BIPA Annual Report 2021 – 2022
- Category
- Company strategy documents
- Size
- 2.9 MB
Business and Intellectual Property Authority Annual Report 2021/2022
2 2
2 0
0 2
ANNUAL
REPORT
Rebuild, Revive, Restore.
Rebuild, Revive, Restore. 1
Business and Intellectual Property Authority Annual Report 2021/2022
ABOUT OUR THEME:
Rebuild, Revive, Restore.
H aving exhibited resilience to the Covid-19 pandemic and the geo-
political shocks induced by political instability, the 2021/2022
financial year showcases BIPA’s effort towards not only restoration
and revival, but rebuilding of the core foundations of the Authority’s
mandate.
The business landscape was immensely affected by these world
events and hence revival and restoration required the intervention
and efforts of BIPA as a competent authority, business stakeholders
and the industry players. This tripartite relationship also represents
the triangular theme, while the lifeline represents the ups and down
of doing business during these difficult times. BIPA’s efforts have been
critically reflected in the timely and innovative interventions by the
Authority which saw among others, the Authority review some of its
legislation as well as developing a robust stakeholder engagement
strategy to strengthen external ties with domestic and foreign
business entities.
This therefore demonstrates how BIPA is on the leading edge of a
self-reinforcing process which promises greater acceleration in
the registration, administration and protection of businesses, and
commercial and industrial properties rights. Pursuant of growing the
business landscape, this Annual Report is central to outlaying the
nexus that exists between BIPA and the Namibian businesses industry
in rebuilding the business sector as a catalyst of economic growth.
2 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
TABLE OF CONTENTS
1 2 3
ACRONYMS 2021/2022 AT A GLANCE STATEMENT:
AND ABBREVIATIONS – KEY PERFORMANCE BOARD
STATISTICS CHAIRPERSON
4 5 6
4 CEO’S REVIEW
10 5 ABOUT BIPA
14 6 CORPORATE
GOVERNANCE
7 EFFECTIVE AUDIT AND
RISK MANAGEMENT
28 8 EXECUTIVE
MANAGEMENT
32 9 OUR OPERATIONAL
THRUST
10 11 12
REGULATORY AND TOWARDS ENHANCED
ANNUAL FINANCIAL
POLICY DEVELOPMENT STAKEHOLDER
STATEMENTS
UPDATE CONFIDENCE
81 83 86
Rebuild, Revive, Restore. 3
Business and Intellectual Property Authority Annual Report 2021/2022
1. ACRONYMS AND ABBREVIATIONS
4IR Fourth Industrial Revolution IPR Intellectual Property Rights
ARIPO African Regional Intellectual Property Organisation ICAN Institute of Chartered Accountants of Namibia
ARAMN Association of Records and Archive Management in Namibia ICT Information and Communication Technologies
BCP Business Continuity Plan IT Information Technology
BIPA Business and Intellectual Property Authority MIT Ministry of Industrialisation and Trade
iBRS Integrated Business Registration System N$ Namibia Dollar
CC Close Corporation NaCC Namibia Competition Commission
CEO Chief Executive Officer NUST Namibia University of Science and Technology
ERP Enterprise Resource Planning PCT Patent Cooperation Treaty
FRAC Finance, Risk and Audit Committee ROI Return on Investment
FY Financial Year SME Small and Medium Enterprise
GLEC Governance, Legal and Ethics Committee SMME Small, Medium,and Micro Enterprises
HRRC Human Resources and Remuneration Committee SOE State-Owned Enterprise
iBRS Integrated Business Registration System PE Public Enterprise
ICSF Integrated Client Service Facility SPPC Strategic Planning and Projects Committee
ICRS Integrated Company Registration System WIPO World Intellectual Property Organisation
IP Intellectual Property
4 Rebuild, Revive, Restore.
BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY ANNUAL REPORT 2021/2022
Business and Intellectual Property Authority Annual Report 2021/2022
2. KEY PERFORMANCE STATISTICS
FOR THE 2021/22 FINANCIAL YEAR
LEADERSHIP NEARLY
RENEWAL 13 000 28% INCREASE
WITH A NEW BOARD BUSINESSES IN REGISTERED
APPOINTED REGISTERED BUSINESSES
ON 01 OCTOBER 2021
12% REVENUE 1717
CALL CENTRE SURPLUS OF BRANDS
SATISFACTION N$93.92 MILLION (TRADEMARKS)
LEVEL OF (UP FROM N$83.67 PROTECTED
73% MILLION)
Rebuild,Revive,
Rebuild, Revive,Restore.
Restore. 55
Business and Intellectual Property Authority Annual Report 2021/2022
3. STATEMENT BY THE BOARD CHAIRPERSON
Mr. Immanuel !Hanabeb
6 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
“With utmost gratitude
to the previous Board whose
term ended on 30 September
2021, we acknowledge that the
reporting period has challenged
familiar ways of doing
business, further increasing
the imperative for greater
adaptability and agility.”
– Immanuel !Hanabeb
BIPA Board Chairperson
Rebuild, Revive, Restore. 7
Business and Intellectual Property Authority Annual Report 2021/2022
STATEMENT BY THE BOARD CHAIRPERSON
H aving been appointed as the Board Chairperson
of BIPA in October 2021, I am pleased to deliver
The rapidly evolving competitive environment
demands that we are responsive in order to remain “Within our role
and mandate, we
my maiden statement and report that as a new Board, relevant. This year, we have re-anchored our
we are fortunate to have followed in the footsteps strategy to deliver growth as an Authority and to the
of our predecessors, having strategically steered the business community. We aspire to be a leading public
BIPA ship to this point. As a new Board, we continue
to improve our understanding of stakeholder needs
enterprise, bringing possibilities to life and being
the primary partner to our clients. We will achieve
will need to further
while engaging to identify initiatives that can create
value for the Authority and its clients.
this by becoming a digitally powered organisation,
underpinned by a winning, talented and diverse team,
strengthen the
With utmost gratitude to the previous Board whose
and being an active force for promoting good and
sound corporate governance principles. company registration
system in particular,
term ended on 30 September 2021, we acknowledge
that the reporting period has challenged familiar ways Within our role and mandate, we will need to further
of doing business, further increasing the imperative strengthen the company registration system in
for greater adaptability and agility. Despite continued
challenges in the economic environment as well as the
particular, as part of our efforts to be a smart and
effective regulator. BIPA will also need to improve
as part of our efforts
adverse impact of Covid-19, we remained committed
to building a resilient business that delivers value to all
the ease of transacting and strengthen regulatory
capabilities. This is important for BIPA to stay in the
to be a smart and
our stakeholders. forefront of business sustainability.
effective regulator.”
Globally, monetary policy looks set to tighten the We acknowledge that the lack of a modern business
rapidly rising inflation, as economies contend with law to give effect to the ease of doing business in
low growth, resulting in higher interest rates and Namibia which is an indispensable factor contributing
market volatility around the world; this would be no to the realization of the National Vision 2030, NDP5,
different to what will be experienced by businesses Namibia’s Industrialization Policy and the Growth
locally. Many emerging economies such as ours, have at Home Strategy among other developmental
nonetheless exhibited resilience, which has given the blueprints. In response to this challenge, BIPA in its
business industry a huge boost with prospects of an strategic plan has started with a project to reform the
economic growth rate of 3.2% in the next financial business legal framework aimed at bringing Namibia
year. in alignment with the latest developments in the
business legislative landscape.
8 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
STATEMENT BY THE BOARD CHAIRPERSON (CONTINUED)
We are also moving towards mitigating our modern ICT unprecedented time in history. Our achievements in
infrastructure gap to meet expectations of customers this financial year would not have been possible without
and other stakeholders, and to move with times as the significant efforts and steadfast determination of
the world enters into the Fourth Industrial Revolution all our colleagues, for which I am incredibly grateful. I
(4IR) where digitisation and artificial intelligence will am privileged to have been part of an innovative Board
change the way work is carried out. In this regard, BIPA which is backed by a very supportive Line Ministry. I also
has undertaken to implement an online Integrated wish to extend my thanks to the Executive Committee
Business Registration System (iBRS) to provide led by, CEO, Vivienne Katjiuongua which has been
modern, integrated and flexible business registration instrumental in executing our strategic objectives.
services. The aim is to implement a suitable solution
that can provide an easy-to-use online portal for BIPA
customers, BIPA staff, and all other stakeholders.
The new system will reduce the number of days and
procedures to register a business and integrate with
all of BIPA’s current key internal systems and that of Immanuel !Hanabeb
external stakeholders to support BIPA’s operational Chairperson of the Board
processes and improve customer experience.
What is undeniable in this endeavour is that the
alignment between management and the Board
is vital in forging a holistic approach to advancing
transformation, diversity and inclusion across the
Authority. As we look ahead into the 2022/23 financial
year, we remain focused on continuing to adapt
our offering to customers through strategic and Finally, I am encouraged by the significant strides made
sustainable innovations, investments and partnerships in bringing possibilities to life for all our stakeholders –
that generate value for our customers and all our working as one BIPA team united across all our business
stakeholders. We will continue to pursue opportunities units. This progress heralds our ability to remain
for growth in support of our integrated financial focused on our strategic intent, achieving what we
services offering. set out to do despite the uncertainty faced within this
Rebuild, Revive, Restore. 9
Business and Intellectual Property Authority Annual Report 2021/2022
4. CHIEF EXECUTIVE OFFICER’S OVERVIEW
Ms. Vivienne Katjiuongua
10 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
The past two years have
proven that BIPA can be agile
in responding to challenges
brought about by an ever
changing global terrain.
- Vivienne Katjiuongua
BIPA Chief Executive Officer
Rebuild, Revive, Restore. 11
Business and Intellectual Property Authority Annual Report 2021/2022
CHIEF EXECUTIVE OFFICER’S OVERVIEW
T his year’s Annual Report comes at a time when
the COVID-19 pandemic has largely abated, but
the global economic recovery is weighed down by
scope for a stronger financial position in the future.
Our consistent delivery of our promise – to be the
catalyst of economic growth for a transformed business
new troubles. Outbreaks of the virus continue to landscape and an innovative nation – has translated
result in slower growth in some economies and the into a sustainable business environment in every sense.
war in Ukraine has worsened global price and supply
pressures.
OUR OPERATIONS
Amid these challenge, I have witnessed our business
communities standing together to protect what is The past two years have proven that BIPA can be
valuable to them and experienced the determination of agile in responding to challenges brought about by
a team that inspires its colleagues to remain confident an ever changing global terrain. We have remained
and strive for the best. The events over the past two committed to delivering innovative propositions for
years confirmed the loyalty of our stakeholders and our stakeholders that fully satisfy their day-to-day
the immeasurable value of our team at BIPA. While requirements, based on a deep understanding of their
we expect the global and local economic climates to needs.
remain fragile, I am confident that BIPA has the means
to continue to perform above average in the business For the reporting period, the Authority registered
sector where our assets are rooted. a total of 12 925 businesses. Close Corporations
represent the highest business categories registered at
89%, as has been in previous years. Consequently, the
POSITIVE FINANCIAL PERFOMANCE Authority saw a 28% increase in registered businesses
of N$4.5 million ended in a surplus, indicating winning in comparison to the previous financial year in which
In another year of economic turmoil, we have strategies to drive revenue. Further, revenue from close the Authority registered 10 089 businesses. This
demonstrated our ability to adapt to uncertainty, and corporations, company registration services, annual reality bears testament to the notion that BIPA has
we have emerged with a strong balance sheet which duties, file requests, copies, and interest received been delivering on its mandate. It also showcases the
provides us with a solid basis on which to build. was achieved above 100% which contributed to the resilience of Namibian business owners to overcome
performance. On the expenditure side, we spent less even the toughest of times and reminds of the saying:
Essentially, the Authority recorded a surplus of N$7.9 than our operational budget, only spending 84% of the if the going gets tough, the tough gets going. While
million despite cost increases and the impact of the budgeted N$96 million. Holistically therefore, BIPA had this is so, a key area of focus across the Authority has
Covid-19 pandemic in the previous financial year. What positive cash flow and the excess cash was invested been to continue to adapt the business so that, whilst
this ultimately translated to is that, the expected deficit in bettering our operations and ultimately provide one eye is focused on effectively serving the current
12 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
CHIEF EXECUTIVE OFFICER’S OVERVIEW (CONTINUED)
“For the reporting needs of customers, the other focuses on ensuring that
the Authority’s operations continue to be fit for the
level of BIPA. We take care to give our employees clarity
about their roles and an understanding about the part
period in which future. The needs of our clients continue to evolve and
so is our offering in response to the dynamic customer
they play towards our business objectives. We are also
committed to creating an inclusive working environment
preferences. that enables every person to come to work each day and
we prioritised Thus, we introduced electronic business registration
give their very best. By doing so, we are building a high
performance and innovative culture that is guided by our
rebuilding, it has certificates for close corporations and undertook
major ICT projects inclusive of the Enterprise Resource
purpose. For the reporting period in which we prioritised
rebuilding, it has been our employees that delivered our
been our employees Planning (ERP) solution to integrate and manage the
Authority’s processes such as planning, inventory, sales,
results, who engaged with our stakeholders and who are
unlocking our full potential.
that delivered marketing, finance, and human resources.
