakeholders to deliver value to its customers.

• Internal Process and Governance. To ensure that the organisaiton is able to meet the set customers and

stakeholders’ objectives, BIPA has planned to improve its internal processes and governance framework.

• Operational Excellence. BIPA is focused on its core assets, which are its people.

5.6. BIPA Organogram

ORGANISATIONAL STRUCTURE

BOARD OF

DIRECTORS

STRATEGIC SUPPORT FUNCTIONS

CHIEF INTERNAL

AUDITOR, COMPANY

RISK AND SECRETARY

INVESTIGATIONS SERVICES

CHIEF EXECUTIVE

OFFICER

MANAGER:

BUSINESS

STRATEGY

STRATEGIC BUSINESS UNITS [AS PER MANDATE]

EXECUTIVE:

EXECUTIVE: EXECUTIVE: MARKETING, EXECUTIVE: EXECUTIVE:

EXECUTIVE: CORPORATE EXECUTIVE:

INFORMATION & LEGAL & COMPANY INTELLECTUAL BUSINESS

HUMAN CAPITAL COMMUNICATION FINANCE &

COMMUNICATION SECRETARY PROPERTY REGISTRATIONS

MANAGEMENT &CLIENT ADMINISTRATION

TECHNOLOGY SERVICES MANAGEMENT SERVICES SERVICES

SERVICES

16 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

5.7. Legislative and other mandates

It is BIPA’s purpose to administer legislation relating to business registration and intellectual property regulations. Its

mandate encompasses companies, close corporations, trademarks, patents, designs, aspects of copyright legislation and

enforcement of rules and regulations in the following areas of law:

Legislation Mandate

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

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

Register companies, maintain data, regulate governance of and

Companies Act, 2004 (Act No. 28 of 2004) disclosure by companies, resolve disputes, educate and inform about all

laws, non-binding opinions and circulars, policy and legislative advice.

Close Corporation Act, 1988 Register close corporations, maintain data, and regulate governance of

(Act No. 26 of 1988) and disclosure by close corporations.

Industrial Property Act, 2012 Register and protect trademarks, industrial marks, utility models,

(Act No. 1 of 2012) patents.

Copyright and Neighbouring Rights Register copyrights, maintain data, resolve disputes, and provide

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

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 17

6 CORPORATE GOVERNANCE

18 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Resilience is all about

being able to overcome

the unexpected.

Sustainability is about

survival. The goal of

resilience is to thrive 

  • Jamais Cascio

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 19

6.1 BOARD OF DIRECTORS

BIPA BOARD MEMBERS’ QUALIFICATIONS

Mr. Riundja Ali Kaakunga (Othy): Chairperson

Mr. Kaakunga holds an LLM in International Economic Law with

distinction from the University of Warwick, as well as an LLB (Hons).

Mr Riundja has more than 19 years of executive management and

governance experience in areas of Commerce, Trade and National

Quality Infrastructure Development. He was the founding CEO of the

Namibian Standards Institution (NSI).

Dr. Martha Uumati: Vice Chairperson

Dr. Uumati holds a Doctorate of Philosophy in Fisheries Biology

and Fisheries Management from the University of St Andrews,

Scotland (UK) and several undergraduate qualifications in fisheries

Management from the University of Bergen, (Norway). Dr Uumati is

currently the Managing Director of Erongo Marine Enterprises. She

has earned valuable management and governance experience in a

number of high-profile roles.

Mr. Fritz C. Jacobs

Mr. Jacobs is an certified Engineer by profession, he holds a Master

of Science in Engineering from the University of Cape Town (UCT)

as well as a Bachelor of Science degree in Engineering from the

University of Cape Town. He has over 25 years of corporate and

private sector experience, ranging from consulting engineering,

project management and telecommunications. He is Currently the

Chief Operating Officer at Namibia Power Utility (NamPower).

20 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

BIPA BOARD MEMBERS’ QUALIFICATIONS (Continued)

Ms. Lovisa Indongo-Namandje

Ms. Namandje is a legal practitioner by profession and currently

employed as the General Manager: Pension Funds & Friendly Societies

at Namibia Financial Institution Supervisory Authority (NAMFISA).

She holds a Bachelor of Law (LLB) from the University of Namibia as

well as a MSc Degree from Cardiff University, (UK).

Ms. Chaze Nalisa

Ms. Nalisa holds a Bachelor of Commerce from the University of

Namibia as well as an Honours Degree in Industrial and Organisational

Psychology from University of South Africa (UNISA). She is currently

employed by Namibia Investment Promotion and Development Board

(NIPDB). Her area of expertise is Human Resources Management.

Ms. Seno M. Namwandi

Ms. Namwandi holds a Bachelor of Science in Molecular Stellenbosch

University (RSA) as well as a Masters in Intellectual Property from

Africa University, Zimbabwe. She is well versed in Intellectual Property

rights.

Mr. Ignatius K. Thudinyane

Mr. Thudinyane holds a B. Com Hons. Economics from the University

of South Africa (UNISA) and an LLB from the University of South Africa

(UNISA). His expertise includes Finance, Economics, law and ensuring

adherence to best practice in Corporate Governance.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 21

6.2. Board governance structure

BIPA’s governance structure is similar to that of other Public Enterprises in that the BIPA Board reports to a Line Ministry,

which is the Ministry of Industrialisation and Trade. The CEO of BIPA reports to the Board as part of senior management.

6.3. Powers

The role, function and powers of the Board, its members and committees, and its relationship to other structures of BIPA

are determined by law, the Governance Framework, corporate governance best practices, the enabling Act, and decisions

and policies of the Board. The Board is responsible for the strategic direction and control of BIPA and has the power to make

any decision in respect of the institution, in as far as their powers and fiduciary duties extend. The Board is responsible for

collectively promoting and safeguarding the long-term success of BIPA. It manages the affairs of BIPA:

• In the best interest of BIPA, with due regard to the interests of its stakeholders; and

• In compliance with Namibian legislation, principles of sound corporate governance and Board policies.

6.4. Roles and responsibilities

It is the responsibility of the Board to guide BIPA to achieve its purpose by the powers conferred on it by the enabling Act,

the Board Charter and other Board decisions and policies. The Board delegates day-to-day management and administration

of BIPA to the CEO, who is supported by Executive Management. The CEO is accountable to the Board.

The following powers are reserved for the Board:

• Appointing the CEO;

• Approving the annual budget, annual business plan and strategy;

• Approving the annual procurement plan;

• Establishing sub-committees of the Board;

The Board has the power to make rules relating to:

• the convening of, and procedures at meetings of the Board or a committee of the Board;

• the management of the affairs of BIPA and execution of its functions;

• any matter which in terms of the BIPA Act is required or permitted to be prescribed by rules;

• generally, any matter which the Board considers necessary to give effect to the objectives of BIPA;

Furthermore the Board has the responsibility of:

• Approving policies, including those relating to remuneration and investment;

• Remuneration of the CEO and Executive Management members;

• Approval of BIPA’s organisational structure, including creating new positions and their grading;

• Approval of Annual Reports including Annual Financial Statements.

The Board delegates various other matters to the Board Committees, as specified in the Terms of Reference of each

committee. The Board Chairperson is responsible for setting the ethical tone of the Board and the Authority, and providing

overall leadership, overseeing the development of the Board plan and presiding over Board meetings.

22 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

6.5. Board performance assessment

The BIPA Board concluded a Governance Agreement and Performance Agreement with the Minister responsible for the

Registration of Business and Industrial Property, in terms of the State-owned Enterprises Governance Act, 2006 as amended

by the SOE Governance Amendment Act, 2015 (Act No. 8 of 2015) and the Business and Intellectual Property Act, 2016 (Act

No. 8 of 2016). The Board’s performance is assessed against Key Performance Indicators (KPIs) identified by the Minister.

6.6. Board training and development

The Board is committed to ensuring that it has the right balance of skills, experience and diversity. Therefore, continuous

training, education and development is made available to Board members. To ensure training is relevant, a needs assessment

and gap(s) identification survey is regularly undertaken.

Board training and development events which took place in the 2021 financial year.

Event Date

Strategic workshop 1 – 4 December 2020

Board induction 03 November 2021

Benchmarking Visit to various Jurisdictions with similar mandates March 2022

6.7. Attendance

Human

Finance, Risk Governance, Strategy, Projects

Resource and

Board Meeting and Audit Legal and Ethics and Procurement

Board Member Remuneration

(4 Meetings) Committee (4 Committee (4 Committee (3

Committee (4

Meetings) Meetings) Meetings)

Meetings)

Kaakunga 4/4 N/A 4/4 4/4 3/3

Uumati 1/4 3/4 N/A N/A 1/3

Indongo-Namandje 3/4 4/4 2/4 4/4 N/A

Namwandi 4/4 N/A 2/4 4/4 3/3

Thudinyane 4/4 4/4 N/A 0/4 N/A

Jacobs 2/4 3/4 0/4 N/A 0/3

Nalisa 3/4 N/A 4/4 N/A N/A

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 23

6.8. Board Committees

In terms of the governance framework, and in terms of delegated authority from the Board, the Board may determine what

matters are reserved for final decision-making by the Board or Board Committees as opposed to those that require the

Board’s or Board Committees’ consideration before a final decision is made. All other matters, not specifically reserved by

the Board and as stipulated in the delegation of authority, are delegated to the Chief Executive Officer (CEO) subject to the

obligation to report all material matters to the Board.

In the year under review, all four Board Committees’ Terms of Reference were reviewed and approved by the BIPA Board at

its 3rd quarterly board meeting held on 15 March 2021. These Terms of Reference set out duties and responsibilities of the

Board Committees without giving the Board such powers. They also affirm the composition and meeting procedures of the

Committees.

The sub-committees of the Board are:

• Finance, Risk and Audit Committee (FRAC);

• Human Resource and Remuneration Committee (HRRC);

• Governance, Legal and Ethics Committee (GLEC);

• Strategic Planning and Projects Committee (SPPC).

6.8.1 Finance, Risk and Audit Committee (FRAC)

Chairperson of the FRAC: Mr Ignatius Thudinyane

The purpose of the Finance, Risk and Audit Committee (FRAC) is to oversee

responsibilities relating to financial planning, audit processes, financial reporting, the

system of corporate controls and risk management, and to make recommendations

to the Board for approval when appropriate. In the process of overseeing BIPA’s audit

procedures, FRAC is given the necessary resources to carry out its responsibilities,

including the authorisation to engage independent counsel and other advisors.

6.8.2 Human Resource and Remuneration Committee (HRRC)

Chairperson of the HRRC: Ms Chaze Nalisa

This committee is responsible for developing formal and transparent policies and

procedures on BIPA remuneration, and for determining the remuneration packages

of BIPA Management. The Committee upholds the principle that the financial reward

offered should be market related to attract highly qualified employees to enable the

institution to fulfil its mandate.

24 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

6.8.3 Governance Legal and Ethics Committee (GLEC)

Chairperson of the GLEC : Ms Lovisa Indongo-Namandje

The Governance Legal and Ethics Committee (GLEC) provides legal support to the

Board. The primary role of the GLEC is to deliberate, consult, comment and assist the

Board regarding existing and pending legislation and other legal matters.

6.8.4 Strategic Plan and Project Committee (SPPC)

Chairperson of the SPPC: Dr Martha Uumati

The Strategic Plan and Project Committee (SPPC) discusses, formulates, recommends

and provides advice for strategic and operational implementation of key objectives on

all capital and maintenance project related matters.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 25

7 INTERNAL AUDIT AND RISK MANAGEMENT

26 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Resiliency is the

ability to spring back

from and successfully

adapt to adversity.

  • Nan Henderson

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 27

7 INTERNAL AUDIT AND RISK MANAGEMENT

The Authority’s risk management goal is premised on the need to ensure the proactive identification, understanding and

assessment of risks. In the reporting period, the Authority made significant progress in the development of a tailored risk

management process, streamlined to our requirements. At all times, the risk management approach is pragmatic and value

oriented. This is achieved through the integration of robust risk assessments as part of the routine decision-making process.

In essence, the Authority prioritised its ability to tolerate and accept a certain amount of risk in order to achieve its strategic

goals, the development of risk registers and the attachment of weightings and significance to the identified risks. Constant

evaluation and re-rating of identified risks, and mitigation of identified risks remains an on-going process.

7.1. Risk oversight

To ensure that risks are well managed at BIPA, the Board, through the Finance Risk and Audit Committee (FRAC) ensures an

oversight role and the processes by which the Authority manages and mitigates business risks. The governance processes

within BIPA include elements such as definition and communication of corporate control, key policies, Enterprise Risk

Management (ERM), regulatory and compliance management and oversight. FRAC thus creates a layer of oversight that is

pivotal in protecting the Authority against various risks.

7.2. Risk response

In the 2020/21 Financial Year, BIPA managed to respond effectively to a majority of its emerging risks. The Authority was

confronted with 33 corporate risks in total. Of these, 58% were mitigated and closed, 9% are in progress, 3% are planned and

30% of the risks are behind schedule. This reality is depicted in the chart below:

PROGRESS OF RISK IMPLEMENTATION FOR THE 2020/21 FY

30%

58%

3%

9%

Final test and maintain In progress Planned Behind schedule

28 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

7.3. Towards enhanced risk management

To enhance the management of risk within the Authority, a number of initiatives have been introduced over the past five years.

Apart from a fraud hotline, a workflow as part of the process re-engineering project was developed and implemented. Risk

management efforts were extended through providing training on all policies as soon a policy was approved; developing and

implementing a policy development guide; developing standard operating procedures for BRS; developing and implementing

a change management framework; enhancing controls and audit trails related to user access across all systems; enhancing

systems security procedures for accessing information and improved physical security over all documents and files.

7.4. Internal audit

The Internal Audit function independently audits and evaluates the effectiveness of the risk management, internal controls

and governance processes in BIPA. In addition, Internal Audit provides consulting services to add value to the Authority’s

operations, promote high standards of corporate governance and risk management in BIPA and to lead with innovative and

best practices and approaches. The function also helps co-ordinate and promote a risk culture to ensure that all irregular

activities are investigated.

During the year, Internal Audit focussed on implementing and testing the Business Continuity (BC) plan, continuously updat-

ed the corporate risk register, implemented the Audit Plan.

Equally, the division conducted four audits, namely the procurement processes audit, payroll processes audit, the on-going

projects governance audit and the special investigation reports audit.

7.5. Legal advice and company secretarial service

The division performs two key responsibilities for the Board and Executive Management which are legal advisory services,

and secretarial and governance services. In rendering secretarial and governance services, the division reports to the Board

and the Board Committees, specifically the Governance, Ethics and Legal Committee (GELC) and the Human Resources and

Remuneration Committee (HRRC).

In the period under review, the division provided secretarial support to the Board and its committees, developed Board char-

ters and Board Committee Terms of References, developing Board performance and governance agreements, and setting key

performance indicators to measure Board performance. Furthermore, the division was also instrumental in assessing Board

training needs and facilitating training.

7.6. Future outlook

The Risk Management function is well established, and tasks related to compliance and risk management have been planned

for implementation during the next financial year.

In executing the legal services responsibility, the office continued to effectively execute the following functions:

• Reviewing legislation;

• Enabling the Authority to better regulate BIPA-related services in terms of the applicable legislation adminis-

tered by BIPA;

• Ensuring that BIPA defends or opposes litigious actions against it;

• Providing legal advice and support regarding the Authority’s operations;

• Providing advice to the Board, the office of the CEO and its business units/departments on all laws applicable

to the registration and administration of Intellectual Property and Businesses administered by the BIPA, as well

as on any other relevant laws.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 29

8 EXECUTIVE MANAGEMENT

30 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Strength and growth

only come through

perseverance 

  • Bernard Nolan

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 31

8.1 EXECUTIVE MANAGEMENT TEAM

The following members held executive positions during the financial year 2020/2021:

Vivienne Katjiuongua Immanuel Haihonya Jones Lubinda

Chief Executive Officer (CEO) Acting Executive: Executive:

Human Capital Management Finance and Administration

Ainna Kaundu

Veiko Muronga Laura Tjombonde

Executive:

Executive: Information and Executive:

Intellectual Property Service

Communication Technology Business Registration Services

Vacant Ockert Jansen

Chief Legal and Company Secretary Executive: Marketing,

Corporate Communication and

Client Management Services

32 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

8.2. Office of the Chief Executive Officer

The CEO or the person acting in this position is responsible

for executing the operations of BIPA. The CEO is responsible

for implementing the Strategy set by the Board and ensures

that:

• Proper accounting and audited records are kept;

• Financial statements and a report on the activities of

the organisation are submitted to the Minister of

Trade and Industrialisation and the Minister of

Public Enterprises;

“The CEO is

•

•

Risks within the organisation are managed;

Relevant legislation is complied with;

responsible

•

•

Relevant technology and processes are in place;

The employees are appropriately skilled;

for implementing

•

•

Stakeholder relationships are effectively managed;

Relevant Board approved policies are in place, and

the Strategy set

• Best practices in governance are in place. by the Board”

The CEO also serves as the Registrar of Business and Industrial

Property in terms the BIPA Act, 2016 (Act No.8 of 2016) and

is entrusted with the day-to-day running of a sound entity

that enhances the efficiency and effectiveness of business

and IPR protection through registration in Namibia. Together

with the executive management team, the CEO guides the

implementation and successful execution of BIPA’s strategic

vision, objectives and activities.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 33

9 REGULATORY UPDATE

9.1. Development of the Copyright Bill

The development of a Copyright Legal Framework took centre stage in the period under review. This legal framework will

ensure the effective and sound protection of works falling within the copyright protection space. The repealing of the current

Copyright and Neighboring Rights Protections Act, 1994 (Act No. 6 of 1994) is necessitated by the changes in technology that

require the protection of copyrighted content in the digital environment. It also aims to promote and stimulate creativity

around copyright. To ensure stakeholder consultation and engagement, the Authority held regional consultations on the

Copyright Working Document in all 14 regions from 5 to 29 March 2021.