A customer focused mind-set needs to be a priority in GRATITUDE
our results, who any business, and I am pleased that our approach in the
various divisions to drive the appropriate commercial In conclusion, I am grateful to the Board of Directors
engaged with our decisions across the value chain has been effective. Given
the stakeholder-centric nature of these approaches, we
for its guidance, along with unflinching support from
the line ministry, the Ministry of Industrialisation and
stakeholders and will continue to optimise their value for the benefit of all
our stakeholders.
Trade. BIPA’s Executives have once again guided our staff
through extraordinary times and ensured that we achieve
who are unlocking our mission and vision. I would like to thank the BIPA
staff for upholding our values of integrity, accountability
OUR PEOPLE
our full potential.”
and excellence while faced with monumental challenges
brought on by an uncertain economic environment and
BIPA recognises that diversity and inclusion matter more fostering our pursuit towards rebuilding our industry.
than ever to enable our strategic vision. Therefore,
we remain committed to fostering an inclusive and
transformed workplace to serve our diverse customer
base. Our entire business revolves around people, that is,
of course, our diverse range of stakeholders. An obvious
statement perhaps, but this basic acknowledgement is Vivienne Katjiuongua
at the heart of how we consider our decisions at every Chief Executive Officer
Rebuild, Revive, Restore. 13
Business and Intellectual Property Authority Annual Report 2021/2022
5. ABOUT BIPA
14 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
“Strength and growth
come only through
continuous effort and
struggle.”
– Napoleon Hill, Author
Rebuild, Revive, Restore. 15
Business and Intellectual Property Authority Annual Report 2021/2022
ABOUT BIPA
5.1. Purpose
B “BIPA is also tasked
IPA is mandated to regulate and administer the Against this background, the objectives of BIPA as
registration of business and industrial property in outlined in Section 2 of the Act are:
terms of applicable legislation with the objective
of facilitating economic growth and development, • To foster economic growth and development, with the registration
promoting investment and creating employment
through enhancing the efficient protection of business
and promote investment and employment and
the efficient protection and administration of
of Companies, Close
and intellectual property rights in Namibia.
•
business and intellectual property in Namibia;
To consolidate the various offices and officials
Corporations and
Simultaneously, BIPA is mandated to promote the
conduct and use of business and intellectual property in
involved in the registration and administration
of business and intellectual property;
Defensive Names.”
Namibia; facilitate, streamline, simplify and harmonise • To facilitate and promote the efficient and
the business and industrial property procedures, effective registration of business and intellectual
registrations, filings and searches to expedite economic property and to keep and administer the
growth and development; and to enhance the efficient required registers;
exchange and distribution of information. Protection • To promote the conduct and use of business
of intellectual property rights encourages innovative and intellectual property in Namibia;
economies, enriches individuals and companies, • To facilitate, streamline, simplify, harmonise
preserves wealth and saves lives. and expedite business and intellectual property
procedures, registrations, filings and searches;
BIPA is also tasked with the registration of Companies, and
Close Corporations and Defensive Names. This function • To enhance the efficient exchange and
is not only a vital enabler of a stable and thriving distribution of information.
economy, but also contributes to government’s greater
developmental goals of poverty eradication, the Our vision is “To be the catalyst of economic
alleviation of unemployment and bridging the inequality growth for a transformed business landscape
gap amongst Namibians. and an innovative nation.”
16 Rebuild, Revive, Restore.
Business and Intellectual
BUSINESS PropertyPROPERTY
AND INTELLECTUAL Authority AUTHORITY Annual
ANNUALReport 2021/2022
REPORT 2021/2022
Vision To be the catalyst of economic growth for a transformed
business landscape and an innovative nation.
Mission We protect intellectual assets and make doing business possible
in Namibia.
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
Rebuild, Revive,
Rebuild, Restore.
Revive, Restore. 1717
Business and Intellectual Property Authority Annual Report 2021/2022
5.2. Theme
Our strategy consists of 4 key themes to assist the Authority to reach its goals through • Internal Processes and Governance: To ensure that the organisation is able
enhancing: to meet the clients and stakeholders’ objectives, BIPA aims to improve its
• Financial Sustainability. BIPA aims to become a self-sustaining public Public internal processes and governance framework.
Enterprise by improving its revenue generation. • Operational Excellence: BIPA is focused on its core assets, which are its
• Stakeholder Confidence. BIPA is mandated to provide services to its clients people.
and collaborate with its stakeholders to deliver value to its clients
BOARD OF
STRATEGIC SUPPORT FUNCTIONS
ORGANISATIONAL STRUCTURE
DIRECTORS
CHIEF INTERNAL COMPANY
AUDITOR, RISK AND SECRETARY
INVESTIGATIONS SERVICES
CHIEF EXECUTIVE
OFFICER
MANAGER:
BUSINESS
STRATEGY
STRATEGIC BUSINESS UNITS [AS PER MANDATE]
EXECUTIVE:
EXECUTIVE: EXECUTIVE: MARKETING, EXECUTIVE: EXECUTIVE:
EXECUTIVE: EXECUTIVE:
INFORMATION & LEGAL & COMPANY CORPORATE INTELLECTUAL BUSINESS
HUMAN CAPITAL COMMUNICATION FINANCE &
COMMUNICATION SECRETARY &CLIENT PROPERTY REGISTRATIONS
MANAGEMENT ADMINISTRATION
TECHNOLOGY SERVICES MANAGEMENT SERVICES SERVICES
SERVICES
18 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
5.3. Legislative and other mandates
It is BIPA’s purpose to administer legislation relating to business registration and corporations, trademarks, patents, designs, aspects of copyright legislation and
intellectual property administration. Its mandate encompasses companies, close enforcement of rules and regulations in the following areas of law:
Legislation Mandate
Business and Intellectual Property Authority Act, 2016
Facilitate and promote the efficient and effective registration of business and industrial property in Namibia.
(Act No. 8 of 2016)
Register companies, maintain data, regulate governance of and disclosure by companies, resolve disputes,
Companies Act, 2004 (Act No. 28 of 2004)
educate and inform about all laws, non-binding opinions and circulars, policy and legislative advice.
Close Corporation Act, 1988 (Act No. 26 of 1988) Register close corporations, maintain data, and regulate governance of and disclosure by close corporations.
Industrial Property Act, 2012 (Act No. 1 of 2012) Register and protect trademarks, industrial marks, utility models, patents.
Copyright and Neighbouring Rights Protection Act, 1994
Register copyright, maintain data, resolve disputes, and provide non-binding advice to the public.
(Act No. 6 of 1994)
Merchandise Marks Act, 1941 (Act No. 17 of 1941) To make provision concerning the marking of merchandise and coverings with which merchandise is sold
as Amended and the use of certain words, emblems in connection with business.
Rebuild, Revive, Restore. 19
Business and Intellectual Property Authority Annual Report 2021/2022
6. OUR CORPORATE GOVERNANCE ARCHITECTURE
6.1. BOARD OF DIRECTORS OUTGOING BIPA BOARD MEMBERS
The reporting period was a transition period which saw the previous Board hand over the baton to the new
Board. Essentially, the previous Board’s term of office ended on 30 September 2021 with the new Board taking
over the reins on 01 October 2021.
Mr. Riundja Ali Kaakunga (Othy) Dr. Martha Uumati Mr. Fritz C. Jacob� Ms. Lovisa Indongo-Namandje
Chairperson Vice Chairperson Director Director
Ms. Chaze Nalisa Ms. Seno M. Namwandi Mr. Ignatius K. Thudinyane
Director Director Director
DOB: 03/08/1961 - DOD: 03/07/2021
20 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
“Resilience isn’t a single
skill. It’s a variety of skills
and coping mechanisms. To
bounce back from challenges,
you should focus on
emphasising the positive”
– Jean Chatzky
Rebuild, Revive, Restore. 21
Business and Intellectual Property Authority
6.1 Annual Report 2021/2022
BOARD OF DIRECTORS INCOMING BIPA BOARD MEMBERS
CREDENTIALS
Mr. Immanuel !Hanabeb (Chairperson)
Mr. !Hanabeb holds a Masters Degree in Development Finance, as well as a Post Graduate Diploma in Leadership,
both from the University of Stellenbosch in Cape Town. !Hanabeb has twenty-five (25) years experience in the fields of
accounting, finance, business development, strategy, operations, project management and community development.
He worked in the logistics, road construction and maritime industries, and currently serves as the Chief Executive
Officer of ErongoRed.
Ms. Sara Katiti (Deputy-Chairperson)
Mrs. Katiti holds a Masters Degree in Development Finance from the University of Stellenbosch; and a Bachelor of
Technology and a National Diploma respectively in Accounting and Finance from the Polytechnic of Namibia (NUST).
Mrs. Katiti held various senior management positions in TransNamib, NamPower and City of Windhoek. In addition,
Mrs. Katiti’s professional profile includes directorships on the Boards of a number of entities. Her expertise in corporate
finance, governance and project management makes her an invaluable member of the BIPA Board.
Ms. Ashley Tjipitua
Ms. Tjipitua brings to the table extensive experience in legal and corporate governance, stemming from a career of
13 years in commercial litigation, business management, corporate legal management, board governance, risk and
compliance, and competition law. She holds a MBA in Organisational Leadership from the University of Stellenbosch
Business School, and a LLB degree from the University of Namibia. Ms. Tjipitua served as Director: Enforcement,
Exemptions & Cartels at the Namibian Competition Commission (NaCC); and previously held positions on the Corporate
Legal Advisors & Governance Professionals Association and the Short-term Insurance Committee of the Namibia
Financial Institutions Supervisory Authority (NAMFISA).
22 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Ms. Nancy Watyoka
Nancy Watyoka is an Intellectual Property Expert on Geographical Indications and Collective Trademarks. She holds a
Masters in Intellectual Property from the Africa University (AU), Zimbabwe. Nancy also holds a MDP from University
of Stellenbosch Business School and BTech HRM degree from NUST, Namibia. A social entrepreneur at heart, she is
a founding member of the Child Development Foundation in Namibia and serves as a Trustee of the Hope Village
Foundation.
Mr. Justin Strauss
Mr. Strauss currently serves as the Strategic Executive: Information and Communication Technology at the Namibia
Airports Company. He also held positions at the US Embassy in Windhoek and the Polytechnic of Namibia, now NUST.
Mr. Strauss holds a Bachelor’s Degree of Science, Computer Science and Physics from the University of Namibia as well
as various professional/technical certifications. He also completed the Leadership & Management Programme of the
University of Stellenbosch.
Ms. Hilka Alberto
Ms. Alberto holds B Juris and LLB degrees from the University of Namibia; and a LLM degree from the University of
Liverpool. She is currently employed as an EXCO member at the Financial Institutions Supervisory Authority (NAMFISA)
and served as a director at Sisa Namandje & Co Legal Practitioners. She boasts with extensive experience in the legal
and regulatory fields over the last 16 years.
Mr. Julius Haikali
Mr. Haikali is a Human Resources Practitioner and Business Strategist by profession. He possesses a Diploma in Public
Administration majored in Human Resources from NUST, a B-Tech in Public Administration majored in Human Resources
from UNISA, a Masters of Administration from the University of Namibia and completed the Executive Development
Programme from Wits University. He has 23 years of experience in Human Resources and organisational development
field, of which 13 years has been served at Senior and Executive level.
Rebuild, Revive, Restore. 23
Business and Intellectual Property Authority Annual Report 2021/2022
6.2. Board Governance Structure by the enabling Act, the Board Charter and other • Approval of Annual Reports including Annual
Board decisions and policies. The Board delegates Financial Statements.
BIPA’s governance structure is similar to that of other day-to-day management and administration of
Public Enterprises in Namibia, in that the BIPA Board BIPA to the CEO, who is supported by the Executive
reports to a line ministry, which is the Ministry of Management. The CEO is accountable to the Board. The Board delegates various other matters to the Board
Industrialisation and Trade (MIT). The CEO of BIPA Committees, as specified in the Terms of Reference of
reports to the Board. The following powers are reserved for the Board: each committee. The Board Chairperson is responsible
for setting the ethical tone of the Board and the
• Appointing the CEO;
Authority, providing overall leadership, overseeing the
6.3. Powers • Approving the annual budget, annual business development of the Board Plan and presiding over
plan and strategy; board meetings.
The role, function and powers of the board, its
members and committees, and its relationship to • Approving the annual procurement plan;
other structures of BIPA are determined by law, the • Establishing sub-committees of the Board.
Governance Framework, corporate governance best 6.5. Board Performance Assessment
practices, the enabling Act, and decisions and policies The Board has the power to make rules relating to:
of the Board. The Board is responsible for the strategic The BIPA incoming Board concluded a Governance
direction and control of BIPA and has the power to • The convening of, and procedures at meetings of Agreement and Performance Agreement with the
the Board or a committee of the Board; Minister responsible for the Industrialization and Trade
make any decision in respect of the institution, in as far
as its powers and fiduciary duties extend. on 22 December 2021, in terms of the Public Enterprise
• The management of the affairs of BIPA and
execution of its functions; Governance Act, 2019 (Act No. 1 of 2019) and the
The Board is responsible for collectively promoting and Business and Intellectual Property Act, 2016 (Act No. 8
safeguarding the long-term success of BIPA. It manages • Any matter which in terms of the BIPA Act is of 2016). The Board’s performance is assessed against
required or permitted to be prescribed by rules;
the affairs of BIPA: Key Performance Indicators (KPIs) identified by the
• Generally, any matter which the Board considers Minister.
• In the best interest of the Authority, with due
necessary to give effect to the objectives of BIPA.
regard to the interests of its stakeholders; and;
• In compliance with Namibian legislation,
principles of sound corporate governance and
Furthermore the Board has the responsibility of: 6.6. Board Training and Development
Board policies. • Approving policies, including those relating to The Board is committed to ensuring that it has the right
remuneration and investment;
balance of skills, experience and diversity. Therefore,
• Remuneration of the CEO and Executive continuous training, education and development is
6.4. Roles and Responsibilities Management members; made available to Board members. To ensure training is
It is the responsibility of the Board to guide BIPA to • Approval of BIPA’s organisational structure, relevant, a needs assessment and gap(s) identification
achieve its purpose by the powers conferred on it including creating new positions and their survey is regularly undertaken.
grading;
24 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
6.7. Attendance
The term of office for the outgoing board ended on and fourth quarterly meetings for FY2021/2022. In
30 September 2021 and during their tenure, the addition, the Board held two Special Board meetings
outgoing Board, in terms of the approved annual which were held in October 2021 and January 2022
board meeting calendar completed the 3rd and 4th respectively. In each financial year, the Board is
quarterly meetings for the FY2020/2021 (February expected to hold four meetings per each Board Sub-
2021 - May 2021) and the first quarterly meetings for Committee and four Board meetings. In translation,
the FY2021/2022 (August 2021). the outgoing Board held three out of four Board
Sub-Committee and Board meetings during the
“The Board is The tenure of the new Board commenced on 01
October 2021. This Board then facilitated and
FY2020/21 and FY2021/2022 respectively, while the
new Board facilitated and completed 3 out of 3 Board
committed to finalised the second (November 2021 – December
2021) and third (February 2022 – March 2022)
Sub-Committee, two Board meetings, as well as two
ensuring that it has
special Board meetings for the FY2021/2022.
Board attendance for the reporting period
the right balance of Board and Finance, Risk
and Audit
Human
Resources and
Governance,
Legal and
Strategy,
Projects &
skills, experience
Board of Directors Special Board Committee Remuneration Ethics Procurement
Meeting (FRAC) Committee Committee Committee
(HRRC) (GLEC) (SPPC)
and diversity.” Riundja Ali Kaakunga
Dr. Martha Uumati
3 3 3
Fritz Charles Jacobs 2 3
Lovisa Indongo-Namandje 3 1 2 3
Ignatius Kelokilwe Thudinyane 2 2
Chaze Nalisa 2 3
Seno Namwandi 3 2 3 3
Immanuel !Hanabeb 4 1 1
Sara Katiti 3 3 1 1
Justin Strauss 4 3 1 3
Ashley Tjipitua 4 3 3
Nancy Watyoka 4 3 3 3
Hilka Alberto 4 3 3 3
Julius Haikali 4 3 3 3
Old Board - 3/3 Full Board and 0 Special Board
Rebuild, Revive, Restore. 25
Business and Intellectual Property Authority Annual Report 2021/2022
6.8. Board Committees
In terms of the Governance Framework, and the delegated authority from the Board, In the year under review, all four Board Committees’ Terms of Reference were
the Board may determine what matters are reserved for final decision-making by the reviewed and approved by the BIPA Board at its 3rd quarterly board meeting held for
Board or Board committees as opposed to those that require the Board’s or Board the financial year 2020/2021 on 15 March 2021. These Terms of Reference set out
committees’ consideration before a final decision is made. All other matters, not duties and responsibilities of the Board committees. They also affirm the composition
specifically reserved by the Board and as stipulated in the delegation of authority, are and meeting procedures of the committees.
delegated to the Chief Executive Officer (CEO) subject to the obligation to report all
material matters to the Board.
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).
Finance, Risk and Audit Committee (FRAC)
- Chaired by Sara Katiti
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.
26 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Human Resource and Remuneration Committee (HRRC)
- Chaired by Julius Haikali
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.
Governance Legal and Ethics Committee (GLEC)
– Chaired by Hilka Alberto
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.
Strategic Plan and Project Committee (SPPC)
– Chaired by Justin Strauss
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.
Rebuild, Revive, Restore. 27
Business and Intellectual Property Authority Annual Report 2021/2022
7. EFFECTIVE AUDIT AND RISK MANAGEMENT
28 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
“What helps you persevere
is your resilience and
commitment.”
- Roy T. Bennett
Rebuild, Revive, Restore. 29
Business and Intellectual Property Authority Annual Report 2021/2022
EFFECTIVE AUDIT AND RISK MANAGEMENT
7.1. Overview
BIPA’s risk culture is set by the ‘tone at the top’ i.e. from Board level and down through within the frame of the Board-approved Risk Framework in the second quarter of the
to Executive Management and other management levels. This is achieved through 2021/22 financial year.
effective and consistent communication around risks and ethics. In the 2021/2022
financial year, BIPA made significant progress in the development of a tailored risk The risk profile of BIPA is depicted below:
management process which was instrumental in mitigating emerging risks and creating
Risk Implementa on Progress
the scope through which the Authority is protected from similar future risks.
The primary function of the Internal Audit function is to provide objective assurance to 0%
the Executive management and the Finance, Risk and Audit Committee that adequate 44%
56%
management processes are in place to identify and monitor risks, and effective internal
controls are in place to manage those risks.
7.2. Strategic Objective
• Provide on-going assurance to senior management and the Board.
Final test and maintain In progress Planned Behind schedule
• Revise/update the corporate risk register.
In-progress; these risks are still within the agreed timelines and are being managed.
• Implement the Audit plans.
Planned; these risks are due in the next two months and require serious management
• Implement and test Business Continuity (BC) plans. actions.
Behind schedule; these risks are behind schedule and require escalation and risk
7.3. Risk Register Completion Status response strategy interventions.
Final test and maintain; these risks have been addressed and are being monitored
Managing risk is an essential component of BIPA’s operations to ensure that the
corporate goals and objectives can be achieved. A new Corporate Strategic Risk In essence, the total number of corporate risks are 18, 10 (56%) are in progress, 8
Register aligned to the strategic objectives has been developed by management (44%) are planned.
30 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
7.4. Business Continuity Policy and 7.5. Fraud Hotline Stats and Update
Implementation
The fraud hotline has been in operation for two years
A Business Continuity Plan (BCP) is a document that and BIPA has experienced low call volumes mainly due
consists of the critical information an organisation to inadequate awareness. EXCO has agreed to extend
needs to continue operating during an unplanned the contract by one year with extensive marketing and
event. The BCP states the essential functions of the awareness planned.
business, identifies which systems and processes must
be sustained, and details how to maintain them. The
“Managing risk is an BCP policy was approved by the Board on 04 February
2022. Simulation testing is being planned for the new
essential component financial year.
of BIPA’s operations Fraud hotline contact
All Type No. Contacts
to ensure that the Report 1
corporate goals and Test call
Prank Call
objectives can be Wrong Number 5
achieved.” Total 8
Contact Breakdown per Call Type
Wrong Number
Prank Call
Test Call
62.50% Report
12.50%
12.50%
12.50%
Rebuild, Revive, Restore. 31
Business and Intellectual Property Authority Annual Report 2021/2022
8. EXECUTIVE MANAGEMENT
32 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
“Strength and growth
come only through
continuous effort and
struggle.”
– Napoleon Hill, Author
Rebuild, Revive, Restore. 33
Business and Intellectual Property Authority Annual Report 2021/2022
EXECUTIVE MANAGEMENT
8.1. Executive Management Team
The following members held Executive positions during the financial year 2021/2022:
Vivienne Katjiuongua Jones Lubinda Ainna Kaundu Veiko Muronga
Executive Officer (CEO) Executive: Finance and Executive: Intellectual Property Executive: Information and
Administration Ainna Kaundu and Acting Executive: Communication Technology
Human Capital Management
Raphael Likando Ockert Jansen Chief Legal and Company Secretary
Executive: Business Registration Services Executive: Marketing, Corporate Vacant
(Since 01/11/21) Communication and Client Management Services
34 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
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
“The CEO is responsible
submitted to the Minister of Industrialisation and Trade; and the Minister for implementing the
of Public Enterprises;
• Risks within the organisation are managed;
strategy set by the Board”
• Relevant legislation is complied with;
• Relevant technology and processes are in place;
• The employees are appropriately skilled;
• Stakeholder relationships are effectively managed;
• Relevant Board approved policies are in place;
• Best practices in governance are in place.
The CEO also serves as the Registrar of Business and Industrial Property
in terms of 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.
Chief Executive Officer, Ms. Vivienne Katjiuongua and Team
Rebuild, Revive, Restore. 35
Business and Intellectual Property Authority Annual Report 2021/2022
9. OUR OPERATIONAL THRUST
36 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
“In the face of adversity,
we have a choice. We can
be bitter, or we can be
better. Those words are my
North Star.”
― Caryn Sullivan
Rebuild, Revive, Restore. 37
Business and Intellectual Property Authority Annual Report 2021/2022
OUR OPERATIONAL THRUST
9.1. BUSINESS REGISTRATION 9.1.2. Operational Structure
To execute its role effectively, the Business Registration Division has four sub-divisions
9.1.1 Overview under it which ensure the execution of the relevant Acts. The sub-divisions are as
follows:
One of the core functions of BIPA is to facilitate and promote the efficient and effective
registration of businesses and to keep and administer the relevant registers. BIPA 1. The New Business Registration
is intentional in the delivery of efficient services to clients and adopted a strategic • Administers the registration of new Company applications
objective themed: “Deliver Simple, Quality and Accessible Services”. Section 5(b) • Administers the registration of new Close Corporations
of the Business and Intellectual Property Authority Act (Act No. 8 of 2016) mandates
• Facilitates online business registrations
BIPA to regulate and administer the registration of businesses under the applicable
legislation as follows:
2. Regional Business Registration
DOMAIN NATIONAL LEGISLATION • Administers the registration of businesses for regional clientele. Functions
Company Registrations Companies Act, 2004 (Act No. 28 Of 2004) performed are:
Provides for the establishment of the company • New business registration
registration office, appointment of the Registrar and
for the incorporation, management and liquidation of • Maintenance and compliance
companies and incidental matters. • Annual returns, Deregistrations and Liquidations
Close Corporations Close Corporation Amendment Act, 1994 (Act No. 8 Of • Facilitating record requests and
1994)
Provides for the establishment of the Close Corporation • Dealing with general client enquiries
registration office, appointment of the Registrar and
the formation, registration incorporation, management, 3. Maintenance and Compliance
control and liquidation of close corporations and for
matters connected therewith. • Administers the function of maintenance / amendments of existing companies
and Close Corporations.