The objective of this exercise was to:

• Raise awareness on the Copyright Act Review process and to educate and inform the general public on the new

proposed changes contained in the working draft.

• Discuss the impact of the working document on society, the relevance and the benefits of having a comprehensive

copyright law.

Consultations were further aimed at garnering inputs and comments from the general public and interested parties on the

draft working document with the fundamental objective of creating a balanced copyright legal framework.

The sessions were cumulatively attended by more than 400 people, although individuals sessions were within the parameters

of the Covid-19 regulations. The attendees were from various sectors such as teachers, business owners, artists, librarians,

traditional authorities, law enforcement officers, cultural workers, film producers, and media and legal experts. The picture

below shows some of the attendees during the consultative sessions.

34 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

9.2. Review of the Companies and Close Corporations Acts

BIPA is in the process of developing a new Business Entity Legal Framework in terms of Section 5(1)(j) of the Business and

Intellectual Property Authority Act, 2016 (Act No. 8 of 2016). A comprehensive legislative review project plan was approved

by the Board in the previous Financial Year and management has procured the services of a legal drafter. In the reporting

period, the drafter commenced with the review of documents as per the work plan.

9.3. Industrial Property Tribunals

Furthermore, BIPA finalised the draft Intellectual Property (IP) Tribunal rules and presented these to the Ministry of Justice

for final consideration and approval.

The rules were also shared with stakeholders for input and comments. After the input and comments were incorporated in

the rules, it was submitted to the Government legal drafters.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 35

10 TOWARDS ENHANCED STAKEHOLDER CONFIDENCE

10.1 Overview

Sustainable value creation depends on successful engagement with stakeholders. Using our values as the basis of all

stakeholder exchanges, BIPA’s Marketing, Corporate Communications and Client Services Department aimed to engage

proactively with those who impact the Authority. In the reporting period, the department prioritised the promotion of

stakeholder confidence, a key pillar of BIPA’s five-year strategic plan.

BIPA values the importance of positive engagement and collaboration with all stakeholders in order to support the

development of the industry throughout the country. Being in an industry that plays a pivotal role in economic development,

it is important that all players within the sector fully appreciate their importance.

The Authority’s approach to stakeholder engagement is aimed at building and maintaining sound, transparent relationships

that help BIPA achieve more and do better. The goal of engagement initiatives is to understand stakeholder needs and

expectations and respond accordingly.

10.2. Building lasting relationships

For the period under review, the department managed to successfully engage 29 key stakeholder groups. Engagements were

targeted at BIPA clients, business registration consultants, accounting and auditing firms, inventors and innovators, IP lawyers

and consultants, the media and relevant Ministries to name a few. The BIPA CEO further ensured regular communication and

meetings with the BIPA board, the Ministry of Industrialisation and Trade, and staff members.

36 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

The objectives of all stakeholder engagement activities were:

• To adopt a proactive role in communicating with our internal and external stakeholders

• To establish a clear understanding and awareness of the role of the Authority among key target audiences

• To ensure that honest, accurate information is delivered in an open, effective and timely manner

• To be the central contact point, both internally and externally, for information on issues concerning the overall work

and objectives of the Authority

Apart from engaging stakeholders on a departmental level, the Marketing, Corporate Communications and Client Services

division made pertinent efforts to maintain two-way communication with the media. This was achieved through consistently

keeping media houses and journalists informed of activities happening at the Authority, actively responding to their requests

for information and inviting them to important events.

Due to the Covid-19 limitations on physical engagements during the financial year, the department made an improved

effort to enhance its social media communication with stakeholders. During year under review, the BIPA grew its Facebook

followership by 47% and its Twitter followership with 50%. Stakeholder engagements on the BIPA website increased by 103%.

Unfortunately, due to the lockdowns and limitations posed by the outbreak of the Covid-19 pandemic in 2020, BIPA was

forced to minimise its physical meetings and consultations, which affected the implementation of its stakeholder engagement

plan adversely.

10.3 Strengthening the BIPA brand

The reporting period also saw that Authority embark on an information campaign to address reputational issues which had

surfaced in the media. During 2020, as BIPA was in the process of digitalising, automating and e-streaming our services,

the Authority experienced challenges and growing pains that negatively affected client satisfaction and by default, had an

impact on public confidence and trust. These challenges, together with the impact of the Covid-19 pandemic, led to negative

publicity in the media in June 2020.

To counteract the negative publicity, BIPA made deliberate efforts to enhance its communications with the public, through

the media. The Marketing team distributed media releases to media institutions highlighting BIPA’s positive contributions

towards the Namibian economy. The team was especially successful in attracting media interviews and publicity regarding

the BIPA countrywide roadshow on the review of the Copyright Act in March 2021.

10.4. Customer service plan

The Authority has been in the process of implementing various initiatives to enhance the experiences of our clients with our

services. While the Customer Service Charter and Standard Operating Procedures are already adopted to ensure efficiency

and consistency of services rendered, the Queue Management System is in the implementation stage to efficiently manage

client queues, provide comfort and convenience to customers as they queue and enforce social distancing. Apart from this,

the business registration online services as well as the call centre are already both operational to allow customers to find

greater convenience in accessing BIPA services. To further enhance our customer service quality, the CRM system is in the

implementation stage under the ERP project, which will allow BIPA to log customer complaints, track them and manage them

efficiently. Also in the implementation stage is the automated customer notifications (SMS and email) services, which will

allow BIPA to notify clients of the status of their applications at every stage of processing so that they do not have to call or

visit the office personally.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 37

10.5. Strategic partnerships

In a bid to strengthen and create more strategic partnerships, the Authority and the Namibia Competition Commission

(NaCC) signed a memorandum of understanding (MOU) on 05 March 2021 in Windhoek. The agreement enabled the two

institutions to share data regarding the activities of business establishments, especially pertaining to restrictive business

practices and the competitiveness of industries. The objective of the MoU was to establish a management framework

between the NaCC and BIPA regarding the sharing of information on the parties’ systems. Cooperation between the

institutions ensure that business entities in Namibia have equitable opportunity to participate in the economy. It further

ensures that businesses are legally registered in an effort to drive business development in the country.

The MoU was entered into between, Vivienne Katjiuongua, Chief Executive Officer and Registrar of the Business and

Intellectual Property Authority and Vitalis Ndalikokule, Chief Executive Officer and Secretary to the Commission.

10.6. Future outlook

BIPA experienced a challenge in measuring its client satisfaction due to the absence of an efficient measurement model.

Satisfaction in the reporting period was measured by means of a monthly paper-pencil survey and a quarterly Facebook

satisfaction survey where customers would rate their level of satisfaction. A measurement framework has since been

developed and approved for implementation in the FY 2021/22. Furthermore, the Authority plans to obtain a CRM system

to help with logging, tracking and managing queries and complaints efficiently. This is coupled with relocating the Client

Services division to a premises in Robert Mugabe Avenue to provide a spacious and customer friendly service centre for

customers. Lastly, more customer outreach projects are planned for the coming Financial Year to educate customers on BIPA

services.

38 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11 OUR CORE FUNCTIONS

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 39

In the middle

of difficulty lies

opportunity

-Albert Einstein

40 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.1 BUSINESS REGISTRATION

11.1.1 Overview

The business registration department of the Authority delivers one of the core functions of the organisation, which is to

facilitate and promote the efficient and effective registration of businesses and to keep and administer the relevant registers.

This is guided by Section 5(b) of the Business and Intellectual Property Authority Act (Act No. 8 of 2016) which mandates

BIPA to regulate and administer the registration of businesses under the applicable legislation as follows:

DOMAIN NATIONAL LEGISLATION

Companies Act, 2004 (Act No. 28 Of 2004)

Provides for the establishment of the company registration office, appointment

Company Registrations

of the Registrar and for the incorporation, management and liquidation of

companies and incidental matters.

Close Corporation Amendment Act, 1994 (Act No. 8 Of 1994)

Provides for the establishment of the Close Corporation registration office,

Close Corporations appointment of the Registrar and the formation, registration incorporation,

management, control and liquidation of close corporations and for matters

connected therewith.

The Financial Intelligence Act, 2012 (Act 13 of 2012).

In terms of Section 4, the Registrar of Companies and Close Corporations

Companies and Close Corporations

annually collects and keeps accurate and up-to-date prescribed information

and report as required.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 41

11.1.2 Operational structure

To execute its role effectively, the Business Registration department has four divisions under it which ensure the execution of

the relevant Acts. They are as follows:

The New Business Registration Division Regional Business Registrations Division

Administers the registration of businesses for regional

• Administers the registration of new Company clientele. Functions performed are:

applications

• New business registration

• Administers the registration of new Close Corporations

• Maintenance and compliance

• Facilitates the online registration of businesses

• Annual returns, deregistrations and liquidations

• Facilitating record requests

• Dealing with general client enquiries

Maintenance and Compliance Division Annual Returns, Deregistrations and Liquidations

• Administers the function of maintenance / amendments • Administers the deregistration, liquidation and

of existing companies and Close Corporations. restoration functions of entities

• Administers the Annual Return function of the

entities

11.1.3 Strategic orientation

In the reporting period, the department focused on various strategic objectives. The table below depicts these objectives

and their outcomes.

Key Activity Deliverable Targets Category % Completed

• The department was expected

to contribute towards drafting a

concept paper on Business and • 80% target achieved

Contribute to knowledge-based

Intellectual Property Registration, Economic Growth • The draft concept paper was submitted

economy.

towards building a knowledge- to the GLEC

based Economy by 29 February

2021.

• The Department was tasked • 90% target achieved

Implement Stakeholder Stakeholder

with conducting stakeholder

Engagement Plan engagement • 90% stakeholders engaged

engagements by 31 March 2021.

This activity was executed ahead of target

• The department was tasked with Legislative date and the forms gazetted in October

ensuring the gazetting of revised alignment to 2020. Usage of forms commenced on 01

Amend Regulations (Companies

Company and Close Corporations national, regional November 2021 and compliance with the

& Close Corporations fees)

Forms reflecting the amended and international usage of forms is enforced and monitoring

fees by 31 December 2020. obligations and evaluation is implemented across all

processes to ensure compliance.

(a) Draft Companies Amendment • Legislative

The Department was tasked Target not achieved due to service delivery

Bill; Alignment to

with conducting stakeholder issues on the side of contracted service

National Regional

(b)Draft Close Corporation engagements on the draft bill by provider. Activity deferred to 2021/22

and International

Amendments 31 March 2021. financial year.

Obligations

42 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

100% completed and 3 SOP manuals

developed and approved by EXCO by

Develop and implement • The department was tasked with November 2021. They are: Names &

standard operating procedures developing and implementing Efficient Service Defensive Names, Close Corporations and

(SOPs) that are compliant with three SOP manuals by 31 Delivery Company Registrations. All SOPs have

relevant laws, December 2020. been implemented and reviewed. Further

improvements will be made in the new

financial year.

Efficient Service

The Department was tasked with

Implement the Customer Delivery and 100% of task completed, and 66% customer

achieving 65% customer satisfaction

Management Plan Customer satisfaction achieved.

by 31 March 2021.

Satisfaction

The department was tasked with Efficient Service

Accuracy of business information

achieving 60% for completeness Delivery and Target not achieved; objective cannot be

on ICRS system as per the audit

of BR data, in order to ensure data Customer measured at this stage.

trail report

credibility. Satisfaction

The department was tasked with

Improve turn-around time to Efficient Service

achieving an average turnaround time

approve business registrations Delivery and Target not achieved. Average registrations

of 5 days on all business registration

for Companies and Close Customer are done in 7.8 days.

applications by 31 March 2021,

Corporations Satisfaction

towards improved service delivery.

One office was setup, while the online

In partnership with the Ministry The department was tasked with

Efficient Service registration system, ICSF, was implemented

of Industrialisation and Trade, implementing the Decentralization

Delivery and in all the regions. The system however

move towards implementing Plan to ensure accessibility of Business

Customer only caters for new business registration

Phase 2 of the Decentralization Registration Services at two MIT (2)

Satisfaction applications. The Company registration

Plan. Regional offices by 31 March 2021.

module is yet to be deployed.

11.1.4 Business Registration trends

Over the past five years, BIPA has been instrumental in registering businesses in Namibia, thereby contributing to the

economic development of the country. Between 2016 and 2021, the Authority registered 92,674 businesses. Of the total

number of registrations, Close Corporations account for the highest number of registrations at 67,078 (73%). Overall,

the number of registered businesses steadily declined in the past five year strategic period. In the 2016/17 financial year,

with the beginning of the Strategic Period under review, registrations declined by 18%, followed by another decline in the

2017/18 financial year of 7%. The subsequent period saw a decline in registrations of 23%, whereas 2019/20 saw a decline

of 6%. 2020/21 saw a decline in registrations of 17%. This is illustrated in the table below:

Total

Registrations

2015/2016 to

Organization Type 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2020/2021 % Movement

Section 21 166 213 184 188 182 199 1,132 20%

Close Corporation 16,589 12,551 11,549 8,436 8,855 9,098 67,078 -45%

Company 1,409 1,140 1,153 1,050 852 760 6,364 -46%

Defensive Name 4,042 4,281 3,988 3,378 2,332 22 18,043 -99%

Foreign 8 12 12 11 4 10 57 25%

Total: 22,214 18,197 16,886 13,063 12,225 10,089 92,674 -55%

% Movement

on Annual

Registrations -18% -7% -23% -6% -17%

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 43

Indeed, the decline in the number of registrations over the strategic period can be attributed to the subdued economic

climate that Namibia has been facing. However, during the reporting period, the decline in number of business registrations

can be attributed to the Covid-19 Pandemic and resultant lockdowns.

Overall, the decline in registrations on specific business types can be noted on Close Corporations that dropped by 45%,

Companies by 46% as well as Defensive Name Registrations that declined by 99%. The Defensive Name decline commenced

following the issuing of a Registrar’s Directive on Defensive Name Registrations, stating that pursuant to the provisions of

section 49(2) of the Companies Act, 2004, persons will no longer be able to trade with defensive names, and as such has the

option to convert their existing Defensive Name into either a Close Corporation or a Company.

11.1.5 Transactions processed

The Authority registers Companies (non-profit associations, limited, private and external companies), Close Corporations as

well as Defensive Names. During the lifespan of a registered entity, the business may lodge an application for amendments,

conversions from one type of entity to another, deregistration, or restoration, as prescribed. During the period under review,

the Authority received and processed a total of 154,454 business registration and related transactions compared to 155,084

in the 2019/20 financial year, representing a 0.004% decline in total transactions between the two financial periods.

TRANSACTIONS PER QUARTER

60,000

49,542

50,000

44,557

40,000

29,835 30,520

30,000

20,000

10,000

Q1 Q2 Q3 Q4

11.1.6 New business registration

For the period reporting the Authority registered 10,089 new businesses on its Integrated Companies Registration System,

ICRS. Close Corporations represent the highest number of registrations for the year at 9,089 (representing 90% percent of

total registrations for the year).

NUMBER OF REGISTRATIONS PER ENTITY TYPE AND % REGISTRATION

PER ENTITY TYPE 2020/21

12000

Number of registarations per entity type

10,089

10000

9,098

2000 Total Per entity type

760 8%

199 2% 90% 22 0% 10 0% 100% % per entity type

n2

tio

n

an

y me gn tal

o ora mp

a rei To

cti rp Co eN Fo

Se o nsiv

s eC efe

Clo D

Entity Type

44 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.1.7 Name reservations

A total of 29,650 Name Reservations were submitted in the 2020/21 financial year, compared to 25,699 in the 2019/20

financial year representing a 15% increase in name reservation applications during the financial year.

NAME RESERVATIONS FOR THE 2020/21 FINANCIAL YEAR

35,000

29,650

30,000

25,699

25,000

20,000

15,000

10,000

3,951

5,000

2020/21 2019/20 Total increase % increase

11.1.8 De-registrations, restorations and dissolutions

A total of 178 deregistrations, restorations and dissolutions were recorded in the period under review which were the lowest

over the five-year strategic period. For the past five years, the Authority deregistered 3,563 Close Corporations and 1,071

Companies, while 34 entities were restored and 123 were liquidated. The highest number of deregistrations was in 2017

when 955 CC’s and 255 Companies were deregistered, whilst in 2018 the highest number of liquidations were recorded at

79.

DEREGISTERED TOTAL

CLOSE DEREGISTERED DISSOLUTIONS TRANSACTIONS

DATE CORPORATIONS COMPANIES RESTORATIONS /LIQUIDATIONS PER YEAR

Total 2016 591 194 2 0 787

Total 2017 955 255 5 12 1227

Total 2018 845 184 9 79 1117

Total 2019 652 212 8 27 899

Total 2020 416 156 8 3 583

Total 2021 104 70 2 2 178

TOTAL PER TRANSACTION

FOR THE PERIOD

2016 - 2021 3,563 1,071 34 123 4,791

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 45

11.1.9 Annual returns

BIPA established the Annual Returns Work Unit in February 2021. The unit was established with the purpose of managing

annual return payments in a more structured and efficient manner, as well as to cater for the processing and updating of

legacy annual returns. The authority on average receives about 4500 annual return submissions monthly.

The key responsibilities of the unit are to:

• Serve as a bulk submission desk for annual duties

• Serve as enquiry desk for legacy annual return submissions, and

• Process legacy annual returns

The authority currently holds an annual returns backlog of about 25000 records; that requires processing, updating and

filing, to ensure data credibility, as well as to pave the way for the much-needed automation of the annual duty submission

functionality.

11.1.10 Registrar’s Directives

During the financial year under review, the Registrar issued four directives. Registrar’s Directives are legally binding

administrative decisions taken by the Registrar, as empowered within its administering legislations, to ensure the effective

and efficient streamlining of business registrations within BIPA. These four directives included:

• a Directive on the Lifespan of Submitted Applications, which was issued for the purposes of providing information

on the lifespan and validity of documentation submitted to BIPA, as well as the disposal of such documentation

where it was deemed unsuitable for record keeping.

• a Directive on Information Sharing Relating to BIPA Operations, which was issued for the purposes of introducing

BIPA’s digital services

• a Directive on important information relating to the registration and renewal of defensive names, which was issued

for the purposes of providing clarity on the registration and renewal of Defensive Names as prescribed by the law,

and

• a Directive on Amendments to Company Files Records, which provided information to the public on requirements

for fulfillment when submitting an application for amendments to BIPA.

46 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.1.11 Engaging strategic stakeholders

The department undertook deliberate steps to engage its various stakeholders in a bid to leverage on smart partnerships,

with the aim of improving service delivery. Engagements for the reporting period were as follows:

NAME OF DATE OF ENGAGEMENT STRATEGY/TYPE OF IMPACT

STAKEHOLDER, ENGAGEMENT ENGAGEMENT

ORGANISATION,

GROUP, OR

INDIVIDUAL

Inland Revenue 22/09/2020 Virtual engagement on the ICSF-system, • Awareness of the ICSF-system

progress related to and related changes in BIPA

documentation generated through ICFS

BIPA’s Data Assurance Project, the change in

format of CC documents generated via ICSF, • Clarification on the future of Defensive

and the Directive on Defensive Names Names following the Registrar’s

Directives.

Private Sector

NAMFISA 01/10/2020 Virtual engagement on the ICSF-system, • Awareness of the ICSF-system

progress related to and related changes in BIPA

documentation generated through ICFS

BIPA’s Data Assurance Project, the change in

format of CC documents generated via ICSF, • Clarification on the future of Defensive

and the Directive on Defensive Names Names following the Registrar’s

Directives.

Social Security 02/10/2020 Virtual engagement on the ICSF-system, • Awareness of the ICSF-system

Commission progress related to and related changes in BIPA

documentation generated through ICFS

BIPA’s Data Assurance Project, the change in

format of CC documents generated via ICSF, • Clarification on the future of Defensive

and the Directive on Defensive Names

Names following the Registrar’s

Directives.

First National Bank 02/10/2020 Virtual engagement on the ICSF-system, • Awareness of the ICSF-system and

progress related to related changes in BIPA documentation

generated through ICFS

BIPA’s Data Assurance Project, the change in

format of CC documents generated via ICSF, • Clarification on the future of Defensive

and the Directive on Defensive Names

Names following the Registrar’s

Directives.

NAMPOST 06/10/2020 Stakeholder engagement to discuss the • Awareness of the ICSF-system and

possibility of a smart partnership between related changes in BIPA documentation

BIPA and NAMPOST, towards generated through ICFS

realising BIPA’s • Clarification on the future of Defensive

Names following the Registrar’s

Decentralization plan. Directives.

Bank Windhoek 06/10/2020 Virtual engagement on the ICSF-system, • Awareness of the ICSF-system and

progress related to related changes in BIPA documentation

generated through ICFS

BIPA’s Data Assurance Project, the change in

format of CC documents generated via ICSF • Clarification on the future of Defensive

Names following the Registrar’s

Directives.

11.1.12 Response to the Covid-19 pandemic

With the advent of the Covid-19 pandemic in March 2020, and the resultant lockdown in April, BIPA was faced with significant

operational challenges in its efforts to remain operational and continue rendering services, albeit the lockdown. As a result

of the lockdown, the Authority was forced to not only discontinue cash payments and quarantine all physical applications

submitted for a period of 48 hours; but to also roll out its on-line services, despite the platform not being fully functional.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 47

The roll-out was done to provide a platform for clients to continue submitting applications, from the convenience of their

homes or offices; without having to make the trip to BIPA; and in so doing reducing human interaction. Because the online

system was not fully functional when it was launched, significant challenges were experienced for the client, and on the

back-end of the BIPA interface. In addition to the online services, the Authority also implemented an email submission

process to further eliminate the need for clients to visit the office in person.

Similar to the online process, the e-mail submission process posed challenges in that a significant volume of applications were

submitted either without the required supporting documentation, or in the wrong format, hence rendering the applications

invalid for processing. This was also the case for applications that were submitted in bulk - a process that required significant

time and resources to print, sort and unbundle applications, and which affected the resource pool negatively.

Online submissions processed in the reporting period

Row Labels Name Reservations Close Corporations Defensive Names Grand Total

Received Total 2,462 771 139 3,372

Processed Total -1,931 -626 -117 -2,674

% Processed 78.43 81.19 84.17 79.3

During the lockdown period, there was a notable spike in applications brought on by job losses in specific economic sectors;

forcing people to seek entrepreneurship opportunities. This further increased the pressure on BIPA in so far as it concerned

the handling in the spike in business applications.

11.1.13 Future outlook

In the coming financial year, BIPA plans to continue with the implementation of the decentralisation plan to take its services

closer to the people, with phase one involving the operationalisation of the Walvisbay office. The Authority will also seek

to enhance process optimization through continued process reengineering and to automate the core business processes.

The Authority is also in the process of developing a new business registration system (IBRS) and in so doing ensuring that

all business processes are automated, to improve service turnaround times and customer satisfaction. Apart from this, BIPA

will ensure improved stakeholder relationships through continuous dialogue and engagements to keep abreast of the needs

of the business community and stakeholders involved in business registration. It will further ensure the accuracy of business

information on the Integrated Companies Registration System (ICRS), through implementing projects earmarked at ensuring

data assurance. Lastly, the Authority seeks to ensure a reputable business and IP environment through the review of the

relevant legislations, with the view to improve the ease of doing business in Namibia.

48 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.2 INTELLECTUAL PROPERTY

11.2.1 Overview

The Intellectual Property Services Division has the key responsibility to administer and register intellectual property (IP)

rights in Namibia. In essence, the office promotes the generation, utilisation, commercialisation and protection of IP; and

contributes to developing the domestic, regional, and international IP legal frameworks. Thus, the department’s focus

remains on delivering outstanding service to its clients through the administration and registration of IP rights; and building

an IP-conscious society through various targeted stakeholder engagements.

Namibia continues to receive IP applicants through regional and international filing systems. Over 2020/21 FY, BIPA has

registered a total number of 4942 new IP rights: of which 83.3 % are trademarks, 11.3% Patent, 3.3% industrial designs and

2,1% Copyright. At the time of reporting, BIPA database has 108 523 valid IP rights, of which 93% are for trademarks and

7% is other IP rights.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 49

11.2.2 Legal IP framework

Domain National legislation Regional instrument International instrument

Intellectual Property Rights Business & Lusaka Agreement Convention Establishing the World

Intellectual Property on the Creation of Intellectual Property Organization

Authority Act, 2016 the African Regional

(Act 8 of 2016) Intellectual Property

Organization (ARIPO)

Industrial Property Rights Industrial Property Banjul Protocol on Paris Convention for the Protection of

(Trade Marks, Industrial Act, 2012 (Act No 1 Marks (ARIPO); Industrial Property (WIPO);

Designs, Patents & Utility of 2012)

Models) Harare Protocol on Trade-Related Aspects of Intellectual

Patents and Industrial Property Rights (WTO);

Designs (ARIPO)

Madrid Agreement Concerning the

International Registration of Marks (WIPO);

Protocol Relating to the Madrid Agreement

Concerning the International Registration of

Marks (WIPO);

Hague Agreement (Geneva Act, 1999)

Concerning the International Registration of

Industrial Designs (WIPO);

Patent Cooperation Treaty (WIPO)

Copyright and Related Rights Copyright and Swakopmund Protocol Berne Convention (WIPO)

Neighbouring Rights on the Protection of

Protection Act, 1994 Traditional Knowledge Trade-Related Aspects of Intellectual

(Act No. 6 of 1994) and Expressions of Property Rights (WTO)

Folklore (ARIPO)

11.2.3 Applications and registration

A total number of preliminary IP applications, including patents, copyright, utility models, trademarks and industrial design,

submitted to BIPA over the period, amounted to 1 574 - national applications were 385 while foreign applications were

1 189. This indicated a negative growth rate of 50% compared to the 3 150 IP application received for the 2019/2020

financial year. The Covid-19 pandemic was a major cause of the year-on-year decrease in applications and registrations. This

is illustrated in the table below:

IP APPLICATION 2019/2020 AND 2020/2021

2019-2020 3150

Period

2020-2021 1574

0 500 1000 1500 2000 2500 3000 3500

Number of Applications

50 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

IP applicant’s distribution

There were 1189 foreign applications, accounting for 75.54% of the total number of applications; with the rest of the

applications being from Namibian citizens. Hence, over the year; the IP landscape was dominated by foreign applicants. The

domination was influenced by a progressively conducive IP environment, and also as a result of the Africa Continental Free

Trade Agreement that led to Namibia being a potential zone for IP protection.

IP APPLICANTS DISTRIBUTION

Foreign 1189

Namibian 385

0 200 400 600 800 1000 1200 1400

NUMBER OF APPLICATIONS

IP Domain distribution

Over the period, 85.19% of total applications were received for trademarks, while the remainder of 14.81% was shared

among the rest of IPRs.

IP DOMAIN DISTRIBUTION

1500 1341

52 95 73

Patent Design Trademark Utility Model Copyright

IP DOMAIN DISTRIBUTION FOR THE 2021 FINANCIAL YEAR

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 51

11.2.4 Patents

A total of 52 patent applications were recorded for the 2020/2021 financial year compared to 562 applications received in

the previous financial year. The Covid-19 pandemic is attributed as the main cause of the decline of 90% in patent filing.

Through the available route of filing patents directly at the BIPA office, applications were distributed equally between the

national route and the regional routes. The table below illustrates patent applications and the routes used.

Application Registration

National route 26 0

Application file under Harare 26 0

Patent Application filed under PCT 0 0

Total 52 0

Namibian 10 0

Foreign 42 0

11.2.5 Trademarks

From the total of 1341 trademark applications received for the period, 58% of the applications were submitted through the

national filing route, whilst 29% and 13% of applications were submitted through regional designations (ARIPO administered

protocols) and international designations (agreements administered by WIPO) respectively. The table below illustrates

patent applications and the routes used.

Application Registration

National route 748 3699

Application file under Banjul 193 518

Trademark Application filed under Madrid 400 546

Total 1341 4763

Namibian 281 332

Foreign 1060 4431

52 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.2.6 Industrial Design

A total of 95 applications for Industrial Designs were received. Applications for designs over the periods have decreased with

43.45% compared to the last financial year. From the 95 applications that were submitted, 37 were received through the

regional route, 40 filed through the international route and 18 applications were filed through the national route. The table

below illustrates patent applications and the routes used.

Applications Registrations

National route 18 18

Harare protocols 37 36

Industrial Design Application under Hague 40 40

Total 95 94

Namibia 18 18

Foreign 77 77

11.2.7 Utility models

Over the period, a total of 10 applications were received through the regional route and only 3 received through the national

route. All the applications received were subsequently registered.

Applications Registrations

National route 3 3

Harare protocols 10 10

Utility Model Total 13 13

Namibian 3 3

Foreign 10 10

11.2.8 Copyright

BIPA received a total of 73 copyright applications during the period under review compared to the 107 applications that

were received in the previous reporting period. This represents a decline of 32% in applications over the year.

Applications Registrations

Total 73 72

Copyright Namibian 73 72

Foreign 0 0

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 53

11.2.9 Intellectual Property Rights (IPRs) registration

During the period, BIPA registered a total of 4942 various IPRs compared to the 2516 registered IPRs in 2019/2020. An influx

of 50% in registrations has been recorded - these included files that were brought forward.

IP REGISTRATION 2019/2020 AND 2020/2021

2019-2020 2516

Period

2020-2021 4942

0 1000 2000 3000 4000 5000 6000

Number of Applications

Renewals

During the period under review the following IPRs were renewed:

500 39

89 0

Patents Utility Models Trademarks Industrial Designs

Registration in force in Namibia

The following IPRs are currently registered in Namibia

80000

74959

70000

60000

50000

40000

30000

20000

10000

2160 1376 210

Patents Copyrights Trademarks Industrial Designs

54 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.2.10 Highlights

During the financial year under review, the office undertook a number of projects to add value to its services as well to

improve the IP ecosystem within Namibia.

11.2.11 Enhancing stakeholder relations

During the period under review, the division held a stakeholder engagement with the Namibia University of Science and

Technology (NUST). The engagement was centred on establishing a working relationship between the University and BIPA,

to enable the two institutions to exchange ideas on how Namibia can create an innovative economy and how to integrate

Intellectual Property in the University’s curriculum. The meeting took place on 11 November 2020 and was attended by

Masters of Management students specialising in intellectual Property, NUST lecturers and BIPA’s IP staff.

NUST Masters of Management students specilising in intellectual property engage

with BIPA staff at a stakeholders meeting held on 11 November 2020.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 55

11.3 RECORDS AND ARCHIVES MANAGEMENT

11.3.1 Overview

The Record and Archives department manages all documents and records relating to business and IP registrations. Accurate

and precise management of the records is vital to ensure regulatory compliance, risk management and business continuity.

This further enhances records preservation, disposition, archiving and knowledge-sharing. The department is thus responsible

for the safekeeping of record files (client documentation) and ensuring efficiency in the creation, maintenance, temporary

retention, and final disposition of all BIPA records. The department also manages a system for the acquisition, preservation,

arrangement, and accessibility of BIPA records of historical and enduring value.

11.3.2. Strategic orientation

The Records and Archiving department performs key tasks within the organisation. These include requesting and recording

of operational files, verifying incoming documents, indexing new registration files, digitalising sdocuments, providing

complaints/enquiries service resolution, filing, record keeping and retrieval services, quality control check and approving of

scanned documents, warehouse administration and attending to internal request (for legal department and maintenance

files). In the period under review, the department set out to enhance its operational efficiencies and subsequently add value

to the Authority. In this regard the department aimed to ensure financial stability, achieve mutually beneficial stakeholders

management, ensure legislative alignment to national, regional and international obligations, enhance corporate governance

and risk management, deliver quality, simple and accessible services and ensure highly engaged and competent workforce.

11.3.3. Files requested

A total of 11 814 files were requested during the 2020/2021 financial year. The internal requests for files were 2 390

throughout April 2020 to March 2021; while a total of 6 698 files were requested externally (by clients or stakeholders).

Further, a total of 11 840 new files were indexed between April 2020 and March 2021. It is also prudent to report that 9 088

files were available upon request, while 2726 files were in circulation upon request.

56 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.3.4. Data integrity project

The data integrity project commenced in April 2019 and was terminated in August 2020. This project, which was critical

to the operations of BIPA, was aimed at improving BIPA’s business registration information files of approximately 180,000

entities, relating to lodgments made between 2012 and 2018. The primary deliverable of the project was to consolidate

loose business registration forms with their respective company files; capturing (updating and correcting) business

registration files on the Integrated Company Registration System (ICRS); scanning all entities’ physical files on the Content

Management System called M-Files; updating financial statements of registered entities onto BIPA’s financial system; and

collecting outstanding annual duty fees.

For this financial year (April – August 2020), the project status on each activity was as follows:

• Scanned files: 19 433

• Files Captured: 18 661

• Updated files: 13 510

• Filing: 14 580

• Annual Duties Collected: N$829 429

The desired outcome was not achieved between April 2020 and August 2020 due to the Covid-19 lockdown period during

March to April 2020, which caused a slowdown in progress. Mandatory social distancing as a result of stage two regulations

caused the project team to work in shifts, consequently reducing working hours and productivity. System issues and controls

contributed to the project’s delays, and the ICRS did not function between 5 May 2020 and 3 June 2020. The project has

been re-planned and an improved and focused strategy will be implemented in the next financial year to achieve the desired

outcomes.

11.3.5. Files scanned on M-Files

As from April 2020 to March 2021, a total of 77 146 files were scanned on M-Files

11.3.6. Enhancing stakeholder relations

The Records and Archives Management department joined the Association of Records and Archive Management in

Namibia (ARAMN) in 2020. ARAMN is a newly established association in terms of the Archives Act (Act no.12 of 1992)

under the National Archives of Namibia, which resorts under the Ministry of Education. Ms. Namanda Zambwe is BIPA’s

representative on ARAMN. The department is also planning to join international organisations that support records and

archives management, such as the African Library and Information Associations and Institutions (AFLIA), the International

Council of Archives (ICA) as well as the Eastern and Southern Africa Regional Branch of the International Council of Archives

(ESARBICA).

11.3.7. Future outlook

Looking ahead to the 2021/2022 financial year, the department will implement the Records and Archives Customer Service

Plan, as well as the Stakeholder Engagement Plan to strengthen its processes. Furthermore, the department will also look to

improve turnaround time for processes, initiate digitization of all current paper files with the Document Warehouse (TDW),

implement and monitor the approved file plan with all the departments, and develop retention and disposal schedules

for the file plan. Improving financial performance by reengineering archives processes, reviewing the fee structure for the

Records Department, and improving revenue collection procedures are key deliverables for the coming year.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 57

11.4 INFORMATION AND COMMUNICATION TECHNOLOGY

11.4.1. Overview

The Information Communication Technology (ICT) department designs, acquires, implements, and maintains the ICT

infrastructure; and the applications required to provide operations and business support, which benefits both the employees

and clients of BIPA. The department consists of the following divisions:

• The Information Systems Division is responsible for business analysis (managing business requirements, managing

solutions identification, managing business processes and business intelligence); software engineering (designing,

developing, configuring, testing and maintaining of business processes, applications, information, data and the

corporate website) and helpdesk management (service request management, incident management and problem

management). The helpdesk is the initial contact point for all data network users within the organization.

• The Enterprise Project Management Office (E-PMO) division is responsible for managing programmes and projects.

The division manages all programmes and projects from the investment portfolio in alignment with the enterprise

strategy and in a co-ordinated way. It also initiates, plans, controls, and executes programmes and projects and

close-off with a post-implementation review.

• The Networks, Infrastructure and Security division is responsible for network administration (installing, maintaining

and upgrading the corporate computer network, including the wide area network and internet); systems

administration (managing the reliable operation [availability and capacity] of computer hardware, software, servers

and computers); and security administration (administering and managing the security of all data systems including

systems and networks).