Companies and Close The Financial Intelligence Act, 2012 (Act 13 of 2012).
Corporations In terms of Section 4, the Registrar of Companies and 4. Annual Returns, Deregistrations and Liquidations
Close Corporations annually collects and keeps accurate
and up-to-date prescribed information and report as • Administers the Deregistration, Liquidation and Restoration functions of the
required. organisation
• Administers the Annual Returns function of the organisation.
38 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.1.3. Strategic Orientation
The division was tasked with several strategic initiatives during the financial year under review. These include, but are not limited to:
Key Activity Category Deliverable Targets % Completed
Improved Stakeholder • Stakeholder engagement The division was tasked with conducting 72% Target achieved
Relationships stakeholder
Improved Customer Satisfaction • Efficient service delivery and customer The division was tasked with achieving 65% 66% Customer satisfaction
satisfaction customer satisfaction by 31 March 2021
Develop and Implement • Legislative alignment to national regional The division was tasked with ensuring that a Target achieved draft bill in place
Business Regulatory Framework and international obligations draft business registration bill was in place by
31 March 2021
Enhancement of Processes Improved turnaround time The division was tasked with ensuring that all Target achieved. On average it took of 10
business applications are processed within 10 days for all applications to be processed
working days by 31 March 2022
Successful Delivery of IT Strategy Process automation (Improve ease of doing Implement phase 1 of the new business Target achieved
business) registration system by 30 December 2021
• Terms of reference signed off on 17
• Draft terms of reference in place by 31
december 2021
December
• Bid for procurement of NBRS advertised • Bid advertised on 23 december 2021
by 31 December 2021
Business Registration Services Executive, Raphael Likando and Team
Rebuild, Revive, Restore. 39
Business and Intellectual Property Authority Annual Report 2021/2022
9.1.4. Business Registration Trends
BIPA registers Companies (Non-Profit Associations, one type of entity to another, deregistrations, and in registered businesses, in comparison to the previous
Limited, Private and External Companies), Close restoration, as prescribed. For the reporting period, financial year in which the Authority registered 10 089
Corporations as well as Defensive Names. During the Authority registered a total of 12 925 businesses. businesses. Of the total registrations, 21% were done
the lifespan of a registered entity, the business may Close Corporations represent the highest business through the regional services.
lodge applications for amendments, conversions from categories registered at 89%, as has been in previous
years. Consequently, the Authority saw a 28% increase
Total walk-in registrations for the financial year
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Organisation Type 2021/22 Total % per business category
Section 21 68 69 66 57 260 2%
Close Corporation 3,048 3,014 2,652 2,853 11,567 89%
Company 242 327 231 238 1,038 8%
Defensive Name 7 2 9 26 44 0.0
Foreign 4 4 4 4 16 0.0
Total: 3,369 3,415 2,962 3,178 12,925 100.0%
Total registrations through regional applications
Entity Type Number registered Percentage
Section 21 260 3%
Close Corporation 8,849 87%
Company 1,004 10%
Defensive Name 23 0%
Foreign 16 0%
Total: 10,152 100%
40 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
The regional business registrations section receives a mixture of applications that are The statistics presented below provides an overview of new applications submitted
handled by segregated work units at the head office. Applications include those from through the regional unit in Windhoek and Walvisbay during the financial year.
the regions as well as at the BIPA office in Walvis Bay.
New regional applications Received Approved % Processed against receipts
Name Applications CC 5,061 4,749 94%
Name Applications CY & Defensive 955 894 94%
CC1 2,906 2,718 94%
CC Maintenance 1,233 1,059 86%
Companies 41 34 83%
Company Maintenance 543 125 23%
Defensive Names 21 20 95%
Total Applications 10,760 9,599 89%
Total online business registration (Applications submitted via the Integrated Applications include those from the regions as well as at the BIPA office in Walvis Bay.
Client Services Facility, ICSF). The regional business registrations section receives a The statistics presented below provides an overview of new applications submitted
mixture of applications that are handled by segregated work units at the head office. through the regional unit in Windhoek and Walvisbay during the financial year.
New regional applications Received Approved % Processed against receipts
Name Applications CC 5,061 4,749 94%
Name Applications CY & Defensive 955 894 94%
CC1 2,906 2,718 94%
CC Maintenance 1,233 1,059 86%
Companies 41 34 83%
Company Maintenance 543 125 23%
Defensive Names 21 20 95%
Total Applications 10,760 9,599 89%
Rebuild, Revive, Restore. 41
Business and Intellectual Property Authority Annual Report 2021/2022
Total online business registration (Applications submitted via the Integrated Client Services Facility, ICSF).
Entity Type Total Received Pending amendment by Client Rejected Pending Approved % Processed against receipts
Name Reservation 2,183 382 107 10 1,684 77%
Close Corporation 984 72 29 6 877 89%
Defensive Name 12 4 3 5 42%
Grand Total 3,179 458 139 16 2,566 81%
The Authority received 3,179 applications via the Integrated Client Services Facility (ICSF). Of the received applications, 81% were approved whereas 19% were either rejected
or referred back for amendments.
Matrix of Deregistrations, Dissolutions/Liquidations and Restorations 2020/21 2021/22 % Movement
Companies Deregistered 162 305 88% ↑
Close Corporations Deregistered 454 746 64% ↑
Dissolutions (Liquidations) 1 4 300% ↑
Restorations 2 1 -50% ↓
619 1,056 71% ↑
9.1.5. Deregistrations, Restorations and Dissolutions/Liquidations
The table above depicts data on deregistration, restorations, and dissolutions carried categories. In comparison with the 2020/21 financial year, the Authority received 71%
out during the financial year under review. During the year, the Authority processed a more applications for deregistrations, liquidations, and restorations.
total of 1,056 deregistrations, liquidations, and restorations in the different business
42 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.1.6. Maintenance/Amendments
Close Corporations maintenance carried out during the Financial Year
% Processed against
Close Corporation Maintenance applications Received Approved
receipts
Maintenance CC2 6,404 5,514 86%
Maintenance Financial year-end changes (CC9) 324 187 58%
Maintenance - Restorations (CC3) 7 3 43%
Maintenance Conversions (CC4) 2 2 100%
Maintenance - Court Orders (CC5) - - 0%
Maintenance Voluntary winding-up (CC6) 88 - 0%
Maintenance Annual Returns (CC7) 47,804 46,460 97%
Total Applications 54,629 52,166 95%
Companies’ maintenance carried out during the Financial Year
% Processed against
Company Maintenance applications Received Approved
receipts
Maintenance Financial year-end changes (CM32) 1,343 1,436 107%
maintenance - requests for amendments to shareholders – CM42 2 - -
Maintenance - requests for amendments to directors (CM29) 3,291 329 10%
Maintenance Annual Returns (CM23 / CM23B) 30,389 13,999 46%
Total Applications 35,025 15,764 45%
9.1.7. Annual Returns and Duties
The submission of Annual Returns and payment of Annual Duties are post-registration to the Registrar of Companies and Close Corporations at the end of the entity’s
statutory requirements as prescribed by the Companies Act 28 of 2004 as well as the financial year, and penalties are payable for late payment. The penalties are provided
Close Corporations Act, 26 of 1988. The law requires that all Companies and Close for under the two Acts. Failure to pay Annual Duties constitutes an offence under
Corporations in business or in operation, annually submit an Annual Return to the Section 181 of the Companies Act of 2004 and Section 26 of the Close Corporation
Authority; and in addition pay the applicable Annual Duties. Annual Duties are payable Act, 1988.
Rebuild, Revive, Restore. 43
Business and Intellectual Property Authority Annual Report 2021/2022
Annual Returns received and processed during the financial year
% Processed against
CY maintenance applications Received Approved
receipts
Maintenance Annual Returns (CC7) 47,802 46,460 97%
Maintenance - Annual Returns (CM23) 14,855 13,997 94%
Maintenance - Annual Returns (CM23B) 15,531 2 0%
Total applications 78,188 60,459 77%
9.1.8. Registrars Notices Issued at bringing Namibia in alignment with the latest Data integrity
developments in the business legislative landscape and
For the Financial Year under review, the Authority BIPA, being the repository of business and IP registration
on par with global laws and principles.
issued one Registrar’s Directive: information in Namibia, does not have an electronic
document management system to handle the vast
RD No 1 of 2021 – Introduction of electronic business volumes of documents received from businesses and
The business registration system
registration certificates for Close Corporations. as required by the applicable legislation. BIPA handles
Another challenge has been the lack of modern ICT a large number of physical files on a daily basis, and
infrastructure to meet expectations of customers and
9.1.9. Challenges and Mitigation Measures most of the files are stored at a third-party location.
other stakeholders, and to move with times as the The increase of obsolete data represents a major
The business legal framework world enters the Fourth Industrial Revolution (4IR) impediment for BIPA as the Authority tries to maximise
where digitisation and artificial intelligence will change
A challenge for BIPA is the lack of a modern business the strategic benefits that its data can provide, while
the way work is carried out. To mitigate this, BIPA
law to give effect to the Ease of Doing Business in also posing a compliance risk. The new iBRS will require
has undertaken to implement an online Integrated
Namibia. The Ease of Doing Business provides for clean data for it to be effectively implemented. In this
Business Registration System (iBRS) to provide modern,
simpler procedures for registering businesses and regard, BIPA is developing a Business Case for its Data
integrated and flexible business registration services.
which ultimately improves investors’ confidence; and Cleaning and Digitisation Project that will ensure its data
The aim is to implement a suitable solution that can
the country at large.which is an indispensable factor is accurate, up to date and formatted to an acceptable
provide an easy-to-use online portal for BIPA customers,
to contribute to the realisation of the National Vision quality standard and ultimately which will decrease
BIPA staff, and all other stakeholders. The new system
2030, NDP5, Namibia’s Industrialisation Policy and the BIPA’s environmental footprint. The project aims to clean
will reduce the number of days and procedures it
Growth at Home Strategy among other developmental data of approximately 200,000 registered entities. The
currently takes to register a business. This solution
blueprints. In response to this challenge, BIPA in cleaning of this valuable data is required to ensure that
will also integrate with all of BIPA’s current key internal
its Strategic Plan included a strategic objective BIPA is updated with relevant information pertaining to
systems and that of external stakeholders to support
“Ensure legislative alignment to national, regional its customers; and for the accurate invoicing for annual
BIPA’s operational processes and improve customer
and international obligations” and has started with a duties as required under the Companies Act 28 of 2004
experience.
project to reformthe business legal framework aimed and the Close Corporations Act 26 of 1988.
44 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.1.10. Looking Ahead
In the next financial year, the division plans the following activities:
Strategic Pillar Strategic Objectives Strategic Initiatives Key Activities Targets
Review, update and Implement the Customer
Improved Customer 70% Customer satisfaction by
implement customer Management Plan
Satisfaction 31 March 2023
service plan (Coordinated by CS)
Develop and Implement
Implement Stakeholder
Stakeholder Confidence Improved Stakeholder Stakeholder Engagement 70% Stakeholder satisfaction by
Engagement Plan (HQ,
Relationships Plan (MIT) (including 31 March 2023
Erongo and Regions)
Satisfaction Survey(s)
Average business applications
Review and Improve
Process optimisation approved in 5 working days by
turnaround times
31 March 2023
Enhance Process
Optimisation
Internal Processes and Governance Data cleaning and 30% of current backlog data
Ensure data completeness
digitalisation migrated by 31 March 2023
Ensure Reputable Develop and implement
Review and submission of Draft Bill submitted to line
Business and IP the Business and IP
identified laws Ministry by 30 November 2023
Environment Regulatory Framework
Ensure Successful IT projects delivered in
40% of NBRS deliverables
Operational Excellence Delivery of the IT Implement NBRS achieved on budget and target
Strategy time and budget
by 31 March 2023
Rebuild, Revive, Restore. 45
Business and Intellectual Property Authority Annual Report 2021/2022
9.2. INTELLECTUAL PROPERTY
9.2.1. Overview
The Intellectual Property Services Division’s mandate is to
“To date a total of 113 309
register and grant intellectual property rights in Namibia.
Furthermore, the division promotes the generation,
Intellectual Property Rights are
utilisation, commercialisation, and protection of IP rights
and contributes to developing the domestic, regional, and
registered in Namibia, of which
international IP legal frameworks. The Division also serves
as the National IP Office for Namibia.
99.09% are Trademarks, and
the rest of IP domain make up
The focus of the IP office remains to deliver outstanding
service to the clients through the administration and
the 0.91%”
registration of IP rights, build an IP-conscious society through
various targeted stakeholder engagements, and participate
in the development and improvement of the IP legal
frameworks at national, regional, and international level.
Namibia continues to attract applications from all over the
world. Generally, a country’s designation is depended upon
the market size, trading partner, level of industrialisation
and innovation, level of digital transformation, level of
competitiveness.
To date a total of 113 309 Intellectual Property Rights are
registered in Namibia, of which 99.09% are Trademarks,
and the rest of IP domain make up the 0.91%, this means
that business uses Trademark as part of their business
strategy to obtain competitive advantage in the market.
Over the reporting period, BIPA received 2 189 applications,
consisting of 66.10% Trademark applications, 25.44%
attributed to Patent applications and 8.46 % Copyrights and
Industrial Designs. Intellectual Property Executive, Ainna Kaundu and Team
46 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.2.2. Legal IP Framework
Namibia is a member state to various bodies in relation to its intellectual property framework and governance. The below treaties, conventions and agreements are categorised
and the status of ratification is indicated.
Domain National legislation Regional instrument International instrument
Intellectual Property Rights Business & Intellectual Lusaka agreement on the creation of the African Convention establishing the World Intellectual
Property Authority Act, Regional Intellectual Property Organisation (ARIPO) Property Organization
2016 (Act 8 of 2016)
Industrial Property Rights Industrial Property Act, Banjul protocol on marks (ARIPO); Paris Convention for the Protection of Industrial
(Trademarks, Industrial Designs, 2012 (Act No 1 of 2012) Property (WIPO);
Patents & Utility Models)
Harare Protocol on Patents and Industrial Designs Trade-Related Aspects of Intellectual Property Rights
(ARIPO) (WTO);
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 on the Protection of Traditional Berne Convention (WIPO)
Neighbouring Rights Knowledge and Expressions of Folklore (ARIPO)
Trade-Related Aspects of Intellectual Property Rights
Protection Act, 1994 (Act
(WTO)
No. 6 of 1994)
Rebuild, Revive, Restore. 47
Business and Intellectual Property Authority Annual Report 2021/2022
Namibia’s membership in regional and international bodies
Treaty Signature Instrument In Force
Regional Treaties (ARIPO)
Banjul Protocol Accession: 28 March 2003 1/14/2004
Harare Protocol Accession: 28 March 2003 04/23/2004
Lusaka Agreement 10/14/2003 10/14/2003
Swakopmund Protocol 8/9/2010 5/11/2015
International Treaties (WIPO)
Beijing Treaty on Audio-visual Performances 6/26/2012
Declaration of Continued Application:
Berne Convention 3/21/1990
September 21, 1993
Hague Agreement Accession: March 31, 2004 6/30/2004
Madrid Agreement (Marks) Accession: March 31, 2004 6/30/2004
Madrid Protocol Accession: March 31, 2004 6/30/2004
Marrakesh VIP Treaty 8/12/2013
Paris Convention Accession: December 29, 2003 1/1/2004
Patent Cooperation Treaty Accession: October 1, 2003 1/1/2004
WIPO Convention Accession: September 23, 1991 12/23/1991
WIPO Copyright Treaty 12/20/1996
WIPO Performances and Phonograms Treaty 12/20/1996 2002-05-20
International Treaties (WTO)
Agreement on Trade-Related Aspects of
1995-01-01 1995-01-01
Intellectual Property Rights Agreement
48 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.2.3. Strategic Orientation
The division is tasked with ensuring that, as a country, we have a reputable PCT /
Domain National Banjul Hague Madrid Total
intellectual property environment to ensure corporate sustainability. This includes Harare
an environment where creators/inventors can protect their intangible assets through Patents 26 531 - - - 557
robust processes and ensure that right holders can enforce their rights effectively in Trademarks 915 - 270 - 532 1717
case of infringement. During the period under review, the division focused on the Copyright 85 - - 0 - 85
following strategic objectives that were pursued through several initiatives: Industrial Designs 16 31 - 46 - 93
• Competent Workforce Utility Modes 4 3 - - - 7
Total 1046 565 270 46 532 2459
• Improved Customer Satisfaction
• Costs Management
IP A PPLIC ATION 2 0 20/2021 AND 2 0 21/2022
• Improved Customer Satisfaction
• Enhance Corporate Governance and Risk Management
• Improve Stakeholder Relationship 4000
• Ensure Reputable IP Environment 4942
1000 2189
9.2.4. Applications, Registrations, and Rejections 2020-2021 NO OF 2021-2022
APPLICATION
BIPA received 2 189 IP rights applications, consisting of patents, copyright, utility
models, trademarks, and industrial designs. The applications have declined by 56%
compared to 4 942 applications received during 2020/2021 financial year. The 9.2.5 IP Application Distribution
decline is attributed to the economic distress in globally, aggravated by the Covid-19
BIPA recorded 1 143 regional and international applications, accounting for 52% of
pandemic. Applications of IP rights represent an expansion and growth in the
the total number of applications, while 48% of the applications were received through
market with the entrance of new business players and new or improved products in
national route. Hence during the reporting year, the international and regional routes
the market. Performance of applications is an indicator of the economic activities.
outperformed the national route, which has enjoyed dominance to date. The shift in
Therefore, during an economic downturn, there is a decline in economic activity as
performance is attributable to the poor performance of the national route as a result
businesses prioritise their survival at the as opposed to growth/expansion.
of the low economic activities in the Namibian market space.
Rebuild, Revive, Restore. 49
Business and Intellectual Property Authority Annual Report 2021/2022
IP Applicants Distribution 9.2.6.1 Patent
1140 A total of 557 patent applications were recorded for 2021/2022 financial year
1120 compared to 52 applications received in the previous financial year.
Filing route
During the financial year, applications received were dominated by regional and
international routes with 1 143 applications received. Through the national route, 1
046 application were received over the period.
National Regional /internati onal
No. of Application
9.2.6.2. Trademarks
During the Financial Year 2021/2022, a total of 1 447 application were received, this
9.2.6. Domain Distribution represents a growth rate of 7.9% compared to last financial year.
Over the period, 66.10% of total application were received for Trademarks, 25.44%
application for Patents and the reminder of 8.46% were of the rest of the IP domains. Filing route
From the total of 1 447 trademark applications received for the period, 63.23 % of
IP Domain Distribution
the applications were submitted through the national filing route, whilst 36.23% of
2000 1717
applications were through regional and international designations.
557 9.2.6.3 Industrial Designs
93 7 85 A total of 93 applications for Industrial Designs were received. This represents a
decrease of 3.15% compared to the previous reporting period.
Patent Design Trademark Utility Model Copyright
Filing route
A total of 31 applications were submitted through the regional filing route, 46 filled
through the international route and only 16 applications transacted through the
national route.
50 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.2.6.4. Utility Model 9.2.8 IP Business Strategy
Over the period, a total of 7 applications were received, 3 through the regional The BIPA IP strategy is an office initiative that will enhance the IP environment in the
route and 4 received through the national route. All the applications received were country by assessing its status and also putting forward strategies to address some
subsequently registered. of the challenges by adopting the best practices. The project is currently underway
with a survey that is being conducted with 15 identified organisations in the Khomas
region.
9.2.6.5 Copyright
BIPA received a total of 85 copyright applications during the period under review
compared to the 95 application that were received in the previous reporting period. “It became imperative that
This represents a decline of 10.52%.
we do a diagnostic on how
9.2.7. BIPA Knowledge-Based Economy Concept Paper (KBE-C)
BIPA’s institutional mandate
In the 4IR, knowledge becomes a significant resource of production, hence the aligns to the Namibia’s
generation, utilisation and dissemination of knowledge is a crucial aspect of
development. As an organisation, it became imperative that we do a diagnostic on national development plans.”
how BIPA’s institutional mandate aligns to the Namibia’s national development plans
such as the Harambee Prosperity Plan II.
The main objective of the concept paper is to outline the mechanisms that BIPA as
a national intellectual property office may pursue in contributing to the national
development aspirations of a Knowledge Based Economy (KBE). Given its dual
mandate of business registration and protection of intellectual property, BIPA is also
at the heart of creating a KBE and thus this concept is to digest the position of BIPA,
suggest initiatives that may foster a knowledge-based organisation and by extension,
economy.
Intellectual Property division Team
Rebuild, Revive, Restore. 51
Business and Intellectual Property Authority Annual Report 2021/2022
9.2.9. Stakeholder engagements
During the reporting period, the IP division engaged in a number of stakeholders as depicted in the table below:
Date Activity Stakeholder Objective Organizer Mode
Civil society, the legal fraternity, the creative
Provide feedback to stakeholders
National Validation Conference on industry, non-governmental organizations (NGOs),
on how BIPA handled their input Onsite &
18 November 2021 the Copyright & Related Rights Draft educational institutions, international partner BIPA
and comments regarding the Online
Bill organisations, cultural and traditional authorities,
draft Bill and to validate the same
the business sector, and law enforcement agencies.
To discussion the implementation
NIPPS Technical Committee inception
08/02/2022 NIPPS Technical Committee of the National Intellectual BIPA onsite
meeting
Property Policy and Strategy
Presentation of the Copyright Draft To brief the Minister on the
10/02/2022 Ministry of Industrialisation and Trade BIPA onsite
Bill to the MIT Minister development of Copyright Law
Copyright engagement with CMO To educate rights holders on
19/02/2022 NASCAM NASCAM onsite
during their Annual General Meeting copyright protection
15/02/2022 WIPO-ARIPO Regional TISC Meeting ARIPO member state ARIPO online
IP and Innovation Ecosystems in Sub To learn the practice regarding
25/02/2022 BIPA and WIPO members ate in sub-Saharan Africa WIPO online
Saharan Africa the technology transfer in Africa
To engage law makers on the
Roundtable engagement with MIT important of copyright law to
01/03/2022 BIPA onsite
member of Parliament Lawmakers creative industry and economy
at large.
Standing Committee on the Law of
28-30/03/2022 Trademarks, Industrial Designs, and WIPO member States WIPO Onsite
Geographical Indications Forty-Fifth
52 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.2.10. Looking ahead
During the financial year 2022/2023 the division will focus on the key projects below that tie in with the corporate strategy.
Amendment of Copyright and Neighbouring Rights Protection Act Repeal/Amendment the Merchandise Act
The review of the copyrights law is an on-going project and as per the project plan; The Merchandise Act was transferred to BIPA in the year 2021. Since this law is
during the year, the office will continue to implement the plan. Some of the critical old, BIPA deemed it necessary to conduct an assessment on its fit for purpose
activities include submitting the draft bill to the Minister and subsequently to the and if need be, review the law. For this year, the office will focus on desktop
Attorney General’s office for constitutional scrutiny. The rational for reviewing the research and consultations to develop a policy statement on the rational to either
law is to improve it and level it with the changes in technology. amend or repeal the law in its entirety.
Implementation of NIPPS Operationalisation of Industrial Property Tribunal
Industrial Property Tribunal is a project aimed to establish and operationalise
The project to implement the National Intellectual Property Policy and Strategy
a specialised court that deals with IP infringement. During the year, the office
commenced in 2021. During the year 2022/2023 the office plans to implement
will focus on ensuring that the tribunal is operational and commence with its
strategies related to enforcement of IP, establishment of leakages with IP
activities. Critical activities include conducting benchmarking and the official
stakeholders.
launch of the tribunal.
Rebuild, Revive, Restore. 53
Business and Intellectual Property Authority Annual Report 2021/2022
9.3. RECORDS AND ARCHIVES
MANAGEMENT
9.3.1. Overview
Records and archives management is an important function, as
records are valuable assets of any organisation. Sound record
keeping does not only assist in the protection of records, but it
“The Records and Archiving
is also an essential component of policy making, operational
efficiency, accountability, and transparency in our institution.