58 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.4.2. Strategic orientation

The ICT department makes use of project management practices to deliver on the ICT and business objectives. The projects

or ICT investment activities that were planned for the reporting period, as well as the tracking of their progress, are

described below:

PROJECT NAME CATEGORY DELIVERABLES % COMPLETE

• Network Performance Monitoring

• Router Monitoring

• Switch Monitoring 100%

Data Infrastructure • WAN Round Trip Time (RTT) Monitoring

Risk treatment

Monitoring System • VoIP Monitoring

• Network Mapping

• Server Monitoring

• End User Device Monitoring

• Budget and accounting

• Fixed assets tracking

• Financial reporting

• Purchasing

Enterprise Resource Planning Productivity • Inventory Management 59%

  • ERP • Sales Management

• Customer Relationship Management

• Payroll processing

• Employee Management

• Employee Self Service

• Online business registration processes

• Integration with a payment gateway

New Business Registration • Integration with client notification systems 0% - Deferred to

Service delivery

System • Mobile applications next FY

• Mobile responsiveness1

• Integration with ICSF

• Virtual queuing via smartphone

• Customer feedback surveys

Queue Management System Service delivery 50%

• Extensive statistics and analyses

• Real-time monitoring

• Standby generator

• Uninterruptable Power Supply (UPS)

• Raised floors

Data Centre upgrade Risk treatment 69%

• Fire detection and suppression

• Structured cabling and labelling

• Keyboard, Video and Monitor (KVM) Switch

• Omni-channel solutions – contact can be made

from

Call Center System Service delivery email, phone, cellphone, WebRTC 100%

• Real-time reporting and advanced analytics

• Call recordings and monitoring tools

• Notify clients on the application status of their

Client Notification System business registration

Service delivery 30%

(Email, SMS, WhatsApp) • Notify clients on payments due to BIPA

• Notify clients via email, SMS, and WhatsApp

• Implement audit log settings

• Implement all IPv4 security policies

Information Security Risk treatment • Implement two factor authentication 79%

Networks Upgrade • Restricted login to trusted hosts

• Reduce critical vulnerabilities on devices

• Integration between ICRS and ICSF

• Integration between ICRS, IPAS, and the payment

gateway

Information Systems • Integration between ICRS, IPAS and the Website

Service delivery 75%

Integrations • Integration between BRS and email-, sms-, and

whatsapp systems

• Integration between BRS and ERP

• Integration between new BRS and ICRS

• Commerce Security

• Content Management Function for the 0% - deferred to

BIPA Website upgrade Service delivery Marketing Division next FY

• Trademark Search

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 59

• Online Exchange

Online Exchange Mail and 365 Productivity • Microsoft licenses 100%

user licenses • Microsoft Teams

• Upgrade the DR site hardware to the production

site level

• Implement replication between sites

• Implement an application programming interface

ICRS Stabilization Risk treatment 77%

• implement auto-distribution

• Implement correction forms

• Implement management reports

• Implement digital certificates

• Conduct board evaluations

• Real-time company analytics

• Access director data

• Data integration from different business units

• Electronic filing O% - deferred to

Board-pack Management Productivity • Reports on key insights next FY

• Custom reports

• Collaboration

• Agenda management, document collation, meeting

materials and minutes

• Laptops

• Desktops

User Equipment Productivity 100%

• Office phones

• Monitoring screens

11.4.3. Developmental capital projects over the past five years

The table below highlights all the capital projects which were implemented between 2017 and 2021. These are the projects

that have contributed to the modernization of the BIPA data network over the past five years. Considering the authority will

be turning 5-years within the next financial year, the below illuminates a clear progress path in terms of projects that the

Authority has undertaken.

PERIOD PROJECT NAME DESCRIPTION

IT Infrastructure • Implemented a data center to host all server and network equipment.

• Implemented a local area network to provide data services to end users.

• Implemented a wide area network (WAN) for intra-office integration.

• Implemented internet services for BIPA.

• Implemented an IP (internet protocol) PABX (Private Branch Exchange) for the provision of

VOIP (voice over IP) services in the BIPA offices and for external voice communications.

2017 • Physical Security such CCTV (Closed Circuit TV) cameras, and biometrics access systems

ICRS Migration The Integrated Company Registration System was relocated from the data center of the Ministry of Trade to

the BIPA data center for the purpose of improved systems operation and administration.

IPAS Migration The Intellectual Property Administration System was relocated from the data center of the Ministry of Trade

to the BIPA data center for the purpose of improved systems operation and administration.

On-cloud firewalls Implemented an on-cloud firewall solutions for the purpose of network border security.

2018 Server Virtualization Implemented servers for virtually hosting of file server, active directory, domain controllers and all BIPA’s

project application servers.

On-premises data • Implemented on-premises firewall solutions for the purpose of network border security.

security systems • Implemented an end-user virus protection solution for the purpose of enhanced security on

end-user devices such as laptops and computers

Service Desk Implemented an ITIL compliant service desk management system for the purpose of automating IT service

Management System management functions such as service requests, asset management, incidents, configuration management

database and problems management.

Model IP Office system Implemented an on-line IP (Intellectual Property) system to improve the turnaround times of the IP applica-

tion processes.

On-premises document • Implemented a document warehouse with a fire suppression system for storage of some Bipa

warehouse records locally

• Implemented a records management system for the management of records in the document

warehouse

• Implemented a content management system for storing of digitalized records.

The project was aimed at reducing turn-around times on file requests.

Microsoft 365 Migrated BIPA’s Microsoft applications from hosted to a cloud solution for the purposes of improved file

storage, access, collaboration, and communications (conferencing).

60 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Client Notification Implemented a client notification system which updates clients on the status of their business registrations

System applications status and annual dues for the purposes of improved services.

Queue Management Implemented a QMS with modules such as statistics and monitoring, appointment, alert, visualization,

System customer feedback and voice recording to automate the queue management process.

Omni-channel contact Implemented a contact center system which allows for customers to communicate with BIPA using different

center system channels such as telephony, instant messaging, social media, and email for improved service delivery.

2020 Data Infrastructure Implemented a system which monitors the health, availability, and capacity network devices such as routers,

monitoring switches, firewalls, wireless LAN controllers, servers, virtual machines, or anything which has an IP and is

connected to the network.

Data Centers high- Implemented support systems such as Generators, UPS and fire suppression systems to improve the

availability upgrade availability of servers in the data centers and in turn improve service availability.

Enterprise resource Implemented an Enterprise Resource Planning system to automate and manage all aspects of the business

planning including financial management, human resources, procurement, and customer relationship management

for the purpose of operational efficiency.

Intelligent Business Develop an IBRS using a low-code business processes management platform to automate BIPA’s business

Registration System registration processes for the purpose of service improvement and improved revenue generation.

(I-BRS)

BIPA Website revamp Re-design the look and feel of BIPA’s website, with an integration to a payment gateway to enable on-line

payments.

Security Incident and Implement a SIEM which will provide real-time analysis of security alerts generated by applications and

Event Management network hardware to improve risk management.

(SIEM) System

Governance Risk and Implement a system which can streamline with acts and regulation requirements; prevent and address

Compliance (GRC) vulnerabilities that will impact systems, resources and stakeholders; and can manage short term and long-

System term policies.

WAP (Wireless Access Implement a wireless access management system to easily manage BYOD (Bring Your Own Device)

Point) Management onboarding, guest access, role, and identity-based access, WIDS (wireless intrusion detection system) and

System rogue AP (access point) detection for the purpose risk management.

Board-pack Implement a system which will enable board members to share and collaborate information for board

Management System meetings for the purpose of operational efficiency.

11.4.4. ICT service requests

To improve service delivery, BIPA implemented the service desk system which is designed to enable the automation of

service requests, incident, problem and asset contract management. The service desk reports assist IT management to easily

appraise the staff on other KPI such as resolution time. The graph below displays all the requests that were logged through

service desk system during the reporting period. The graph highlights a total of 1 226 requests for the year.

450 438

Count

e

yp

stT

que

Re

Not Assigned Incident Request Service Request

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 61

Availabili

ty (%)

80 85 90 95 100 105

192.168.4.1(192.168.4.1)

192.168.4.13(192.168.4.13)

BIPAERDB01 (192.168.3.88)

Bipa-ipas 01 (192.168.3.60)

Bipa-ipas 02 (192.168.4.21)

Bipaad 01 (192.168.3.70)

Bipaad 02 (192.168.4.20)

Bipaappglas 01 (192.168.3.65)

Availability (%)

Bipacallo 01 (192.168.3.93)

Bipacopyrapp 01 (192.168.3.67)

75.00 80.00 85.00 90.00 95.00 Bipadrbck 01 (192.168.4.18)

100.00

11.4.5. System availability

Bipaedmsdb 01 (192.168.3.66)

Bipa Users Bipa Web Bipaedmsdb 01 (192.168.3.77)

Bipaerpapp 01 (192.168.3.90)

ICSF

Bipahdskdb01 (192.168.3.56)

Backend Bipahqbck01 (192.168.3.82)

Bipaicsftest 01 (192.168.3.87)

Bipaipas 01 (192.168.3.83)

Bipaipasbck 01 (192.168.3.63)

Bipaipasdb 01 (192.168.3.64)

BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY

The Authority also implemented the OpManager, which is a real-time networking monitoring system to enable the

Bipakasp 01 (192.168.3.54)

ICRS ICSF Portal

Bipakasp 02 (192.168.4.19)

System Name Device Name

Bipaonelweb 01 (192.168.3.76)

IPAS WIPO File WIPO File WIPO Bipaprint 01 (192.168.3.53)

Bipasage 01 (192.168.3.79)

DEVICES AVAILABILITY (%)

SYSTEM AVAILABILITY (%)

Bipasql 01 (192.168.3.95)

Bipasrv 01 (192.168.3.99)

Bipasrv 02 (192.168.4.16)

System Admin Web Publish Bipawipopub 01 (192.168.3.69)

Blue-Fiber (192.168.0.111)

Average SW-10GP-1 (192.168.0.239)

(%) SW-BIPA-24P (192.168.0.240)

SW1 (192.168.0.241)

SW2 (192.168.0.115)

ServerRoom-02 (192.168.0.251)

ServerRoom-Main-SW..

The graph below shows the annual average availability performance of the servers that are on the network

WestwingSW1 (192.168.0.243)

WsetwingSW2 (192.168.0.200)

The figure below shows the annual average availability performance of devices that are on BIPA’s data network

bipa.na (192.168.3.17)

icrsapp-01.bipa.na..

icrsdb-01.bipana..

icrsdb-02(192.168.4.15)

ANNUAL REPORT 2020/2021

performance monitoring of all devices that are on the network.

Average (%)

11.4.6. Future outlook

As part of the strategic planning, the Authority has planned key projects for the next financial year in line with the Corporate

Strategy. Central to the projects portfolio is the information security management system program, the integration program,

the automation program, the capacity and availability upgrades program and well as the asset optimization program. These

projects are shown below together with their supporting initiatives.

IT PROJECTS PORTFOLIO

INFORMATION CAPACITY AND

SECURITY ASSET

INTEGRATION AUTOMATION AVAILABILITY

MANAGEMENT OPTIMIZATION

PROGRAM PROGRAM UPGRADES

SYSTEM PROGRAM

PROGRAM

PROGRAM

SECURITY INTELLIGENT

INCIDENTS AND ENTERPRISE ICRS DBMS,

BUSINESS LICENSES

EVENTS RESOURCE REGISTRATION STABILIZATION

MANAGEMENT PLANNING CONSOLIDATION

SYSTEM

GOVERNANCE,

RISK AND PAYMENT WEBSITE SYSTEMS INFRASTRUCTURE

COMPLIANCE GATEWAY REVAMP UPGRADE HW

MANAGEMENT (VIRTUALIZATION)

WIRELESS INTEGRATED

ACCESS POINT CLIENT BOARDPACK DATABASE

USER DEVICES

MANAGEMENT REGISTRATION MANAGEMENT UPGRADES

SYSTEM

REMOTE

INFOSECURITY CUSTOMER OFFICES

AWARENESS RELATIONSHIP NETWORKS

TRAINING MANAGEMENT UPGRADES

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 63

11.5 HUMAN CAPITAL MANAGEMENT (HCM)

11.5.1. Overview

The year under review experienced the height of the Covid-19 pandemic, which ravaged businesses across the country;

while the Authority was no exception. In light of the changing dynamics and the introduction of a new normal in the work

space, the Authority placed priority on reviewing the corporate strategy and re-aligning resources to ensure continuous

service delivery to our clients. At the centre of this exercise was the Human Capital Management department ensuring that

employees came first by guaranteeing their wellness; while at the same time keeping staff engaged and motivated to deliver

quality of services to BIPA’s valued customers.

11.5.2. Staff profile

During the reporting period, BIPA had 125 employees, of which 104 were employed on a permanent basis, while 21 were

employed on a temporary basis to support the various departments to address employee shortfalls. One temporary

employee resigned.

BIPA workforce statistics and movements for the 2020/21 Financial Year

April May June July Aug Sept Oct Nov Dec Jan Feb Mar

Staff Compliment 20 20 20 20 20 20 20 20 20 21 21 21

Permanent staff 95 96 97 97 96 95 99 100 102 107 108 104

Temporary staff 92 82 79 84 84 40 33 25 23 18 18 20

Appointments 19 3 0 5 0 0 3 - 1 0 1 0

Resignation /

16 0 0 0 1 45 2 8 - 0 1 1

End of Contract

TOTAL 187 178 176 181 180 135 132 125 125 125 126 125

64 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Comparative workforce statistical analysis for 2020/21 financial year

BIPA WORKFORCE STATISTICS - 2020/21

107 108

100 102

100 99

96 97 97 96 95

95 92

82 84 84

80 79

40 40

25 23

20 19 18 18 20

3 5 3 2

0 0 0 0 0 0 1 0 0 1 0 0 0 1 1 0 1

Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21

Permanent Employees Temporary Employees Appointment Separations

Overall, the total staff movement statistic for the reporting period showed that the number of temporary employees was

reduced to 20 as depicted below.

Permanent Employees 104

Temporary Employees 20

-66 Employees Left BIPA

-80 -60 -40 -20 0 20 40 60 80 100 120

Employees Left BIPA Temporary Employees Permanent Employees

BIPA staff movement statistic for the 2020/21 FY

Broadly, the Authority’s workforce has been growing steadily and a sharp increase was recorded during the 2019/20 financial

year due to temporary staff employed to support projects. The subsequent reduction in the number of temporary staff

members has helped the Authority to align labour cost to the financial resources available.

2015/16 FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 FY

BIPA Workforce

BIPA workforce (permanent, fixed and temporary) over the past five Financial Years

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 65

11.5.3. Fixed-Term Employment Contracts

During the reporting period, the following employees occupied various senior management positions (Executives) on a

5-years fixed term employment contracts.

Status of fixed-term employment contract as at 31 March 2021

Name & Surname Position Employment Date Contract Expiry Date

Ainna Kaundu Executive: Intellectual Property Services 01 October 2017 30 September 2022

Veiko Muronga Executive: ICT 16 January 2017 15 January 2022

Vivienne

Chief Executive Officer 15 October 2019 14 October 2024

Katjiuongua

Jones Lubinda Executive: Finance and Administration 22 December 2020 21 December 2025

Executive - Marketing, Corporate

Ockert Jansen Communication and Client Management 01 February 2021 31 January 2026

Services.

11.5.4. Workforce age distribution

The workforce ageing analysis for the 2020/21 Financial Year indicates that 69.6% of BIPA’s workforce is made up of

millennials (employees who are 40 years old and below). This requires the Authority’s commitment to promote an inclusive

and inter-generational workforce which brings together unique competencies (both academics and experienced workers) to

achieve the strategic goals. The age distribution profile is shown below.

AGE CATEGORY PROFILE

Below 25 26-35 36-40 41-45 46-50 51-55 56-60 61+ years

years years years years years years years

BIPA Workforce

For purpose of knowledge transfer, one experienced employee who attained his retirement age in May 2020 was extended

to stay for an additional 12 months with the goal to groom others.

11.5.5. Employment service tenure

The employment service tenure of BIPA in the reporting period depicts that 30.4% of employees have been with the Authority

for almost six years. These are employees who started working at BIPA when it was still operating as a Section 21 Company

under the then Ministry of Trade, Industrialisation and SME development. This cohort is followed by employees who have

worked at BIPA for less than a year and which account for 21.6 percent of the staff complement. It is worth noting that over

52% of BIPA employees have accumulated significant work experience over the past 4 to 5 years, hence, the implementation

of a succession program to enable the experienced employees to transfer their knowledge to the millennials.

66 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

BIPA Workforce Service Tenure

4 - 5 years

20 2 - 3 years

1 year

Less than a year

Less than a year 1 year 2-3 years 4-5 years

11.5.6. Employment equity profile

Over the past five years, BIPA’s employment equity profile has progressed significantly. In the reporting period, the

profile shows only one non-Namibian in the workforce of 125 employees. Apart from this, women have been afforded

more opportunities at the Authority, a reality characterized by the high number of women employed at the Authority. The

dominant number of employees are from the previous disadvantaged groups.

JOB CATEGORY Racially Racially Persons with Non- Namibians Totals

Disadvantaged advantaged Disabilities

Men Women Men Women Men Women Men Women Men Women

Executive Directors (F) 0 1 0 0 0 0 0 0 0 1

Senior Management

3 1 0 0 0 0 0 0 3 1

(E2)

Mid Management

10 12 0 1 0 0 1 0 11 13

(D1-D5)

Specialised/ Skilled/

3 3 0 0 0 0 0 0 3 3

Senior Supervisor (C4)

Skilled (C1-C3) 8 28 0 0 0 0 0 0 8 28

Semi-Skilled (B) 6 19 0 0 1 0 0 0 7 19

Unskilled (A) 3 3 0 0 0 0 0 0 3 3

TOTAL PERMANENT 33 67 0 1 1 0 1 0 35 68

Temporary employees /

5 17 0 0 0 0 0 0 5 17

or Student Interns

Total 38 83 0 1 1 0 1 0 40 85

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 67

11.5.7. Capacity building

To ensure that our employees are equipped with the right skills and knowledge, the Authority sponsored several capacity

building interventions. These include the following:

• A legal officer attended an online ‘Compliance Management Course’ via the University of Cape Town from August

2020 to November 2020 to gain a valuable understanding of compliance management to benefit the work of the

Legal Services Department. The hybrid programme, which also included some face-to-face sessions, mainly covered

the principles of compliance risk management.

• An ICT Technician attended a technical training course on ‘Security System Administration’ in the month of

September 2020 at Fortinet in Johannesburg, South Africa. She acquired the basic configuration and administration

skills such as explored firewall policies, user authentication, basic VPNs, explicit proxy, virus detection, web filtering,

application control and more used features of FortiGate appliances. These administrative security fundamentals are

necessary for BIPA, as the authority plans to integrate business applications and maintain effective network security

to protect the official data.

• An Internal Auditor attended the IAII Continuous Professional Development training in October 2020 at the

Leadership Academy in Johannesburg, South Africa. This was primarily to refresh the fundamentals tenets of the

profession, code of ethics and international standards for the professional practice of internal auditing.

• Three employees from the Finance & Administration division attended the Intermediate and Advanced Excel

Training courses from 11 to 14 February 2020 at the Namibia University of Science and Technology (NUST). This

was primarily to improve their skills on Microsoft Excel for preparation of budgets and financial reports for monthly

activities, inclusive of board reports.

• Over forty frontline staff members attended a two series customer care training in groups, facilitated by PwC from

27 to 28 February 2020 and 05 to 06 March 2020. The training highlighted the best practices to serve customers in

a professional, competent and efficient manner using practical role play techniques.

• Seven Administrative/Secretarial staff members attended a ‘minutes taking procedures training’ facilitated by the

Business and Entrepreneurship Hub from the 16 to 20 March 2020. The ability to write clear and accurate minutes

is an indispensable skill for personal assistants to the Executives.

Other skills development interventions which were also undertaken during the 2020/21 Financial Year are listed in the

table below.

Training Course # of participants Course date Venue

Fire Fighting & First Aid Training 08 18 February 2021 BIPA Head office

Corporate Induction 13 23 February 2021 BIPA Katutura Office

Hygiene Training 05 26 February 2021 BIPA Head office

‘Acing the Interview’ (In-house) 18 8-9 March 2021 BIPA Head office

Women Leadership Summit 10 1-4 March 2021 Swakopmund

Chairing and Initiating Disciplinary Hearings 6 30-31 March 2021 Klein Windhoek

Guesthouse

Secretary and Personal Assistants Training 6 29 March – 02 April 2021 Swakopmund

11.5.8. Culture inculcation

The Authority organised the year-end function on 22 December 2020 hosted at PZN Holding Redline Club Hall in Windhoek.

The event was meant for the CEO, on behalf of the Board of Directors and Management, to highlight successes and challenges

experienced throughout the calendar year while appreciating employee efforts made towards the overall achievements of

the Authority.

68 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

The department also facilitated the annual team building event on 19 March 2021 which coincided with the 31st Namibia

Independence celebration. The event was held at the BIPA Katutura Office under the theme: ‘Culture and Diversity’. The

Ongoma Cultural Group performed at the event, while he guest speaker was Hon. Ester Muinjangue, Deputy Minister of

Health and Social Services.

11.5.9. High performing workforce

With regards to employee performance, the Authority performed well (highest score of 3.80 and lowest 3.50) with

departmental averages ranging between 3.61 and 3.84; while the average for all employees ranged between 3.54 and 3.77.

A comparative analysis of organisational performance is as follows:

Organisational Performance 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 FY

Corporate Scorecard 3.10 3.80 3.40 3.50 3.60

Departmental (Average score) 3.84 3.73 3.66 3.61 3.74

All Employees (Average score) 3.72 3.72 3.70 3.54 3.77

To strengthen this, the CEO appointed a performance validation committee which comprised of Heads of Departments

to validate the preliminary assessed performance scores. The Committee was tasked with evaluating all performance

agreements to verify that there was a common understanding of the standards used at each level while ensuring that the

integrity of the performance management system was protected.

11.5.10. Industrial relations

In the reporting period, the CEO appointed an internal negotiation committee to prepare for the annual remuneration

negotiations. Since it was the first time that the BIPA workforce become unionised, the Committee paid a courtesy visit to

its counterparts at the Communication Regulatory Authority of Namibia (CRAN) on 28 February 2020 to benchmark best

practices on salary negotiations.

Among the proposed agenda items for the 2020/21 annual negotiation was:

• Subsidised Medical Aid (100%);

• Entering into agreements with financial institutions (loan facilities);

• Providing employees with training opportunities;

• Moving from ‘Total Cost’ to ‘Basic Plus’ pay structure models;

• Annual salary increases (10%)

• Providing a 13th cheque.

The first series of the annual salary negotiations meetings between the union and the management team took place from

27 to 28 August 2020 and then again on 03 to 04 September 2020 at the NAPWU Head Office. The negotiation meetings

concluded on Monday, 09 November 2020 at the Roof of Africa Hotel and Conference in Windhoek, whereby parties

successfully reached a collective agreement to offer a 4% increase to all qualifying employees.

11.5.11. Covid-19 response

Like every other operating entity in the reporting period, the Authority had to respond to the risks and challenges that were

brought on by the Covid-19 pandemic. In essence, a number of health and safety orientation sessions were conducted at

both the BIPA Katutura office and Head Office to highlight the required Covid-19 preventative measures to mitigate the risk

of infections. Site inspections were carried out at all offices to ensure that floors were marked for social distancing and that

there was the mandatory wearing of masks at all times, among other key preventive measures. In addition, a daily reminder

to reinforce the Covid-19 protocols put in place by the government, was initiated. All employees and customers were asked

to sanitise their hands before entering the premises. Hand washing facilities were also provided, and BIPA procured external

services to fumigate the BIPA Head Office every time that a positive case was confirmed in order to contain the spread of

the virus. Furthermore, flexible work arrangements were introduced to decongest high-risk areas. The Authority dedicated

N$542 212 on Covid-19 related expenses.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 69

In terms of the Covid-19 statistics, a total number of 18 positive cases were confirmed while the recoveries stood at 16

as indicated in table below. Two cases were still active at the time of reporting. Overall, 51 employees were tested for the

COVID-19 during the period.

BIPA’s Covid-19 statistical report (August 2020 to March 2021).

Cumulative Covid-19 confirmed cases

Newly Covid-19 confirmed cases 1

Total recoveries 16

Active Covid-19 cases 1

Total Covid-19 testing done 51

Number of employees quarantined 1

Overall Covid-19 confirmed cases at BIPA 18

BIPA has also developed a Covid-19 Response Plan to provide guidance in terms of prevention, preparedness, detection and

intervention. The plan, which was approved on 12 October 2020, outlined response activities and provided guidance on

roles, responsibilities and procedures that were necessary to facilitate the process of decision-making.

The key objectives of the Covid-19 response was to seek to:

• Improve coordination and leadership for Covid-19 prevention and control.

• Increase screening capacity to promptly detect cases and follow-up all contacts.

• Isolate and care for employees/clients early, including providing optimised care for infected persons on site.

• Prevent the spread of Covid-19 at the workplace, i.e. human-to-human transmission, including reducing secondary

infections among close contacts and preventing transmission amplification events.

• Communicate critical risk and event information to employees and clients.

11.5.12. Improving operational efficiencies

BIPA recognises that employees’ health and well-being include physical, social, cultural and psychological aspects, and will

continue to strive to create an improved working environment for all employees. An integrated HR application systems (Sage

300 People) was procured, with the payroll take-on going live in December 2020. Other sub-modules such as e-Recruitment

(SkillsMap solution) were completed in February 2021. Ideally, these HR modules are to be integrated with the financial

module (Sage X3) via the enterprise resource planning (ERP) system.

11.5.11. Future outlook

The goal of producing a high-performance culture continues to be embedded in BIPA’s focus for human resources and

positive corporate culture in the coming years. As the pace of change in our industry continues to increase, we look to be

proactive and provide our people with the tools they will need to step up to roles that have evolved, and completely new

ones. This has been triggered by the fact that the Covid-19 pandemic has accelerated the need for new work models, along

with many other aspects including remote working and digital learning.

70 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.6 FINANCE AND ADMINISTRATION

11.6.1. Overview

The Finance and Administration department manages the financial strategy for BIPA and administers resources to the

operations of BIPA. The major focus for the department is to achieve financial sustainability. In achieving this, critical

performance targets were set that included: achieving revenue growth of 10% or more annually, maintaining minimum

current ratio of 3:1 per annum, achieving 10% annual growth of total assets, and managing costs annually with a target of 5%

varience. All major finance and administration policies and statements of operating procedures were amended or designed

and implemented in the last three years.

11.6.2. Internal controls

Any system of internal control is designed to manage risk to a tolerable level rather than to eliminate it. The system can

therefore only provide reasonable and not absolute assurance that assets are safeguarded, transactions authorised and

properly recorded, and that material errors or irregularities are either prevented or detected in a timely way.

In addressing the internal controls, the Authority plans for its annual expenditures through a budget approved by the Board.

It monitors the expenditure through monthly management accounts including variance analysis. Procurement is done in line

with the Public Procurement Act and BIPA policies. In addition, the Internal Audit department performs audit reviews which

test internal controls if effective, and when not, recommendations are immediately implemented.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 71

11.6.3. Financial performance

In delivering a sustained financial performance for the reporting period, the Authority has graduated from 100% government

dependence in 2017 to fully self-funding. This is backed by the Authority’s financial positive performance results that

indicate resilience in the recessionary economy that Namibia finds itself in, the Authority managed to increase its revenue

to N$101.3 million, a 16% increase up from N$87 million in the previous Financial Year. Positive returns were recorded

particularly in Annual Duties payments which were the biggest source of revenue in the reporting period. Revenue streams

such as registrations through ARIPO and interest on investments performed above budget, despite Covid-19 pandemic.

BIPA REVENUE TRENDS FOR THE 2018 TO 2021 FINANCIAL YEARS

Revenue Trend

120,000,000

98,769,304 101,375,727

100,000,000 88,090,241

66,642,843 82,189,482

76,507,867

80,000,000 66,528,349 63,674,550

60,000,000

40,000,000

20,000,000

100% 77% 89% 133%

-

2018 2019 2020 2021

Actual Budget % of Actual Budgeted Revenue

11.6.4. Revenue streams

The Authority recorded good incomes from the Annual Duty stream in the current reporting period. Other streams that

performed above budget were ARIPO-registrations, interest received and others. Incomes from international sources for

the reporting period contributed significantly to BIPA’s total revenue. ARIPO performed above budget despite the Covid-19

pandemic, while WIPO allocations received could not reach the budgeted amount. Table below has details.

ARIPO AND WIPO REVENUES

4,500,000 4,253,800

4,000,000 3,500,000 3,500,000

3,500,000

2,850,214

3,000,000

2,500,000

2,000,000

1,500,000

1,000,000

500,000

-

ARIPO WIPO

Actual Budget

72 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

11.6.5. Expenditure

Operational expenditure increased by N$5.5 million from the previous year. The Covid-19 pandemic had an effect in the

overall procurement of goods and services during the year. The Authority had challenges of delivery of procured products

and services due to tight Covid-19-19 restrictions. In addition, management implemented a cost containment strategy due

to uncertain times.

11.6.6. Procurement

In the 2020/21 Financial Year, the Authority had an approved procurement plan of which only 32% of the plan was executed.

The main challenge in the execution of the plan was Covid-19 which through its containment measures, restricted the

implementation of the BIPA procurement plan.

Procurement Type Planned Procurement Actual Expenditure %

Goods 3,509,699.47 2,211,280.98 63%

Works 586,693.00 123,084.89 21%

Consultancy Services 6,589,298.76 3,471,428.98 53%

Non-Consultancy Services 32,224,596.64 7,854,806.21 24%

Total 42,910,287.87 13,660,601.06 32%

PROCUREMENT - PLANNED VS ACTUAL

Planned Procurement Actual Expenditure %

35,000,000,00 70%

63%

30,000,000,00 60%

53%

25,000,000,00 50%

20,000,000,00 40%

15,000,000,00 30%

24%

21%

10,000,000,00 20%

5,000,000,00 10%

  • 0%

Goods Works Consultancy Services Non-Consultancy

Services

11.5.7. Future Outlook

To improve controls, the Authority procured an Enterprise Resource Planning (ERP) system that will replace the current

Pastel Partner. The system is expected to be rolled out during the second quarter of FY21/22.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 73

12 ANNUAL FINANCIAL STATEMENTS

74 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

ANNUAL

FINANCIAL

STATEMENTS

FOR THE YEAR ENDED 31 MARCH 2021

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 75

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

76 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

General Information

Country of Incorporation The Republic of Namibia.

Nature of business and principal activities To run a legal system for business and intellectual

property registration, protection and promotion thereof.

Directorate Riundja Ali Kaakunga (Chairperson)

Dr. Martha Uumati (Deputy Chairperson)

Fritz Charles Jacobs

Lovisa Indongo-Namandje

Ignatius Kelokilwe Thudinyane

Chaze Nalisa

Seno Namwandi

Registered Office 3 Ruhr Street Northern Industrial Area

Windhoek

Namibia

Postal Address P.O Box 185

Windhoek

Namibia

Bankers Bank Windhoek Limited

First National Bank Namibia

Nedbank Namibia Limited

Auditors PricewaterhouseCoopers

Registered Accountants and Auditors

Chartered Accountants (Namibia)

Secretary Vacant

Line Ministry Ministry of Industrialization and Trade (“MIT”)

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 77

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Index

Page

Directors Responsibilities and Approval..................................................................................................................... 79

Independent Auditors Report..................................................................................................................................... 80 - 81

Directors Report.......................................................................................................................................................... 82 - 83

Statement of Financial Position.................................................................................................................................. 84

Statement of Surplus or Deficit and Other Comprehensive Income......................................................................... 85

Statement of Changes in Equity.................................................................................................................................. 86

Statement of Cash Flows............................................................................................................................................ 87

Notes to the Annual Financial Statements................................................................................................................. 88 - 106

The following supplementary information does not form part of the annual financial statements and is unaudited:

Detailed Statement of Surplus or Deficit and Other Comprehensive Income.......................................................... 107 - 109

78 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Director’s Responsibilities and Approval

The Directors are required by the BIPA Act, 2016, (Act No.8 of 2016), to maintain adequate accounting records and are

responsible for the content and integrity of the annual financial statements and related financial information included in

this report. It is their responsibility to ensure that the annual financial statements fairly present the state of affairs of the

company as at the end of the financial year and the results of its operations and cash flows for the period then ended, in

conformity with the International Financial Reporting Standards (“”IFRS””). The external auditors are engaged to express an

independent opinion on the annual financial statements.

The annual financial statements are prepared in accordance with the International Financial Reporting Standards (“”IFRS””)

and are based upon appropriate accounting policies consistently applied and supported by reasonable and prudent

judgements and estimates.

The Directors acknowledge that they are ultimately responsible for the system of internal financial controls established by

the Authority and place considerable importance on maintaining a strong control environment. To enable the Directors to

meet these responsibilities, the Board of Directors sets standards for internal control aimed at reducing the risk of error

or loss in a cost effective manner. The standards include the proper delegation of responsibilities within a clearly defined

framework, effective accounting procedures and adequate segregation of duties to ensure an acceptable level of risk.

These controls are monitored throughout the company and all employees are required to maintain the highest ethical

standards in ensuring the company’s business is conducted in a manner that, in all reasonable circumstances is above

reproach. The focus of risk management in the Authority is based on identifying, assessing, managing and monitoring all

known forms of risk. While operating risk cannot be fully eliminated, the Authority endeavours to minimise it by ensuring

that appropriate infrastructure, controls, systems and ethical behaviour are applied and managed within predetermined

procedures and constraints.

The Directors are of the opinion, based on the information and explanations given by management, that the system of

internal control provides reasonable assurance that the financial records may be relied on for the preparation of the annual

financial statements. However, any system of internal financial control can provide only reasonable, and not absolute,

assurance against material misstatement or loss.

The directors have reviewed the Authority’s cash flow forecast for the year to 31 March 2022 and, in light of this review and

the current financial position, they are satisfied that the Authority has or had access to adequate resources to continue in

operational existence for the foreseeable future.

The external Auditors are responsible for independently auditing and reporting on the Authority’s annual financial

statements. The annual financial statements have been examined by the Authority’s external Auditors and their report is

presented on page 80 to 81.

The annual financial statements set out on pages 82 to 106, which have been prepared on the going concern basis, were

approved by the Board of Directors and were signed on its behalf by:

Immanuel !Hanabeb (Board Chairperson) Sara Katiti (Chairperson: Finance, Risk and Audit Committee)

Windhoek Windhoek

Date:__________________________ Date:__________________________

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 79

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Independent auditor’s report

To the Members of Business and Intellectual Property Authority

Our opinion

In our opinion, the financial statements present fairly, in all material respects, the financial position of Business and

Intellectual Property Authority (the Authority) as at 31 March 2021, and its financial performance and cash flows for the

year then ended in accordance with International Financial Reporting.

What we have audited

Business and Intellectual Property Authority’s financial statements set out on pages 7 t0 30 comprise:

• the directors’ report for the year ended 31 March 2021;

• the statement of financial position as at 31 March 2021;

• the statement of surplus or deficit and other comprehensive income for the year then ended;

• the statement of changes in equity for the year then ended;

• the statement of cash flows for the year then ended; and

• the notes to the financial statements, which include a summary of significant accounting policies.

Basis of opinion

We conducted our audit in accordance with International Standards on Auditing (ISAs). Our responsibilities under those

standards are further described in the Auditor’s responsibilities for the audit of the financial statements section of our

report.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.