Division manages all documents
The Records and Archiving Division manages all documents and
records related to business and IP registration. The division is
and records related to business
responsible for safekeeping of record files (client documentation); and IP registration.”
and to ensure efficiency in the creation, maintenance, temporary
retention, and final disposition of all BIPA records. The division also
manages a system for the acquisition, preservation, arrangement,
and accessibility of BIPA records of historical and enduring value.
Strategic orientation
At the heart of the division’s operations is to ensure financial
stability with annual growth in revenue, improve customer
satisfaction and achieve mutually beneficial stakeholder
relations. Apart from the above, the division strives to enhance
process optimisation, enhance corporate governance and risk
management while at the same time foster employee engagement
and a competent workforce.
9.3.2. Files Requested
Total of 16 667 files were requested during the year under review
of which 5 283 were internal files and 9 555 were external files.
Notably, 14 838 files were available upon request and a total of 12
795 new files were indexed between April 2021 and March 2022.
Records and Archives Team
54 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.3.3 ARAMN Engagement Benefit of joining ARAMN • To liaise and maintain relationships with other
relevant stakeholders.
The Records and Archives management division is a • To promote the development and adoption of
best standards and practices of records and • To support professional training of records
member of the Association of Records and Archive
archive management in public and private managers and archivists in Namibia.
Management in Namibia (ARAMN). ARAMN is a institutions in Namibia.
newly established association in terms of the Archives • To provide standards and guidelines on
Act, 1992 (Act No. 12 of 1992) under the Ministry of • To assist in the development and implementation ethical decisions facing records and archives
of legislation and policies. management professionals.
Education’s National Archives of Namibia. BIPA is in the
process of formulating its records management policy • To establish, maintain and strengthen relations • To raise the profile of records and archives
and procedures as well as setting up its own registry between records managers and archivists in all management among decision-makers and the
and archives. The association assists its stakeholders institutions, professional bodies. general public in Namibia.
in the development and implementation of legislation • To promote, organize and co-ordinate activities • To raise public awareness of records and archives
and policies and thus this association will assist BIPA in in records and archives management in Namibia. throughout Namibia
this process.
• To promote the interest of the records and .
archives profession in Namibia.
9.3.4 Looking Ahead
In the coming financial year, the division looks to join
“BIPA is in the process of
international organisations that supports records and
archives management such as the African Library and
formulating its records Information Associations and Institutions (AFLIA), the
International Council of Archives (ICA), Eastern and
management policy and the Sothern Africa Regional Branch of the International
Council of Archives (ESARBICA).
procedures as well as setting up
its own registry and archives.”
Rebuild, Revive, Restore. 55
Business and Intellectual Property Authority Annual Report 2021/2022
9.4. INFORMATION AND COMMUNICATION
TECHNOLOGY
9.4.1 Overview
The Information Communication Technology (ICT) division designs,
acquires, implements, and maintains the ICT infrastructure; and the
“The division also undertook to
applications required to provide operations and business support, develop a Data Management
which benefits both the employees and clients of BIPA.
Strategy, which was fully
The division consists of the following divisions:
achieved, and IT strategic
initiatives delivery surveys which
• The Information Systems division is responsible for business
analysis (managing business requirements, managing solutions
identifications, managing business processes management
and business intelligence management); software engineering
(designing, developing, configuring, testing and maintenance
were completed at a
of business processes, applications, information, data and the
corporate website) and helpdesk management (service request
79% execution rate.”
management, incident management and problem management).
The helpdesk is the initial contact point for all data network users
within the organisation.
• 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).
Information and Communication Technology Executive, Veiko Muronga and Team
56 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.4.2 Strategic Orientation • The board pack management system which enabled digital board meetings
between members of the Board of Directors. It facilitated a secured environment
During the year under review the ICT division ensured the timely execution of projects for sharing confidential documents and information. It enabled them to exercise
as per the IT Strategy of which 69% of this was achieved. The division also undertook governance and decision-making responsibilities despite working in remote
to develop a Data Management Strategy, which was fully achieved, and IT strategic workplaces.
initiatives delivery surveys which were completed at a 79% execution rate.
Infrastructure projects
9.4.3 Major ICT Projects
The major infrastructure projects that were implemented during the financial year
Software projects
were:
The major software projects that were implemented during the financial year were: • The data centres upgrade which was a project aimed at improving the data
• The Enterprise resource planning (ERP) solution which is a system used to centre maturity by including raised floors, fumigation systems, structured
integrate and manage the company processes such as the planning, inventory, cabling and keyboard, video and mouse (KVM) switches.
sales, marketing, finance, and human resources. • The internet service upgrades aimed at upgrading the internet capacity from a
20 Mbit/s air link system to a 25 Mbit/s fibre link, which is more stable.
The table below shows projects undertaken during the reporting period.
PROJECT TITLE DELIVERABLES TIMELINE STATUS ORGANISATIONAL IMPACT
Security analyser • Centralized information security management April 2021 to March 2022 Completed • Continuous real-time security
• Risk-based analytics, orchestration, and updates.
automation • Centralised visibility and
monitoring of the whole
security network
Wireless access point • WAP centralized management April 2021 to March 2022 Completed • Improved security
(WAP) administration • Separation of clients from staff Wi-Fi access • Improved visibility and network
management
Enterprise resource • Financial management modules April 2021 to March 2022 Integration phase • Enhanced business reporting
planning (ERP) • Supply chain management modules • Better customer service
• Human resource management modules • Business process improvement
• Integration with BIPA business support • Effective planning
systems • Reduce production bottlenecks
• Integration with banks
Rebuild, Revive, Restore. 57
Business and Intellectual Property Authority Annual Report 2021/2022
PROJECT TITLE DELIVERABLES TIMELINE STATUS ORGANISATIONAL IMPACT
New business • On-line registration, amendments April 2021 to March 2022 Procurement phase • Improved service access and
registration system • On-line payment, annual returns availability
• On-line enquiry, data sales, search • Improved service turn-around
• New backend modules for operators time
• Mobile responsiveness • Inbuilt controls to ensure data
integrity
• Ease-of carrying out
developments, administration
and operations in-house
IP on-line tools • On-line filing April 2021 to March 2022 Completed • Improved service access and
• On-line publishing availability
• On-line trademark classification • Improved service turn-around
time
Website • High website security April 2021 to March 2022 Design phase • A website with commerce
• New hosting hardware security
• Content management • Content management function
• Business name search for the marketing division
• Trademark search • Business name and trademark
search capabilities
GRC (Governance, • Enterprise risk management April 2021 to March 2022 Design phase • Improved risk mitigation and
Risk, and compliance) • Corporate, IT and financial governance crisis management
• Audit management • Improved compliance with
• Compliance management regulatory objectives and legal
• Business continuity and Disaster Recovery mandates
planning • Ease-of risk and problem
• Policy management identification
• Ease-of data sharing across
teams
• Ease-of reporting
System capacity and • Network capacity upgrades (MPLS and April 2021 to March 2022 Completed • High availability of service
availability upgrade internet) • Improved storage space for
• Storage area network upgrade disaster recovery
58 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
PROJECT TITLE DELIVERABLES TIMELINE STATUS ORGANISATIONAL IMPACT
Data centres upgrade • Backup power (ups and generator) April 2021 to March 2022 Completed • Centralised administration to all
• Raised floors – with wire baskets and servers
perforated tiles • High service availability
• Structured cabling and labelling • Ease-of fault tracing
• KVM (keyboard, video, and mouse) switches • Improved risk (e.g., water
damage) mitigation
Board pack • Access to review meeting packs on-line or off- April 2021 to March 2022 Completed • Increased workplace efficiency
management line • Simplified meeting processes
• Make annotations from any device • Paperless environment
• Access updated meeting packs instantly • Streamline decision making
• Sign and approve documents electronically
• Voting and resolutions
Information security • Human resource security April 2021 to March 2022 Completed • Helps employees understand
awareness training • IT security policies the potential risks and threats
• Business continuity planning and disaster in their systems, networks, and
recovery methodology devices.
• Covid-19 response strategy-information • Ensure that employees
security awareness are aware of the possible
consequences and can
safeguard their infrastructure
from outside attacks
9.4.4 Improving ICT Security
A number of IT security improvements were implemented during the 2021/22 • Two-factor authentication for BIPA users – this is an authentication method
financial year. These are: that requires the user to provide two verification factors to gain access to a
resource such as an application on the network. Authentication is a core
• The Fortinet 360 implementation – this project was aimed at enabling BIPA component of a strong identity and access management policy.
to leverage centralised management and analytics tools for the entire Fortinet
security fabric. • Information security awareness trainings – the training helps employees
understand proper cyber hygiene, the security risks associated with their actions
• WAP (wireless access point) management implementation – this project and to identify cyber-attacks they may encounter via emails and the web.
aimed at separating the internal users’ wireless access from unknown external
clients as a requirement of security enhancement.
Rebuild, Revive, Restore. 59
Business and Intellectual Property Authority Annual Report 2021/2022
9.4.5 Looking Ahead
To improve BIPA’s ICT systems, the division plans projects that will drive efficiency and • An IT service management improvement project which looks at automating IT
effectiveness in BIPA’s systems. These projects include: service management processes that are on the service desk system but have not
been implemented yet such as the incidents and requests escalation workflows.
• A new business registration system to automate all the business registration
processes and to give customers on-line access to all BIPA services. • On-site records warehouse operationalisation aimed at making the on-premises
warehouse operational by labelling all the boxes and records in the warehouse
• A data management programme aimed at setting up a data management and updating the inventory on to the O’Neil system.
organisation and implement operational processes that will manage the integrity
of the organisation’s data. • A copyright automation proof of concept aimed at doing research and
development of a pilot copyright system to determine the viability of developing
• The data completeness project for cleaning all of BIPA’s business registration a complete copyright system in-house.
data, through capturing of missing data, correcting wrong information and
removing duplicates. • Disaster recovery design and business case project aimed at designing a disaster
recovery solution which will guarantee the highest level of systems and data
• An information security improvement project where new security controls that availability.
have been identified by the security assessment tool are implemented.
• Business processes re-engineering for all the business process in line with BIPA’s
• IT policies review and update to review the IT policies in line with the policy for automation strategy.
policy development.
60 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.5. HUMAN CAPITAL MANAGEMENT
9.5.1 Overview
At BIPA we recognise that employees are critical assets to the strategic
long-term success of the organisation. Therefore, the Authority “BIPA crafted strategic objectives
has attracted, engaged, motivated, and invested in human capacity
development interventions during the 2021/22 financial year. BIPA
to ensure readiness to face
crafted strategic objectives to ensure readiness to face foreseeable
challenges and strive to become a self-sustainable entity which can
foreseeable challenges and strive
optimally deliver on its core mandate. The Authority has embarked on
an organisational structure review process to reposition the entity’s
to become a self-sustainable
competitiveness, in order to achieve the defined strategic objectives
designed around the four strategic themes using the Balanced Scorecard
entity which can optimally
methodology. deliver on its core mandate.”
9.5.2 Workforce Composition & Diversity
The total, the BIPA workforce at the beginning of the 2021/22
financial year stood at 130 employees, whereby 109 were employed
on a permanent employment basis, and 21 were employed through
temporary employment contracts. However, by 31 March 2022, BIPA’s
total workforce stood at 141, whereby 115 were permanent and fixed
term employees, and 26 were temporary employees as indicated below.
BIPA workforce statistics (01 April 2021 to 31 March 2022)
140 138 138 141 141 141 142 138 141 142 141
130 130 114 114 114 116 116 116 116 115
120 109 111 111 112
40 27 27 27 27
21 26 26 22 25 26 26
Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22
Permanent & Fixed Term Temporary Total
Human Capital Acting Executive, Ainna Kaundu and Team
Rebuild, Revive, Restore. 61
Business and Intellectual Property Authority Annual Report 2021/2022
9.5.3 Workforce Age Analysis
During the reporting period, the average age for BIPA employees was 31 years. This were 31 years and younger. The detailed workforce age analysis profile is indicated
implies that over 22% of BIPA’s workforce comprised of millenial employees which below.