Independence

We are independent of the Authority in accordance with the International Ethics Standards Board for Accountants

International Code of Ethics for Professional Accountants (including International Independence Standard) (Code of

Conduct) and other independence requirements applicable to performing audits of financial statements in Namibia. We

have fulfilled our other ethical responsibilities in accordance with the Code of Conduct and in accordance with other ethical

requirements applicable to performing audits in Namibia.

Other information

The directors are responsible for the other information. The other information comprises the information included in the

document titled “Business and Intellectual Property Authority Annual Financial Statements for the year ended 31 March

2021”. The other information does not include the financial statements and our auditor’s report thereon.

Our opinion on the financial statements does not cover the other information and we do not express an audit opinion or

any form of assurance conclusion thereon.

In connection with our audit of the financial statements, our responsibility is to read the other information identified above

and, in doing so, consider whether the other information is materially inconsistent with the financial statements or our

knowledge obtained in the audit, or otherwise appears to be materially misstated.

If, based on the work we have performed, we conclude that there is a material misstatement of this other information, we

are required to report that fact. We have nothing to report in this regard.

80 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Responsibilities of the directors for the financial statements

The directors are responsible for the preparation and fair presentation of the financial statements in accordance with

International Financial Reporting Standards and for such internal control as the directors determine is necessary to

enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, the directors are responsible for assessing the Authority’s ability to continue

as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of

accounting unless the directors either intend to liquidate the Authority or to cease operations, or have no realistic

alternative but to do so.

Auditor’s responsibilities for the audit of the financial statements

Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from

material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion.

Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with

ISAs will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are

considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic

decisions of users taken on the basis of these financial statements.

As part of an audit in accordance with ISAs, we exercise professional judgement and maintain professional scepticism

throughout the audit. We also:

• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error,

design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and

appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from

fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions,

misrepresentations, or the override of internal control.

• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are

appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the

Authority’s internal control.

• Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and

related disclosures made by the directors.

• Conclude on the appropriateness of the directors’ use of the going concern basis of accounting and, based on

the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may

cast significant doubt on the Authority’s ability to continue as a going concern. If we conclude that a material

uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the

financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on

the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may

cause the Authority to cease to continue as a going concern.

• Evaluate the overall presentation, structure and content of the financial statements, including the disclosures,

and whether the financial statements represent the underlying transactions and events in a manner that

achieves fair presentation.

We communicate with the directors regarding, among other matters, the planned scope and timing of the audit and

significant audit findings, including any significant deficiencies in internal control that we identify during our audit.

PricewaterhouseCoopers

Registered Accountants and Auditors

Chartered Accountants (Namibia)

Per: Samuel N Ndahangwapo

Partner

Windhoek

Date: 01 March 2022

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 81

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Director’s Report

The directors have pleasure in submitting their report on the annual financial statements of Business and Intellectual

Property Authority for the year ended 31 March 2021.

1. NATURE OF BUSINESS

Business and Intellectual Property Authority was incorporated in Namibia with interests in running the legal system for

business and intellectual property registration, protection and promotion thereof. The Authority operates in Namibia.

2. REVIEW OF FINANCIAL RESULTS AND ACTIVITIES

The annual financial statements have been prepared in accordance with the International Financial Reporting Standards

(“IFRS”). The accounting policies have been applied consistently compared to the prior year.

Full details of the financial position, results of operations and cash flows of the company are set out in these annual financial

statements.

3. DIRECTORATE

The directors in office at the date of this report are as follows:

Directors Nationality Status

Riundja Ali Kaakunga Namibian Extended 30 September 2021

Dr. Martha Uumati Namibian Extended 30 September 2021

Fritz Charles Jacobs Namibian Extended 30 September 2021

Lovisa Indongo-Namandje Namibian Extended 30 September 2021

Ignatius Kelokilwe Thudinyane Namibian Extended 30 September 2021

Chaze Nalisa Namibian Extended 30 September 2021

Seno Namwandi Namibian Extended 30 September 2021

The Board of Directors’ term of office came to an end on the 1st of March 2020, but the Line Minister extended their term

for a period until the new Board of BIPA is appointed to allow for due process to follow

4. BOARD AND SUB-COMMITTEE MEETINGS

Board of Directors Board and Finance, Risk Human Governance, Strategy,

Special Board and Audit Resources and Legal and Projects &

Meeting Committee Remuneration Ethics Procurement

(FRAC) Committee Committee Committee

(HRRC) (GLEC) (SPPC)

Riundja Ali Kaakunga 4 X 4 4 3

Dr. Martha Uumati 1 3 1

Fritz Charles Jacobs 2 3 0 X 0

Lovisa Indongo-Namandje 3 0 2 4 X

Ignatius Kelokilwe Thudinyane 4 4 X 0

Chaze Nalisa 3 4 X 0

Seno Namwandi 4 X 2 4 3

82 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Director’s Report (Continued)

5. EVENTS AFTER THE REPORTING PERIOD

The directors are aware of material events which occurred after the reporting date and up to the date of this report as

follows:

The following directors were appointed subsequent to year-end:

Directors Nationality Status

Immanuel !Hanabeb Namibian Appointed 1 October 2021

Sara Katiti Namibian Appointed 1 October 2021

Justin Strauss Namibian Appointed 1 October 2021

Ashley Tjipitua Namibian Appointed 1 October 2021

Nancy Watyoka Namibian Appointed 1 October 2021

Hilka Alberto Namibian Appointed 1 October 2021

Julius Haikali Namibian Appointed 1 October 2021

5.1. COVID-19 Pandemic

The impact of COVID-19 has been an evolving situation since late 2019. Given the information available at 31 March 2021,

COVID-19 would be unlikely to have had a material effect on the measurement of assets and liabilities as at 31 March

2021.

Due to the increase in the number of cases of COVID-19 nationwide, management allocated a budget amounting to

N$4,000,000 to cover for all COVID-19 expenses and related costs. The Authority’s total expenditure on COVID-19 expenses

during the financial year amounted to N$592,164.00, (2020: N$300,643.00).

6. GOING CONCERN

Management has considered the consequences of COVID-19 and other events and conditions, and it has determined

that they do not create a material uncertainty that casts significant doubt upon the entity’s ability to continue as a going

concern. COVID-19 is not expected to have a significant impact on the entity. Management has determined that there is no

material uncertanty that casts doubt on the entity’s ability to continue as a going concern. It expects that COVID-19 might

have some impact, though not significant, for example, in relation to expected future performance, or the effects on some

future valuations.

7. AUDITORS

PricewaterhouseCoopers’s contract ended on 31 March 2020 after a contract term of three (3) years. PricewaterhouseCoopers

have been re-appointed as auditors of the Authority for a contract term of three (3) years.

8. SECRETARY

The Secretary of the Authority is the Chief Legal and Secretarial Services. For the period ending 31 March 2021, the

position of Chief Legal and Secretarial Services is still vacant.

Business Address: 3 Ruhr Street Northern Industrial Area, Windhoek, Namibia

9. DIRECTORS’ INTEREST AND CONTRACTS

During the financial year, no contracts were entered into with the directors or officers of the Authority, the directors or

officers do not hold any interest in the Authority.

10. KATUTURA OFFICE BUILDING

Katutura Office Building situated on Erf 2780, Shire Street Wanaheda has not been included in the financial statements.

The matter is with the line Ministry’s lawyers seeking to recover the funds of N$18,000,000 for the purchase of this Office

Building, whereas the BIPA board is seeking to recover the N$2,160,000 paid for transfer duties.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 83

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Statement of Financial Position

2021 2020

N$ N$

ASSETS

Non-current assets

Property, plant and equipment 4 34,387,276 22,570,525

Right-of-use assets 2,426,920 3,640,379

Intangible assets 5 5,409,071 4,132,804

Total non-current assets 42,223,267 30,343,708

Current assets

Trade and other receivables 6 5,415,986 7,075,735

Other financial assets 7 30,418,200 26,917,589

Cash and cash equivalents 8 18,307,161 4,558,548

Total current assets 54,141,347 38,551,872

Total assets 96,364,614 68,895,580

EQUITY AND LIABILITIES

Equity 74,706,264 49,771,767

Contribution 10 34,491,766 34,491,766

Accumulated Fund 40,214,498 15,280,001

Non- Current liabilities 3,015,109 4,867,916

Deferred income 11 3,015,109 3,247,039

Lease liabilities 20 - 1,620,877

Current liabilities 18,643,243 14,255,897

Trade and other payables 9 17,022,355 11,885,116

Lease liabilities 20 1,620,888 2,370,781

Total Liabilities 21,658,351 19,123,813

Total equity and liabilities 96,364,614 68,895,580

84 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Statement of Surplus or Deficit and Other Comprehensive Income

2021 2020

N$ N$

Revenue 12 74,227,376 56,276,056

Other income 13 25,761,815 30,304,535

Operating expenses (76,116,194) (70,562,222)

Operating surplus 14 23,872,998 16,018,369

Finance income 17 1,386,536 1,509,650

Finance costs 17 (286,561) (512,585)

Surplus for the year 24,972,972 17,015,434

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 85

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Statement of Changes in Equity

Accumulated Total

Fund equity

N$ N$ N$

Balance at 01 April 2019 34,491,766 (1,735,433) 32,756,333

Total comprehensive surplus for the year - 17,015,434 17,015,434

Balance at 31 March 2020 34,491,766 15,280,001 49,771,767

Opening balance adjustments - (38,476) (38,476)

Total comprehensive surplus for the year - 24,972,972 24,972,972

Balance at 31 March 2021 34,491,766 40,214,497 74,706,263

86 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Statement of Cash Flows

2021 2020

Note(s) N$ N$

Cash flows from operating activities

Cash used in operations 19 23,121,869 21,661,263

Finance income 17 94,298 1,509,650

Net cash from operating activities 23,216,167 23,170,913

Cash flows from investing activities

Purchase of property, plant and equipment 4 (2,415,073) (3,437,365)

Purchase of intangible assets 5 (2,493,898) (4,418,614)

Proceed on sale of property, plant and equipment 307,121 -

Purchase of other financial assets 7 (11,500,000) (20,300,000)

Withdrawals from other financial assets 7 9,291,627 10,000,000

(6,810,223) (18,155,979)

Cash flows from financing activities

Principal elements of lease payments (2,657,331) (3,640,379)

(2,657,331) (3,640,379)

Net increase/(decrease) in cash and cash equivalents 13,748,613 1,374,555

Cash and cash equivalents at the beginning of the year 4,558,548 3,183,993

Cash and cash equivalents at end of year 8 18,307,161 4,558,548

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 87

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements

1. SIGNIFICANT ACCOUNTING POLICIES

The principal accounting policies applied in the preparation of these financial statements are set out below:

1.1 Presentation of Annual Financial Statements

The annual financial statements have been prepared in accordance with the International Financial Reporting Standards

(“IFRS”) and the International Financial Reporting Interpretation Committee (“IFRIC”) Interpretations issued and effective

at the time of preparing these financial statement. These annual financial statements have been prepared on the historical

cost basis, and incorporate the principal accounting policies set out below, and are presented in Namibia Dollars.

1.2. Significant judgements and sources of estimation uncertainty

The preparation of financial statements in conformity with IFRS requires management, from time to time to make

judgements, estimates and assumption that affect the application of policies and reported amounts of assets, liabilities,

income and expenses. These estimates and associated assumptions are based on experience and various other factors that

are believed to be reasonable and under circumstances. Actual results may differ from these estimates. The estimates and

underlying assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognised in the period

in which the estimates are revised and in any future periods affected.

1.2.1. Critical judgements in applying accounting policies

Management did make critical judgements in the application of accounting policies, apart from those involving estimation,

which would significantly affect the financial statements and are outlined as follows:

Revenue

Revenue from annual duties, penalties and fines are non-exchange transactions and accounted for using the policy

developed by the Authority. All non-exchange transactions are recognised in surplus or deficit to the extent they are assets

and it is probable that the future economic benefits or service potential associated with the asset will flow to the entity, and

the fair value of the asset can be measured reliably.

Deferred income

Donations received in the form fixed assets other than buildings are recognised as deferred income and written-off over the

useful lives of the asset. Non-depreciable assets such as land are recognised at point of donation.

Useful lives of assets

The assets are classified under property, plant and equipment and the useful lives are determined as set out in note 2. The

useful lives of the property, plant and equipment is in line with the industry norm.

1.2.2. Key sources of estimation uncertainty

Trade receivables

The Authority assesses its trade receivables for impairment at the end of each reporting period. In determining whether

an impairment loss should be recorded in the surplus or deficit, the Authority makes judgement as to whether there is

observable data indicating a measurable decrease in the estimated future cash flows from the financial asset.

The impairment (or loss allowance) for trade receivables is calculated on a portfolio basis, except for individually significant

trade receivables, which are assessed separately. The impairment test on the portfolio is based on historical loss ratios,

adjusted for national and industry-specific economic conditions and other indicators present at the reporting period that

correlate with defaults on the portfolio. These annual loss ratios are applied to loan balances in the portfolio and scaled to

the estimated loss emergence period.

The residual value, useful life and depreciation method of each asset is reviewed and adjusted if appropriate at the end of

each reporting period. If the expectations differ from previous estimates, the change is accounted as a change in accounting

estimate.

88 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

1.2.5. Leases

The Authority exercises judgement in classifying leases in line with IFRS 16 (as set out in the note 1.6.)

1.3. Property, plant and equipment

Property, plant and equipment is stated at historical cost less depreciation. Historical cost includes expenditure that is

directly attributable to the acquisition of the items.

Cost include costs incurred initially to acquire or construct an item of property, plant and equipment and costs incurred

subsequently to add to, replace part of, or service it. If a replacement cost is recognised in the carrying amount of an item

of property, plant and equipment, the carrying amount of the replaced part is derecognised.

Depreciation is provided using the straight-line method to write down the cost, less estimated residual value over the useful

life of the property, plant and equipment as follows:

Item Depreciation Method Average useful life

Land Not depreciated Not depreciated

Buildings Straight-line basis 50 years

Furniture and fixtures Straight-line basis 5-10 years

Motor Vehicles Straight-line basis 2-5 years

Office equipment Straight-line basis 3 years

IT equipment Straight-line basis 3 years

Leasehold improvements Straight-line basis 8-10 years

Other Fixed Assets Straight-line basis 2-10 years

Server Straight-line basis 15 years

Right-of-use assets Straight-line basis 3 years

If the major components of an item of property, plant and equipment have significantly different patterns of consumption

of economic benefits, the cost of the asset is allocated to its major components and each such component is depreciated

separately over its useful life.

Land is not depreciated.

The residual value, depreciation method and useful life of each asset are reviewed only where there is an indication that

there has been a significant change from the previous estimate.

The depreciation charge for each period is recognised in surplus or deficit unless it is included in the carrying amount of

another asset. The gain or loss arising from the derecognition of an item of property, plant and equipment is included in

profit or loss when the item is derecognised. The gain or loss arising from the derecognition of an item of property, plant

and equipment is determined as the difference between the net disposal proceeds, if any and the carrying amount of the

item.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 89

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

1.4. Intangible assets

An intangible asset is recognised when:

• it is probable that the expected future economic benefits that are attributable to the asset will flow to the entity;

and

• the cost of the asset can be measured reliably

Intangible assets are initially recognised at cost.

Intangible assets are carried at cost less any accumulated amortisation and any impairment losses.

An intangible asset is regarded as having an indefinite useful life when, based on all relevant factors, there is no foreseeable

limit to the period over which the asset is expected to generate net cash inflows. Amortisation is not provided for the

intangible assets, but they are tested for impairment annually, and whenever there is an indication that the asset may be

impaired. For all other intangible assets, amortisation is provided on a straight-line basis over their useful life.

The amortisation period and the amortisation method for intangible assets are reviewed every period-end.

Reassessing the useful life of an intangible asset with finite useful life after it was classified as indefinite is an indicator

that the asset may be impaired. As a result the asset may be tested for impairment and the remaining carrying amount is

amortised over its useful life.

Amortisation is provided to write down the intangible assets, on a straight-line basis, to their residual value as follows:

Item Amortisation Method Useful life

Computer software Straight-line 5 Years

1.5. Financial Instruments

A financial instrument is any contract that gives rise to both a financial asset of one entity and a financial liability or equity

instrument of another entity.

1.5.1. Classification as cash and cash equivalents

Cash and cash equivalents includes cash on hand, deposits held at call with financial institutions, other short-term, highly

liquid investments with original maturities of three months or less that are readily convertible to known amounts of cash

and which are subject to an insignificant risk of changes in value, and bank overdrafts. Bank overdrafts are shown within

borrowings in current liabilities in the balance sheet.

1.5.2. Classification as trade and other receivables

Trade receivables are amounts due from customers for goods sold or services performed in the ordinary course of business.

They are generally due for settlement within 30 days and therefore are all classified as current. Trade receivables are recognised

initially at the amount of consideration that is unconditional unless they contain significant financing components, when

they are recognised at fair value. The Authority holds the trade receivables with the objective to collect the contractual cash

flows and therefore measures them subsequently at amortised cost using the effective interest method.

1.5.3. Initial Recognition and Measurement

Financial instruments are initially measured at fair value, with changes in fair value recognised in profit or loss, as they arise,

unless restrictive criteria are met for classifying and measuring the asset at either amortised cost or fair value through other

comprehensive income, plus or minus transaction costs, that are directly attributable to the acquisition or issue of the

financial asset or a financial liability.

When the Authority initially recognises a financial asset, cash and deposits, they are valued at amortised cost.

90 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

1.5.4. Financial assets: Subsequent measurement

The classification of a financial asset is determined at initial recognition, however, if certain conditions are met, an asset may

subsequently need to be reclassified.

Subsequent to initial recognition, all assets within the scope are measured at:

• Amortised cost;

• Fair value through Other Comprehensive Income (FVTOCI); or

• Fair value through profit or loss (FVTPL)

1.5.5. Impairment of financial assets

At each reporting date, the Authority assesses all financial assets, other than those at fair value through profit or loss, to

determine whether there is an objective evidence that a financial asset or group of financial assets has been impaired.

1.5.6. Financial liabilities: Subsequent measurement

Financial liabilities at amortised cost are subsequently measured at amortised cost, using the effective interest method.

If the lease transfers ownership of the underlying asset to the Authority by the end of the lease term or if the cost of the

right-of-use asset reflects that the Authority will exercise a purchase option, the Authority depreciates the right-of-use asset

from the commencement date to the end of the useful life of the underlying asset. Otherwise, the Authority depreciates

the right-of-use asset from the commencement date to the earlier of the end of the useful life of the right-of-use asset or

the end of the lease term.

The lease liability is initially measured at the present value of the lease payments that are not paid at that date. These

include:

• fixed payments, less any lease incentives receivable;

• variable lease payments that depend on an index or rate, initially measured using the index or rate as at the

commencement date;

• amounts expected to be payable by the leasee under residual value guarantees;

• the exercise price of a purchase option if the leasee is reasonably certain to exercise that option; and

• payments of penalties for terminating the lease, if the lease term reflects the leasee exercising an option to terminate

the lease term.

The lease payments exclude variable elements which are dependent on external factors. Variable lease payments not

included in the initial measurement of the lease liability are recognised directly in surplus or deficit.

The lease payments are discounted using the Authority’s incremental borrowing rate or the implicit rate in the lease

contract.

The lease term determined by the Authority comprises:

• non-cancellable period of lease contracts;

• periods covered by an option to extend the lease, if the leasee is reasonably certain to exercise that option;

• periods covered by an option to terminate the lease, if the leasee is reasonably certain to exercise that option.

After the commencement the Authority measures the lease liability:

• increasing the carrying amount to reflect the interest on the lease liability

• reducing the carrying amount to reflect lease payments made, and

• remeasuring the carrying amount to reflect any reassessment or lease modifications.

1.7. Taxation

The Authority is exempt for Income Tax and is not registered for Value Added Tax.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 91

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

1.8. Impairment of assets

The Authority assesses at each end of reporting period whether there is any indication that an asset may be impaired. If any

such indication exist, the Authority estimates the recoverable amount of the asset.

Irrespective of whether there is any indication of impairment, the Authority also:

• Tests intangible assets with an indefinite useful life or intangible assets not yet available for use for impairment

annually by comparing its carrying amount with its recoverable amount. This impairment test is performed during the

annual period and the same time every period.

If the recoverable amount of an asset is less than its carrying amount, the carrying amount of the asset is reduced to its

recoverable amount. The reduction is an impairment loss.

An impairment loss of assets carried at cost less any accumulated depreciation or amortisation is recognised immediately in

surplus or deficit. Any impairment loss of a revalued asset is treated as a revaluation decrease.

The Authority assesses at each reporting date whether there is any indication that an impairment loss recognised in

prior periods for assets other than goodwill may no longer exist or may have decreased. If any such indication exists, the

recoverable amounts of those assets are estimated.

The increased carrying amount of an asset other than goodwill to a reversal of an impairment loss does not exceed the

carrying amount that would have been determined had no impairment loss been recognised for the asset in prior periods.

A reversal of an impairment loss of assets carried at cost less accumulated depreciation or amortisation other than goodwill

is recognised immediately in surplus or deficit. Any reversal of an impairment loss of a revalued asset is treated as a

revaluation increase.

1.9. Employee benefits

1.9.1. Short-term employee benefits

The cost of short-term employee benefits (those payable within 12 months after the service is rendered, such as leave pay

and sick leave, bonuses and non-monetary benefits such as medical care), are recognised in the period in which the service

is rendered and are not discounted.

The expected cost of compensated absences is recognised as an expense as the employees render services that increase

their entitlement or, in the case of non-accumulating absences, when the absence occurs.

The expected cost of bonus payments is recognised as an expense when there is a legal or constructive obligation to make

such payments as a result of past performance.

1.10. Provisions and contingencies

Provisions are recognised when:

• The Authority has a present obligation as a result of a past event

• It is probable that an outflow of resources embodying economic benefits will be required to settle the obligation;

and

• A reliable estimate can be made of the obligation

The amount of a provision is the present value of the expenditure expected to be required to settle the obligation.

1.11. Government grants

Grants from the government are recognised at fair value where there is a reasonable assurance that the grant will be

received and the Authority will comply with all attached conditions.

92 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

1.11.1. Deferral and presentation of government grants

Government grants relating to costs are deferred and recognised in surplus or deficit over the period necessary to match

them with the costs that they are intended to compensate.

Government grants relating to the purchase of property, plant and equipment are included in non-current liabilities as

deferred income and they are credited to surplus or deficit on a straight-line basis over the expected lives of the related

assets.

1.12. Revenue

Revenue is recognised to the extent that the Authority has rendered services provided the amount of revenue can be

measured reliably and it is probable that economic benefits associated with the transaction will flow to the Authority.

Revenue is measured at fair value of the consideration received or receivable, excluding trade discounts and rebates.

1.12.1. Revenue from contracts with customers

Revenue from registrations and applications

Revenue from registrations and applications comprise of business and intellectual property registration fees charged upon

registration. The business and intellectual property fees are charged as per the Regulation published in the Government

Gazette, and the fees are recognized at the point when the Authority has a present right to receive payment of fees for the

registration and application of businesses and intellectual property. Transfer of services is performed at a point in time.

1.12.2. Revenue from non-exchange transactions

Revenue from Annual Duties - Companies and Close Corporations

Revenue transactions comprise of annual duties and are charged as per the Regulation published in the Government

Gazette, and are recognized over time when the registered entity file an annual return with the Registrar of Companies

and Close Corporations. All registered entities are required by law to pay an annual duty and file an annual return at the

end of the entities financial year. These annual duties are raised in terms of the Regulations of the Companies and Close

Corporation Act.

Fines arising as a result of late remittance and submissions are charged as per the Regulation published in the Government

Gazette, and are recognized when the registered entity file an annual return with the Registrar of Companies and Close

Corporations. Penalties on late payment of fees are charged as per the Regulation published in the Government Gazette,

and are recognized when the application is filed with the Registrar of Companies and Close Corporations.

Revenue from Annual Fees / Maintenance - Trademarks, Patents and Industrial Designs

Revenue transactions that arise as a result of trademark and designs annual fee per class and patent maintenance fees and

are charged as per the Regulation published in the Government Gazette and recognised over time when the trademark,

patent and design holder file a return to the Registrar of Patents, Trademarks and Designs. These fees are raised in terms of

the Regulations of the Industrial Property Act.

1.12.3. Investment income

Investment income comprise of interest income received.

Interest income is accrued with reference to the principal amount outstanding, using the effective interest method.

1.13. Borrowing costs

Borrowing costs that are directly attributable to the acquisition, construction or production of a qualifying asset are

capitalised as part of the cost of that asset until such time as the asset is ready for its intended use. The amount of

borrowing costs eligible for capitalisation is determined as follows:

• Actual borrowing costs on funds specifically borrowed for the purpose of obtaining a qualifying asset less any

temporary investment of those borrowings.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 93

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

1.13. Borrowing costs (Continued)

• Weighted average of the borrowing costs applicable to the entity on funds generally borrowed for the purpose of

obtaining a qualifying asset. The borrowing costs capitalised do not exceed the total borrowing costs incurred.

The capitalisation of borrowing costs commences when:

• Expenditures for the asset have occurred;

• Borrowing costs have been incurred, and

• Activities that are necessary to prepare the asset for its intended use or sale are in progress.

Capitalisation is suspended during extended periods in which active development is interrupted.

Capitalisation ceases when substantially all the activities necessary to prepare the qualifying asset for its intended use or

sale are complete.

All other borrowing costs are recognised as an expense in the period in which they are incurred.

1.14. Foreign Currency Translation

Foreign currency transactions are translated into functional currency using the exchange rates at the dates of the

transactions. Foreign exchange gains and losses resulting from the settlement of such transactions, and from the translation

of monetary assets and liabilities denominated in foreign currencies at year end exchange rates, are generally recognised

in surplus or deficit. They are deferred in equity if they relate to qualifying cash flow hedges and qualifying net investment

hedges or are attributable to part of the net investment in a foreign operation.

Foreign exchange gains and losses that relate to borrowings are presented in the statement of surplus or deficit, within

finance costs. All other foreign exchange gains and losses are presented in the statement of surplus or deficit on a net basis

within other gains/(losses).

Non-monetary items that are measured at fair value in a foreign currency are translated using the exchange rates at the

date when the fair value was determined. Translation differences on assets and liabilities carried at fair value are reported

as part of the fair value gain or loss. For example, tralation differences on non-monetary assets and liabilities such as

equities held at fair value through surplus or deficit are recognised in surplus or deficit as part of the fair value gain or loss,

and translation differences on non-monetary assets sucg as equities classified as at fair value through other comprehensive

income are recognised in other comprehensive income.

2. NEW STANDARDS AND INTERPRETATIONS

2.1. Standards and interpretations effective and adopted in the current year

The annual financial statements were based on the following standards and interpretations and are effective for the current

year and relevant to the Authority’s operations:

Standard / Interpretations Effective date: years Expected Impact

beginning on or after

Amendmnets to IFRS 9: Financial Instruments, IAS 39 1-Jan-21 The impact of the standard is

‘Financial Instruments: Recognition and Measurement, not material

IFRS 7 ‘Financial Instrumenrs: Disclosures

2.2. Standards and interpretations not yet effective

The Authority has chosen not to early adopt the following standards and interpretations, which have been published and

are mandatory for the Authority’s accounting periods beginning on or after 01 April 2020 or later periods.

94 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

Standard / Interpretations Effective date: Expected Impact

years beginning

on or after

IFRS 16: COVID-19-Related Rent Concessions 1-Jun-20 Not likely that there will be a material

(Amendments to IFRS 16) impact

Interest Rate Benchmark Reform (Amendments to IFRS 9, 1-Jan-21 Not likely that there will be a material

IAS 39, IFRS 7, IFRS 4 and IFRS 16) impact

IFRS 16: COVID-19-Related Rent Concessions beyond 30 1-Apr-21 Not likely that there will be a material

June 2021 (Amendments to IFRS 16) impact

Amendments to IAS 37 - Onerous Contracts 1-Jan-22 Not likely that there will be a material

(Cost of Fulfilling a Contract) impact

3. RISK MANAGEMENT

3.1. Capital risk management

Capital risk is the potential of loss of part or all of an investment. The Authority’s objectives when managing capital are to

safeguard its ability to continue as a going concern in order to provide financial stability and benefits for other stakeholders.

The Authority maintains its capital by not providing dividends. BIPA capitalizes surpluses and this has seen an increase in

assets. The Authority has no major borrowing covenants.

3.2. Financial risk management

The Authority manages its financial risk in order to achieve economic value. Liabilities are managed at reasonable amounts

to avoid operational default, legal and reputational risks. Trade receivables, cash and short-term deposits are managed to

avoid default. Liabilities and assets are managed to achieve balanced liquidity for going concern.

3.2.1. Liquidity risk

The Authority’s risk to liquidity is as a result of the funds available to cover future commitments. The Authority manages

the liquidity risks through an ongoing review of future commitments in the form of funding cashflow forecasts which are

prepared and adequate funding facilities are monitored.

The table below summarises the maturity profile of the entity’s financial liabilities at 31 March 2021 based on contractual

undiscounted payments:

At 31 March 2021 Less than 1 Year More than 1 Year

Current liabilities 17,022,355 -

At 31 March 2020 Less than 1 Year More than 1 Year

Trade and other payables 11,885,116 -

3.2.2. Interest rate risk

The Authority have short-term investments that are managed using agreed interest rate. Any change that might impact

interest rates to negative rates are monitored. The Authority is flexible in terms of withdrawal of funds.

The Authority manages interest rate risk on short-term investments through investment guidelines for all investments and

the Authority invests with major banking institutions with high quality credit standing. The interest received on cash and

cash equivalents at financial institutions are minimal and therefore interest rate risk is identified as insignificant. Any interest

rate achieved by the Authority is highly favored, than keeping the funds idle.

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 95

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

3.2.3. Credit risk

Credit risk is the risk of financial loss to the Authority if a customer or counter-party to a financial instrument fails to meet

contractual obligation and arises from cash deposits and trade receivables. Financial assets exposed to credit risk at year

end were as follows:

Financial Instrument 2021 2020

Trade and other receivables (excluding deposits) 5,127,893 6,679,024

Less: Loss allowance (12,663) (6,811)

Net trade and other receivables 5,115,230 6,672,213

Cash and cash equivalents 18,307,161 4,558,548

The Authority limits its exposure to credit risk from receivables with ARIPO and WIPO by frequently calling for funds to

Namibia. The Authority monitors its rental deposits with landlords and requests refunds upon termination.

3.2.4. Foreign exchange risk

The Authority is exposed to foreign exchange risk, as the entity has financial assets denominated in foreign currency. These

foreign transactions include accrued income from the international listing on trademarks, patents, industrial designs,

utilities and copyrights. Exchange risks are managed through preserving of foreign currency earned on said country and

only bring them when exchange rates are favourable. Financial assets exposed to foreign exchange risk at year end were as

follows:

At 31 March 2021

Financial Instrument Foreign Currency Amount in Foreign Amount in Local

Currency Currency (N$)

Trade and other receivables:

• Accrued income - African Regional US Dollar 133,945 1,997,132

Intellectual Property Organisation (ARIPO)

• Accrued income - World Intellectual Swiss Franc 173,042 2,721,417

Property Organisation (WIPO)

At 31 March 2020

Financial Instrument Foreign Currency Amount in Foreign Amount in Local

Currency Currency (N$)

Trade and other receivables:

• Accrued income - African Regional US Dollar 151,993 2,721,448

Intellectual Property Organisation (ARIPO)

• Accrued income - World Intellectual Swiss Franc 206,163 3,656,271

Property Organisation (WIPO)

3.2.5. Going concern risk

The Authority has assessed the going concern risk. Based on cash flow projections for the year 2021/2022, the Authority

will continue for the foreseeable future.

96 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

3.2.6. Market risk

The Authority has been established as a public enterprise under the BIPA Act, 2016 (Act No.8 of 2016), mandated to

administer the registration of businesses, collect annual duties and protection of intellectual property thereof. The Authority

is therefore the only entity mandated to so, thus does not give exposure to market risk. However, the COVID-19 pandemic

is likely to impact the Authority’s business, as most businesses are likely to default on payments of annual duty.

3.2.6.1. Fair value hierarchy

Recurring fair value measurements

Level 1 Level 2 Level 3 Total

as at 31 March 2021

Financial assets

Financial assets at fair value through

profit or loss:

• Trade and other receivables

  • - 5,127,893 5,127,893

(excluding deposits)

• Other financial assets - - 30,418,200 30,418,200

• Cash and cash equivalents - - - -

Total financial assets - - 35,546,093 35,546,093

Financial liabilities

• Trade and other payables - - 17,022,355 17,022,355

Total financial liabilities - - 17,022,355 17,022,355

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 97

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

4. PROPERTY, PLANT AND EQUIPMENT

2021 2020

Cost / Accumulated Carrying Cost / Accumulated

Carrying value

Revaluation Depreciation value Revaluation Depreciation

Land 10,775,000 - 10,775,000 - - -

Buildings 1,125,000 (16,875) 1,108,125 - - -

Furniture and fixtures 2,296,159 (687,923) 1,608,236 2,519,523 (763,119) 1,756,404

Motor vehicles 1,765,926 (1,524,796) 241,130 1,765,926 (1,279,442) 486,484

Office equipment 441,339 (104,668) 336,672 698,680 (201,537) 497,143

IT equipment 2,792,904 (1,872,598) 920,306 2,956,819 (1,956,100) 1,000,719

Other Fixed Assets 7,550,255 (994,977) 6,555,278 6,542,951 (555,705) 5,987,246

Capital work in progress 12,842,529 - 12,842,529 12,842,529 - 12,842,529

39,589,112 (5,201,837) 34,387,276 27,326,429 (4,755,903) 22,570,526

Reconciliation of property, plant and equipment - 2021

Accumulated

Opening balance Additions Disposals Depreciation Total

Dep Reversal

Land * - 10,775,000 - - - 10,775,000

Buildings * - 1,125,000 - - (16,875) 1,108,125

Furniture and fixtures 1,756,404 534,684 (805,267) 328,688 (206,273) 1,608,236

Motor vehicles 486,484 - - - (245,354) 241,130

Office equipment 497,143 352,949 (742,730) 343,415 (114,105) 336,672

IT equipment 1,000,719 372,639 (536,555) 606,263 (522,760) 920,306

Other Fixed Assets 5,987,246 1,154,801 (147,497) 11,037 (450,309) 6,555,278

Capital work in progress 12,842,529 - - - - 12,842,529

22,570,525 14,315,073 (2,232,048) 1,289,402 (1,555,676) 34,387,276

*Land and Building. The Authority received a donation of a property at a certain Erf no. 8681 (A portion of Erf 1575), Windhoek, Registered

Government title No. T.3063/2020. The property was valued by Pierewiet Property valuator on 8 December 2021. Land valued at

N$ 10,775,000 and building at N$ 1,125,000

Reconciliation of property, plant and equipment - 2020

Other

Opening balance Additions Disposals Depreciation Total

adjustments

Furniture and fixtures 1,669,378 - 313,660 - (226,634) 1,756,404

Motor vehicles 731,836 2 - - (245,354) 486,484

Office equipment 76,038 1 527,891 - (106,787) 497,143

IT equipment 647,645 (1) 880,554 - (527,479) 1,000,719

Other Fixed Assets 4,644,171 1 1,715,260 - (372,186) 5,987,246

Capital work in progress 12,842,529 - - - - 12,842,529

20,611,597 3.00 3,437,365 - (1,478,440) 22,570,525

5. INTANGIBLE ASSETS

2021 2020

Cost Accumulated Carrying Cost Accumulated Carrying

amortisation value amortisation value

Computer Software 6,912,512 (1,503,440) 5,409,071 4,418,614 (285,810) 4,132,804

6,912,512 (1,503,440) 5,409,071 4,418,614 (285,810) 4,132,804

Reconciliation of

intangible assets - 2021 Opening Additions Disposals Amortisation Total

balance

Computer Software 4,132,804 2,493,898 - (1,217,630) 5,409,071

4,132,804 2,493,898 - (1,217,630) 5,409,071

Reconciliation of intangible

assets - 2020

Opening

Additions Disposals Amortisation Total

balance

Computer Software - 4,418,614 - (285,810) 4,132,804

  • 4,418,614 - (285,810) 4,132,804

98 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

6. TRADE AND OTHER RECEIVABLES

Current assets

Trade receivables 30,595 -

Deposits 300,756 403,522

Staff Advances 378,749 293,440

Accrued income - African Regional Intellectual Property Organisation 1,997,132 2,721,448

Accrued income - World Intellectual Property Organisation 2,721,417 3,656,271

Other receivables - Ministry of Industrialization and Trade - 7,865

Less: Loss allowance (see note 7.(iii)) (12,663) (6,811)

5,415,986 7,075,735

(i) CLASSIFICATION OF TRADE RECEIVABLES

Trade receivables are amounts due from customers for services performed during the course of the business. They are generally due

within 30 days and therefore are all classified as current. Trade receivables are recognised initially at the amount of consideration

that is unconditional unless they contain significant financing conditions, when they are recognised at fair value. The Authority holds

trade receivables with the objective to collect the contractual cash flows and therefore measures them subsequently at amortised

cost using the effective interest method. Details about the Authority’s impairment policies and the calculation of the loss allowance

are provided in note 1.5.5.