BIPA age analysis profile
Age Student Total
EXCO Permanent Temporary %
Category Intern Headcount
Below 30 - 16 19 2 37 26%
31-35 - 26 3 - 29 20%
36-40 2 28 2 - 32 23%
41-45 1 17 - - 18 13%
46-50 2 6 - - 8 6%
51-55 1 7 - - 8 6%
56 - 60 - 9 - - 9 6%
TOTAL 6 109 24 2 141 100%
9.5.4 Workforce Diversity Profile
By the end of 2021/22 financial year, the Authority’s workforce employment equity
profile consisted of two women and four men occupying the executive/senior
management positions. In addition, 14 women and 11 men were occupying the mid-
level management positions as indicated. This workforce composition is inclusive of
one non-Namibian male with a permanent residence status.
62 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
BIPA workforce composition and diversity profile (2021/22)
JOB CATEGORY Racially Disadvantaged Racially advantaged Persons with Disabilities Non- Namibians Totals
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 (E2) 4 1 0 0 0 0 0 0 4 1
Mid-level Management (D1-D5) 11 14 0 1 1 0 1 0 13 15
Specialised/ Skilled/Senior Supervisor (C4) 3 3 0 0 0 0 0 0 3 3
Skilled (C1-C3) 10 33 0 0 0 0 0 0 10 33
Semi-Skilled (B) 5 20 0 0 1 0 0 0 6 20
Unskilled (A) 3 3 0 0 0 0 0 0 3 3
TOTAL PERMANENT 36 75 0 1 2 0 1 0 39 76
Temporary employees /or Student Interns 11 15 0 0 0 0 0 0 11 15
Total 47 90 0 1 2 0 1 0 50 91
During the reporting period, 65% of the total workforce is attributable to female employees while males represent 35%.
Rebuild, Revive, Restore. 63
Business and Intellectual Property Authority Annual Report 2021/2022
9.5.5 Talent Attraction, Recruitment & Turnover
Recruitments
The division successfully completed the recruitment and selection processes for 14 positions as indicated in the table below. These talent acquisition efforts were necessary to
capacitate various divisions which experienced increased workloads.
Nature of position filled Division Quarter
1. Software Engineer Information Communication Technology 1st Quarter
2. Database Administrator Information Communication Technology 1st Quarter
3. ICT Technician Information Communication Technology 1st Quarter
4. Receptionist Office of the CEO 1st Quarter
5. PA: Executive Human Capital Management Human Capital Management 1st Quarter
6. Administrative Assistant Business Registrations Services 1st Quarter
Marketing, Corporate Communication, and Client
7. Client Management Services Consultant 1st Quarter
Management Services
8. Helpdesk Consultant Information Communication Technology 1st Quarter
9. Cost & Management Accountant Finance and Administration 1st Quarter
10. Manager: Business Strategy Office of the CEO 2nd Quarter
11. Accountant Expenditure Finance and Administration 2nd Quarter
12. Manager: Records & Archive Management Services Information Communication Technology 2nd Quarter
13. Business Registrations Officer – Walvis Bay. Business Registrations Services 3rd Quarter
14. Executive: Business Registrations Services Business Registrations Services 3rd Quarter
In addition, employment contracts for 27 temporary employees were also renewed in the month of August 2021 for another period of seven (7) months to support the core
divisions’ operations.
64 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.5.6 Fixed-Term Employment Contracts
Six senior management employees occupy Executive positions on a 5-years fixed-term employment contract basis and their respective contractual statuses were as indicated in
below.
Name, Surname Position held Appointment date Term expiry date
Renewed on 15 January
1. Veiko Muronga Executive: Information and Communication Technology 16 January 2017
2022 to 15 January 2027.
2. Ainna V Kaundu Executive: Intellectual Property Services 01 October 2017 30 September 2022
3. Vivienne Katjiuongua Chief Executive Officer 15 October 2019 14 October 2024
4. Jones Lubinda Executive: Finance and Administration 22 December 2020 21 December 2025
Executive: Marketing, Corporate Communication, and
5. Ockert Jansen
Client Management Services.
01 February 2021 31 January 2026
6. Raphael Likando Executive: Business Registration Services 01 November 2021 31 October 2026
9.5.7 Labour Turnover
Overall, the Authority has recorded two employment separations among its permanent employees during the month of May 2021. These were from the Division - Intellectual
Property Services (with one member going on retirement) and the Division: Marketing, Corporate Communication and Client Management Services.
BIPA labour turnover statistics (2017/18 – 2021/22)
Financial Period Opening balance Joiners Leavers Closing balance % Turnover
April 2017 -Mar 2018 75 21 3 93 2.47%
April 2018 -Mar 2019 93 12 8 97 5.65%
April 2019 -Mar 2020 97 3 6 94 4.17%
April 2020 -Mar 2021 94 13 4 103 2.75%
April 2021 – Mar 2022 103 14 2 115 1.24%
Rebuild, Revive, Restore. 65
Business and Intellectual Property Authority Annual Report 2021/2022
9.5.8 Remuneration 9.5.9 Strategic Projects
BIPA has successfully implemented the annual salary increment for the 2021/22 HR policy review project
Financial Year as part of the three-financial years roll-out (2021/22, 2022/23, 2023/24)
BIPA contracted the Business and Entrepreneurship Training Consultancy (BETC) to
approved by the Board of Directors to adjust the remuneration of employees in the
facilitate the HR policy review workshop held on 10-11 August 2021 and 17-18 August
A-D band categories from minimum to mid-point of BIPA’s remuneration scale.
2021. A total of 11 HR related policies were reviewed, and valuable proposals were
This decision followed the conclusion of the annual wage negotiation meetings made to merge related HR policies as indicated below, for efficiency purposes.
between BIPA and the Namibia Public Workers Union (NAPWU) which culminated
into the ‘Memorandum of Agreement for Wage Adjustments’ signed on 16 December
2021.
HR policies reviewed.
Existed Policy (Name) Workshop recommendations Proposed Policy (Name)
1. Conditions for Employment and Benefits Policy Leave aspects incorporated into the Conditions of
Conditions of Employment Policy
Employment Policy.
2. Leave Policy
Rewards aspects incorporated into the
3. Remuneration Policy Remuneration and Reward Policy
Remuneration Policy
4. Performance Management Policy Recognitions aspects incorporated into the
Performance and Recognition Policy
5. Recognition and Rewards Policy Performance Management Policy.
6. Recruitment and Selection Policy Retention aspects incorporated into the Recruitment
Recruitment and Retention Policy
7. Attraction and Retention Policy and Selection Policy.
8. BIPA Ethics Code Disciplinary aspects incorporated into the BIPA
Business Ethics Policy
9. Disciplinary Code and Procedures Ethics Code.
10. Training & Development Policy Rename the policy. Human Capital Development Policy
11. Job Evaluation Policy and Procedures Rename the policy. Job Evaluation and Grading Policy
In addition, a newly developed Affirmative Action Policy was also presented together with seven revised HR related policies at various staff consultation sessions organised to
gather the employees’ inputs.
66 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.5.10 Organisational Culture Transformation Strategy Project
BIPA awarded a bid to BDO Advisory Services (Pty) Ltd in June 2021 consultant fully engaged, feel more valued and excel in contributing to the overall mission of
to develop and implement the organisational Culture Transformation Strategy, the Authority. BIPA’s values of accountability, service excellence, teamwork, integrity,
Programme and Action Plan. The analysis report on BIPA’s existing culture was received empowerment and innovation can be promoted through motivating employees
on 15 September 2021 following the study of source documents and interviews with (empowerment), open and honest communication (engagement) and the ability to
Heads of Divisions. The BDO Consultant administered the organisational culture inspire (effective leadership).
assessment survey using the ‘OCAI Questionnaire’ across all job levels.
The Transitional Framework for BIPA’s Culture Transformation proposed the following
The project outcome report was based on findings of the Change Readiness Report. strategies which are expected to be rolled-out in the 2022/23 financial year.
It is evident that BIPA requires a culture strategy change so that people are more
THE CULTRUE TRANSITION FRAMEWORK
Engage Empower Inspire
All employees understand the vision and mission
BIPA employees will communicate constructively, with
of BIPA which enables everyone to fulfill their Leaders set the example and model behaviours that
respect and kindness. At BIPA, we encourage everyone to
role in achieving BIPA’s mandate. Roles and demonstrate BIPA’s values. Leaders are responsible
communicate openly and honestly. We value everyone’s
responsibilities are clearly defined by leadership for our employees’ development, growth, and
opinion and diverse viewpoints to inform our decisions.
and understood by all. Employees have the success and are provided with the necessary
We also endeavour to provide a rationale for the how and
necessary tools, training and guidance to perform support and resources to do so.
why behind our actions and strive for timely, honest and
their duties well and achieve results.
transparent communication that fosters trust among all.
Proposed Strategies for implementation Key Initiatives
1.1 Develop a leadership competency framework
1. Develop leadership culture 1.2 Establish a leadership development programme
1.3 Identify opportunities for staff career paths
2.1 Seek employee input
2. Improve communication 2.2 Provide a clear rationale for mandate and initiatives
2.3 Enhance and embody the strengths of the Adhocracy Culture
Rebuild, Revive, Restore. 67
Business and Intellectual Property Authority Annual Report 2021/2022
Proposed Strategies for implementation Key Initiatives
3.1 Create autonomy within appropriate boundaries
3. Create a culture that values creativity and innovation 3.2 Enhance the rewards and recognition programme
3.3 Enhance and embody the strengths of the Market Culture
4. Enable work-life balance 4.1 Balancing priorities
5.1 Review of the performance management system (PMS)
5. Effective talent management 5.2 Conduct a review of BIPA’s compensation practices
5.3 Enhance and embody the strengths of the Hierarchy Culture
6. Improve processes to be efficient, but with sufficient 6.1 Eliminate unnecessary workload, processes, or reports
flexibility 6.2 Review the organisational structure
9.5.11 Organisational Structure Review Project 9.5.12 Helping Employees to Thrive
BIPA awarded a bid to BDO Advisory Services (Pty) Ltd in July 2021 consultants to review To gain a competitive advantage, the Authority nominated various employees to
and re-align the BIPA structure. The project scoping highlighted that the sustainability attend relevant training and development interventions for them to be equipped with
of BIPA resides in a well-governed organisation with clear and purposeful oversight the right skills and knowledge. The following learning and development interventions
as outlined in its mandate. This is informed by expert and technical knowledge, and were implemented as part of the Annual Training Plan to give effect to the Human
driven by key partnerships across regional boundaries. Capital Development Policy requirements.
The primary aim of the project was to ensure sufficient funding and/or revenue
collection in order to sustain effective operations that contribute to the national
growth strategy. The success of BIPA’s strategic imperatives resides in the building and
strengthening of key governance and risk aspects in the value-chain, the driving of
client centric operations and indicators, e-services to support digital transformation
and the building of a centre of expertise for business and intellectual property activities.
68 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
BIPA capacity development interventions in the 2021/22 FY
Nature of Training Course Date No. of Staff Training Venue/Mode
Stores, Procurement & Inventory Control Management 31 Jan. 2022 - 4 Feb. 2022 1 Windhoek
Customer experience master class for customer facing staff 1-2 Feb. 2022 23 Onsite (BIPA)
PMI-ACP 1-7 Feb. 2022 1 Virtual
Customer Experience – Non-Customer facing Staff 3 Feb. 2022 23 Onsite (BIPA)
Customer Experience Ecosystem - Deep-dive 8 Feb. 2022 22 Onsite (BIPA)
Drivers Protocol Skills & Fuel Management 7-11 Feb. 2022 2 Windhoek
Employee Relations Master class 14-16 Feb. 2022 1 Walvis Bay
Building Inspection, Property & Assets Management 14-18 Feb. 2022 1 Windhoek
High-performance Corporate PA’s, Executive Secretaries & Office Administrators Summit 16-17 Feb. 2022 7 Swakopmund
ARIPO MS 28 Feb. 2022 5 Onsite (BIPA)
Procurement & Contract Management 28 Feb. 2022 - 4 Mar. 2022 1 Walvis Bay
Office administration boot camp 28 Feb. 2022 - 04 Mar. 2022 7 Windhoek
Compliance essentials 2-5 Mar. 2022 2 Virtual
IFRS Training 9-11 Mar. 2022 5 Virtual
Executive Development Program 10-14 Mar. 2022 2 Virtual
Digital Transformation strategy for the Executive Training 14 Feb. 2022 6 Virtual
Basic HR Induction and Policy awareness 30 June 2021 4 Swakopmund Office
Use of Fire fighting Equipment 27 Sept. 2021 5 BIPA Walvis Bay Office
Rebuild, Revive, Restore. 69
Business and Intellectual Property Authority Annual Report 2021/2022
9.5.13 Study Loan Scheme 9.5.15 Looking Ahead
BIPA values the development of its employees. During the period, thirteen employees In the coming year, the focus of the division is to outline the Corporate People
who were pursuing their studies benefited from the scheme to register and pay-off Philosophy which defines the positioning of people (employees) within the organization.
tuition fees. During the 2021/22 FY, a total amount N$153,294.60 was paid directly This philosophy will also help to develop and empower employees through the
to various tertiary institutions on behalf of the beneficiary employees to cover their implementation of Workforce Development Plan and Talent Management Strategy;
study related expenses. create and nurture a conducive culture through the implementation of the Culture
Transformation Strategy; enhance effective strategy delivery through finalisation and
9.5.14 Employee Engagement, Health and Wellness implementation of a responsive structure; improve employee engagement through
implementation of the employee engagement plan; manage staff costs and improve
Job Satisfaction Survey efficiency through automation.