(ii) FAIR VALUE OF TRADE RECEIVABLES

Due to the short-term nature of the current receivables, their carrying amount is considered to be the same as their fair value.

(iii) IMPAIRMENT AND RISK EXPOSURE

Information about impairment of trade receivables and the Authority’s exposure to credit risk, foreign currency risk and interest rate

risk can found in note 1.9, 3.2.2, 3.2.3, 3.2.4.

Exposure to credit risk

Trade receivables inherently expose the Authority to credit risk, being the risk that the Authority will incur financial loss if customers

fail to make payments as they fall due.

The Authority’s historical credit loss experience does not show significantly different loss patterns for different customer segments.

The provision for credit losses is therefore based on past due status without disaggregating into further risk profiles. The loss allow-

ance provision is determined as follows:

2021 2021 2020 2020

Estimated gross Loss allowance Estimated gross Loss allowance

carrying amount (Lifetime carrying amount (Lifetime expect-

at default expected credit at default ed credit loss)

loss)

Not past due: 0.25% (2020: 0.1%) 5,049,900 12,625 6,781,242 6,781

Less than 30 days past due: 0.01% (2020:0.01%) 378,749 38 301,305 30

31 - 60 days past due: 1% (2020:1%) - - - -

61 - 90 days past due: 1% (2020:1%) - - - -

91 - 120 days past due: 1% (2020:1%) - - - -

5,428,649 12,663 7,082,546 6,811

7. OTHER FINANCIAL ASSETS

Fair value through profit or loss (FVTPL)

Unit trusts

• Opening balance 26,917,589 15,273,714

Movements for the year

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 99

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

7. OTHER FINANCIAL ASSETS (CONTINUED)

• Money invested 11,500,000 20,300,000

• Money withdrawn (9,291,627) (10,000,000)

• Dividend received and reinvested 1,292,238 1,343,875

Total movement 3,500,611 11,643,875

Carrying value 30,418,200 26,917,589

Fair value 30,418,200 26,917,589

(i) CREDIT QUALITY OF OTHER FINANCIAL ASSETS

The credit quality of cash at bank and short-term deposits excluding cash on hand that are neither past due nor impaired can be

assessed by reference to external credit ratings (if available) or historical information about counterparty default rates:

CREDIT RATING:

Capricorn Asset Management (Pty) Limited (A1+ Moody’s credit rating) 30,418,200 26,917,589

8. CASH AND CASH EQUIVALENTS

Current assets

Cash in hand 3,136 1,703

Cash at bank 1,412,797 (1,009,342)

Deposits at call 16,891,228 5,566,186

18,307,161 4,558,548

(i) RECONCILIATION TO CASH FLOW STATEMENT

The above figures reconcile to the amount of cash shown in the statement of cash

flows at the end of the financial year as follows:

Balances as above 18,307,161 4,558,548

Balances statement of cash flows 18,307,161 4,558,548

(ii) CREDIT QUALITY OF CASH AT BANK AND SHORT-TERM DEPOSITS EXCLUDING CASH IN HAND

The credit quality of cash at bank and short-term deposits excluding cash on hand that are neither past due nor impaired can be

assessed by reference to external credit ratings (if available) or historical information about counterparty default rates:

CREDIT RATING:

Bank Windhoek Limited (A1+ Moody’s credit rating) 3,477,085 (11,421)

CREDIT RATING:

First National Bank Namibia (ba3 Moody’s credit rating) 2,386,022 4,084,341

CREDIT RATING:

Nedbank Namibia (zaA-1+ Moody’s credit rating) 12,440,918 483,925

9. TRADE AND OTHER PAYABLES

Trade creditors 5,138,684 2,212,660

Other Payables - Namibia Training Authority 181,874 181,874

Sundry creditors 6,375 1,565,130

Provision for salary bonus 5,698,202 3,939,000

Provision for leave pay 5,997,220 3,986,452

17,022,355 11,885,116

Due to the short nature of trade and other payables the fair value approximate the carrying amount.

100 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

10. CONTRIBUTION 34,491,766 34,491,766

The BIPA established under the BIPA Act, 2016 (Act No. 8 of 2016)

took over all the assets and liabilities of the BIPA established under

section 21 of the Companies Act.

RECONCILIATION

Opening balance 34,491,766 34,491,766

Contributions during the year - -

Balance as at year end 34,491,766 34,491,766

11. DEFERRED INCOME

Opening balance 3,247,039 3,247,039

Depreciation charge for the year (231,931) -

3,015,108 3,247,039

12. REVENUE FROM CONTRACTS WITH CUSTOMERS

12.1 Disaggregation of revenue from contract with customers

Timing of Timing of Revenue Revenue

revenue revenue from external from external

recognition recognition customers customers

  • Over time - At point in time - 2021 - 2020

Income from Registrations of

Companies, Close Corporation and - 4,865,802 4,865,802 4,839,232

Defensive names

Income from Amendments of

  • 502,728 502,728 840,476

Companies and Close Corporation

Registration of Trademarks, Patents

  • 4,729,740 4,729,740 4,370,079

and Copyrights

Other income - file request and

  • 110,988 110,988 73,429

copies

Total - 10,209,258 10,209,258 10,123,216

12.2. Disaggregation of revenue from non-exchange transactions

Revenue Revenue

from external from external

customers customers

  • 2021 - 2020

Income from Annual Duties and

64,018,118 46,152,840

Returns

Total 64,018,118 46,152,840

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 101

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

13. OTHER INCOME

Share of fees - African Regional

Intellectual Property Organisation 4,253,800 2,766,991

(ARIPO)

Sundry Income 2,005 13,100

Share of fees - World Intellectual

2,850,214 3,092,114

Property Organisation (WIPO)

Government Grants - Ministry of Industrialization and Trade (“MIT”) 5,800,200 21,500,000

Profit on sale of property, plant and

1,496 -

equipment

Grant received (Cash) - Deutsche Gesellschaft fur Internationale Zusamme-

722,169 1,282,584

narbeit

Donation received (Deferred income) - Deutsche Gesellschaft fur Interna-

231,931 231,931

tionale Zusammenarbeit

Exchange (gain)/loss - 1,417,815

Donation received - Land and Building (MIT) (refer to

11,900,000 -

note 4:PPE)

25,761,815 30,304,535

14. OPERATING SURPLUS / (DEFICIT)

Operating Surplus / (Deficit) for the

year is stated after accounting for

the following:

Operating lease charges

Premises

• Contractual amounts - Head office

59,195 1,522,837

(Short-term lease)

Equipment

• Contractual amounts (Low value lease) 278,464 521,393

Depreciation on property, plant and

3,986,766 4,063,436

equipment (note 4,5 & 20)

Employee costs 54,982,924 48,178,151

15. EMPLOYEE COSTS

Basic Salaries 40,274,442 34,593,780

Pay As You Earn (PAYE) 7,803,038 7,256,554

Medical Aid 1,625,148 1,352,335

Nedloans Contributions - 72,738

Namibia Public Workers Union (NAPWU) 143,489 120,546

Defined Pension Fund 4,882,734 4,510,359

Social Security Contribution 254,073 271,839

54,982,924 48,178,151

102 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

16. TAXATION

The Authority is exempt from income tax in terms of section 16(1)

of the Income Tax Act of Namibia, as amended.

17. FINANCE INCOME AND COSTS

Finance income

Bank 94,298 165,775

Interest on short term Investments 1,292,238 1,343,875

1,386,536 1,509,650

Finance costs

Finance charges for lease liabilities (286,561) (512,585)

Net finance income 1,099,975 997,065

18. AUDITOR’S REMUNERATION

Auditor’s fees 333,324 148,586

19. CASH USED IN OPERATIONS

Surplus for the year 24,972,972 17,015,434

Adjustments for:

Depreciation and amortisation 3,986,766 4,063,436

Loss (gain) on foreign exchange 835,382 (1,417,815)

Loss on sale of Non-Current Assets 635,525 -

Profit on sale of non-current assets (1,496) -

IFRS 16 Finance cost 286,561 -

Finance Income (1,386,536) -

Provision for expected credit losses 12,663 -

Non-cash investing and financing activities

• Balancing figure - 24,829

• Donation received - Land and Buildings (11,900,000) -

• Adjustment to opening balance (38,476) -

• Deferred income release to income statement (231,931) -

• Other non-cash items 1,496 -

Changes in working capital:

Decrease / (Increase) in trade and other receivables 1,647,086 (2,184,730)

(Decrease) / Increase in trade and other payables 4,301,857 4,160,109

23,121,869 21,661,263

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 103

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

20. LEASES

20.1. Amounts recognised in the statement of financial position

The statement of financial position shows the followings relating to leases:

Right-of-use assets

Opening balance 3,640,379 5,939,565

Depreciation (1,213,459) (2,299,186)

2,426,920 3,640,379

Lease liabilities

Current 1,620,887 2,370,781

Non-Current - 1,620,877

1,620,887 3,991,658

20.2. Amounts recognised in the statement of surplus or deficit

The statement of comprehensive income shows the following

amounts relating to leases:

Depreciation charge-of-right of use

Buildings 1,213,459 2,299,186

1,213,459 2,299,186

20.3. Operating lease - as leasee (expense)

Interest expense (included in finance costs) 286,561 512,585

Expense relating to short-term leases (included in cost of goods sold and 59,195 1,522,837

administrative expenses)

Expense relating to variable lease payments not included in lease liabilities

(included in administrative expenses) 278,464 521,393

The Authority leases various equipment and office buildings. All have a fixed term lease periods of three years. The

lease terms are negotiated differently and have different terms of conditions. Extensions and termination are explicitly

included.

Right-of-use leases asset are depreciated at the shorter of asset’s useful life and the lease term on a straight line

basis.

104 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

21. RELATED PARTIES

21.1. RELATIONSHIP

Related party relationship exists between the Authority and:

Entity / Organisation Relationship

Key Management

Ministry of Public Enterprises State Enterprise Governance /

Government

Ministry of Industrialization and Trade (“MIT”) Line Ministry / Government

Ministry of Finance Treasury / Government

African Regional Intellectual Property Organisation (ARIPO) Member State

World Intellectual Property Organisation (WIPO) Member State

Corporate Registers Forum (CRF) Member State

21.2. TRANSACTIONS

Related party transactions:

21.2.1. Key Management

• Chief Executive Officer and Executives 3,046,831 2,970,646

Key management comprises of the Chief Executive Officer,

four (4) Executives, and two (2) Acting Executives

21.2.2. Other Income

• Share of fees - African Regional Intellectual Property Organisation (ARIPO) 4,253,800 2,766,991

• Share of fees - World Intellectual Property Organisation (WIPO) 2,850,214 3,092,114

21.2.3. Government Grants

• Ministry of Industrialization and Trade (“MIT”) - Grant received 5,800,200 21,500,000

21.2.4. Other income

• Donation received - Land and Building 11,900,000 -

21.2.5. Operating expenses

• ARIPO Specific Membership Contribution 482,094 461,913

• WIPO Membership Contribution 47,234 41,216

• CRF Membership Contribution 6,356 6,028

• State-Owned Enterprise CEO Forum Membership Contribution 20,000 20,000

555,684 529,157

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 105

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Notes to the Annual Financial Statements (Continued)

2021 2020

N$ N$

21. RELATED PARTIES (Continued)

21.3. BALANCES

Related party balances:

21.3.1. Trade and other receivables

• African Regional Intellectual Property Organisation (ARIPO) 1,997,132 2,721,448

• World Intellectual Property Organisation (WIPO) 2,721,417 3,656,271

• Ministry of Industrialization and Trade (“MIT”) - 7,865

22. BOARD MEMBERS EMOLUMENTS

Non-Executive Directors emoluments consists of:

• Sitting and retainer allowances 393,933 229,178

• Travelling expenses (Daily Subsistence & Travel Allowance) 110,971 178,420

504,904 407,598

23. EXPENSE BY NATURE

• Bar-coding retrieval file 1,349,800 1,365,779

• Consulting fees 3,337,893 2,457,887

• Depreciation and amortization 3,986,766 4,063,436

• Salaries and wages 54,982,924 48,178,151

• Loss on sale of Non-Current Assets 635,525 -

• Silnam Support Services 1,932,000 1,932,000

• Telephone & fax 1,521,488 1,265,067

• Other operating expenses 8,656,360 11,812,488

76,402,755 71,074,807

106 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Detailed Statement of Surplus or Deficit and Other Comprehensive Income

2021 2020

N$ N$

Revenue

Income from Registrations of Companies, Close Corporation and Defensive 4,865,802 4,839,232

names

Income from Amendments of Companies and Close Corporation 502,728 840,476

Income from Annual Duties and Returns 64,018,118 46,152,840

Registration of Trademarks, Patents and Copyrights 4,729,740 4,370,079

Other income - file request and copies 110,988 73,429

74,227,376 56,276,056

Other income

Share of fees - Africa Regional Intellectual Property Organisation (ARIPO) 4,253,800 2,766,991

Sundry income 2,005 13,100

Share of fees - World Intellectual 2,850,214 3,092,114

Property Organisation (WIPO)

Government Grants - Ministry of Industrialization and Trade (“MIT”) 5,800,200 21,500,000

Grant received (Cash) - Deutsche Gesellschaft fur Internationale 722,169 1,282,584

Zusammenarbeit (GIZ)

Interest received 1,386,536 1,509,650

Profit on sale of property, plant and 1,496 -

equipment

Donation received (Deferred income) - Deutsche Gesellschaft fur 231,931 231,931

Internationale Zusammenarbeit (GIZ)

Donation received - Land and Building 11,900,000 -

Exchange (gain)/loss - 1,417,815

27,148,351 31,814,185

Expenses (Refer to page 108 & 109) (76,402,755) (71,074,807)

Surplus for the year 24,972,972 17,015,434

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 107

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Detailed Statement of Surplus or Deficit and Other Comprehensive Income (Continued)

Note(s) 2021 2020

N$ N$

Operating expenses

ARIPO Specific contribution 482,094 461,913

Advertising 269,707 343,949

Auditors remuneration 18 333,324 148,586

Bank charges 199,060 245,546

Bar-coding retrieval file 1,349,800 1,365,779

Books, Journals and Manuals 6,147 20,904

Cleaning 114,725 99,687

Computer expenses 683,969 853,800

Consulting fees 3,337,893 2,457,887

Courier & Postage 458,206 472,814

Covid - 19 expenses 592,164 300,643

Depreciation and amortisation 4,5 & 20 3,986,766 4,063,436

Directors fees 393,933 229,178

Electricity & Water 470,749 557,934

Employee costs 15 54,982,924 48,178,151

Finance costs 286,561 512,585

Flowers & Gifts 46,175 -

Loose tools and equipment 5,135 16,560

Loss allowance 12,663 6,811

Loss on sale of Non-Current Assets 635,525 -

Insurance 113,355 123,013

Lease of machinery 278,464 521,393

Legal expenses - -

Loss on exchange difference 835,382 -

Motor vehicle expenses 95,036 173,403

Membership fees 42,209 54,205

NTA - VET Levy 469,900 505,782

Parking fees and fines - 1,000

Printing & Stationery 739,047 947,486

Promotions 41,915 23,696

Rent Paid 59,195 1,522,837

Recruitment expenses - 43,706

Refreshments 71,625 69,881

Repairs & Maintenance 163,865 684,997

108 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

Business and Intellectual Property Authority

Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)

ANNUAL FINANCIAL STATEMENTS

for the year ended 31 March 2021

Detailed Statement of Surplus or Deficit and Other Comprehensive Income (Continued)

Note(s) 2021 2020

N$ N$

Retreats, Conferences and Team 120,063 98,889

Building

Rewards & recognition 1,250 -

Security 490,520 864,264

Silnam Support Services 1,932,000 1,932,000

Telephone & fax 1,521,488 1,265,067

Training/Capacity Building 254,482 360,283

Travelling costs 476,093 1,459,116

WIPO Contribution 47,234 41,216

WIPO Day - 24,848

Wellness event 2,110 21,562

76,402,755 71,074,807

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 109

NOTES

110 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021

ANNUAL REPORT 2020/2021 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY 111

HEAD OFFICE KATUTURA OFFICE BIPA REGIONAL OFFICE – ERONGO

PZN Building, 3 Ruhr Street Erf No: 2780 Shire street Sam Nujoma Avenue

Northern Industrial Area Wanaheda Erf No: 3147

Windhoek, Namibia Extension 2 Walvis Bay

P O Box 185, Windhoek Tel: 061 299 4452 Tel: 064 220170

Tel: 061 299 4400

112 BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2020/2021