The Division conducted a ‘Job Satisfaction Survey – 2021’ in February 2022 to assess
the individual employees’ satisfaction levels with their job, level of support they get
from their team and supervisors, and ultimately the emotional connection to the
organisation (BIPA). The survey was structured around the four dimensions namely,
job experiences, team support, management support, and organisational support.
A total of 112 permanent/temporary employees participated in the survey with a
satisfaction level of 43%. The Division therefore aims to improve this level through
various interventions during the ensuing year.
Operating in a Covid-19 environment
BIPA continue to observe the Covid-19 pandemic closely despite the relaxation of
certain public health protocol and regulations. No positive case was recorded at BIPA
during the review period. The Authority implemented the general preventive health
and safety measures including compulsory wearing of masks, sanitising of hands, and
temperature checks to minimise the risk of further infections.
70 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.6. MARKETING AND CORPORATE
COMMUNICATION
9.6.1. Overview
The Marketing function of BIPA is headed by the Executive: Marketing,
Corporate Communications and Client Services, who is ultimately
“The division is furthermore
responsible for improving and maintaining the brand and communications
functions of the organisation; as well as ensuring effective stakeholder
tasked with the ethical
management and engagement. The division is furthermore tasked with reputation management of the
the ethical reputation management of the Authority, and the education
of the public on its mandate and services. Authority, and the education of
9.6.2. Strategic Orientation
the public on its mandate
Although the Marketing Division supports the strategic plan in varying and services.”
roles to achieve the Authority’s objectives and initiatives, the division is
notably concerned with the promotion of stakeholder confidence and the
development and implementation of the brand management plan, a key
pillar of BIPA’s 5-year strategic plan. This is accomplished through a focus
on improving customer satisfaction and stakeholder relationships.
9.6.3. Brand Audit
For the 2021/2022 financial year, the marketing and corporate
communication division conducted a brand audit of the Authority to
analyse the overall understanding of the BIPA brand and how is viewed
within the industry. The results of the audit were used to develop a
brand strategy to address the shortcomings. Furthermore, the results
of the audit indicated that there is a need for improved understanding
of BIPA’s brand perception. In support of the brand strategy the division
developed a Corporate Communications Policy aimed at establishing a
set of principles to ensure that communication across BIPA is effective
and appropriate; and respond to the diverse information needs of all its
internal and external stakeholders.
Marketing, Corporate Communication and Client Management Services, Executive, Ockert Jansen and Team
Rebuild, Revive, Restore. 71
Business and Intellectual Property Authority Annual Report 2021/2022
9.6.4. Towards Better Engagement With Stakeholders Media Relations, monitoring and tracking
For the period under review, the division managed to successfully engage 26 key The continuous positive sentiment in the media is ascribed to improved efforts by
stakeholder groups. Engagements were targeted at BIPA clients, accountant & auditor the Marketing and Corporate Communications Division to keep the public informed
boards, entrepreneurs, financial institutions, the SMME sector, and relevant ministries about relevant topics such as the payment of annual duties and how to remain in
to name a few. The BIPA CEO further ensured regular communication and meetings good standing with the Authority. Both exposure and sentiments are depicted below:
with the BIPA Board, the African Regional Intellectual Property Organization and the
World Intellectual Property Organisation. Number of media exposures 2021/22
The objectives of all stakeholder engagement activities were: TV News
TV Interview 3%
• To adopt a proactive role in communicating with our internal and external 6%
Social Media Advert
stakeholders; 7%
Newspaper Article
• To establish a clear understanding and awareness of the role of the Authority Reader Complaint
in Newspaper Newspaper Advert
among key target audiences; 8% Newspaper Article
Radio Intervi ew
25%
• To ensure that honest, accurate information is delivered in an open, effective, Social media post
and timely manner; Social media post Reader Complaint in Newspaper
12% Newspaper Advert
Social Media Advert
• To be the central contact point, both internally and externally, for information 21%
TV Interview
on issues concerning the overall work and objectives of the Authority. Radio Interview TV News
18%
Due to many challenges and the outbreak of COVID-19, for the period under review the
division was forced to minimise its face-to-face stakeholder engagements on business
registration and intellectual property public information and education awareness.
Public Sentiment in the Media 2021/22
Despite all odds, the division managed to use digital media platforms and traditional
media to disseminate information and ensure that the public and stakeholders were 40
updated on the operational activities of BIPA. 35
Social media engagement 25
Neutral
Positive
Due to the minimised physical engagements during the financial year, the marketing
15 Negative
division made an improved effort to enhance its social media communication with
stakeholders. With the effort from the division, Facebook followership grew with 88% 10
and Twitter followership grew with 66%. Engagement on the BIPA website increased 5
by 96%. 0
Newspaper Social Media Radio Televi sion
72 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.6.5. Campaigns
Annual Duty Campaign – Good Standing is Good Business Trademark Campaign – Own Your Mark, Protect Your Brand
In August 2021, BIPA launched the first Annual Duty media awareness campaign
aimed at promoting awareness about the statutory compliance of submitting annual
returns and paying their duties as many business owners did not know about this
obligation. The campaign also focused on the result of paying annual duties, which is
being in good standing with BIPA. The good standing stance will open more doors for
business owners as they now qualify for national tenders. Through the educational
campaign, BIPA disseminated information in the form of a public notice in print media
for the duration of the campaign, which was two months. The campaign proved to be
successful as it created awareness and helped BIPA collect more revenue for both CCs
and Companies compared to the previous financial year. Business owners were now
more aware of their obligations when registering their business entities. The campaign
will have two additional phases in the new financial year that aim to reinforce the
message of compliance to paying annual duties and exploring the benefits of being in
good standing with BIPA.
BIPA’s mandate includes protecting and promoting intellectual property rights.
Trademark registrations fall under the umbrella of Intellectual Property (IP) protection.
The Trademark campaign was launched on 01 November 2021 to educate the public
on the importance of entrepreneurs and innovators registering their trademarks and
protecting their brands.
The first phase was aimed at the creative industry and encouraged creative innovators
to register their brands and protect their trademarks. The campaign ran from
November 2021 – March 2022. The campaign was mainly executed on digital media
on all BIPA social media pages and included radio adverts that ran for the duration
of the campaign. BIPA has since received an influx of queries from innovators and
creative entrepreneurs on how they can protect their brands and how to register their
trademarks with BIPA. The second phase of the campaign is envisaged to cover the
product brands where business owners who have product-centric brands can register
their brands and enjoy the benefits of intellectual property protection.
Rebuild, Revive, Restore. 73
Business and Intellectual Property Authority Annual Report 2021/2022
9.7. CLIENT MANAGEMENT SERVICES
9.7.1. Overview
In BIPA’s current 5-year strategic plan, the Authority has been
intentional in ensuring efficiency through customer centricity.
The division resorts under the division Marketing, Corporate
Communication and Client Management Services and takes
a central role in servicing BIPA customers and ensuring service “Enhanced customer
excellence through various customer touch-points. In essence,
the Division is responsible for service provision of all front-line/ relationships require a deliberate
and intentional drive by any
customer facing staff, including the contact centre.
9.7.2. Strategic Orientation
business.”
Enhanced customer relationships require a deliberate and
intentional drive by any business. Therefore, at the centre of
BIPA’s success are its customers and employees. These two
important stakeholders are symbiotic in their interactions and
if excellent services are provided by BIPA employees, it leads to
an improved relationship and ultimate an improved customer
satisfaction. Therefore, the division contributes to growth in
revenue, improved customer satisfaction, improved stakeholder
satisfaction and enhanced process optimisation.
9.7.3. Application Referencing
All applications made through BIPA are submitted either at the
Client Service Centre or through the online portal known as the
Integrated Client Service Facility (ICSF). All such applications
require referencing in order to link the application to a specific
process embedded within BIPA’s registration system known as
the Integrated Companies Registration System (ICRS). During the
year under review, a total of 150 245 business registration related
application were referenced. Marketing, Corporate Communication and Client Management Services, Executive, Ockert Jansen and Client Services Management Team
74 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Name Reservation
In terms of section 48 of the Companies Act, 2004, sections 12(1)(a) and 19(2) of the it may be renewed for a further two years only. A Defensive Name may not be used
Close Corporations Act, 1988, the reservation of a name is required, as the initial stage for trading purposes.
before registration of either a company or a close corporation. It is common cause
During the 2021/22 financial year, the following statistics were recorded under
that regulations made in terms of a specific Act, often outlines certain procedures
defensive names.
and processes to be followed, however, neither of the latter Acts have provision for
explaining the process for reserving a name and the criteria for approval. It must • Defensive Names (CM8) submitted = 67 / Defensive Names (CM8)
be noted however that the Act makes specific reference to such names not being Approved = 67
“undesirable” to the Registrar upon application, although the term “undesirability” is • Renewal of Defensive Name Applications (CM8A) Submitted = 2 / Renewal of
not explicitly defined in either of the Acts. Defensive Name Applications (CM8A) Approved = 2
• Total of Defensive Names (CM8 AND CM8A) Submitted = 69 / Total of
Name Reservation Applications processed from 01 April 2021 to 31 March 2022
Defensive Names (CM8 AND CM8A) Approved = 69
• Total Name Reservations Close Corporations (CC8)
Submitted = 21162 9.7.4. Client Service Via E-Mail
Approved = 21162 As a service driven institution, BIPA interacts with its clients through various physical
and online touchpoints. These include:
• Total Name Reservations Companies (CM5)
• Walk-in service (through Client Service Centre)
Submitted = 7049
• Call entre
Approved = 7049
• Website
• Total Name Reservations (CM5 AND CC8)
• Online Service (Integrated Client Service Facility)
Submitted = 28211
• Total Name Reservations (CM5 AND CC8)
Approved = 28211 Through email, clients such as business owners, consultants, agents, financial and
government institutions and related organisations may request information about
Defensive Names existing business applications and/or validation of registration statuses.
In terms of section 49 (2) of the Companies Act, 2004, any person may on application To improve the customer experience and enhance efficiency, the turn-around-time
apply to the Registrar for a Defensive name. A Defensive Name is used to defend a for responding to such enquiries is set at 24hours, except when enquiries are received
name to ensure no other person may use the same or similar name during the period over weekends. The statistics below show the number of e-mail enquiries received
of defence. A Defensive Name is valid for a period not exceeding two years. However, during the year under review and the level of responsiveness on such enquiries.
Rebuild, Revive, Restore. 75
Business and Intellectual Property Authority Annual Report 2021/2022
MONTH TOTAL 9.7.6. Customer Satisfaction Survey
APRIL 2021 405
In order to assess how well BIPA is executing its mandate, which includes it
MAY2021 354
JUNE 2021 320
effectiveness and efficiency in service delivery, BIPA developed a customer service
JULY 2021 420 plan and has conducted a customer satisfaction survey for the period. The survey
AUGUST 2021 389 assessed the levels of satisfaction by clients for services rendered by BIPA. The survey
SEPTEMBER 2021 322 was conducted through electronic and counter based customer touch points.
OCTOBER 2021 269
NOVEMBER 2021 257 During the survey, respondents were requested to rate the service they received at
DECEMBER 2021 125 BIPA.
JANUARY 2022 277
FEBRUARY 2022 281 Client Satisfaction Survey
MARCH 2022 219
TOTAL 3638 70 61 57
50 40
40 34 31
9.7.5. Client Service Through Face-To-Face Assistance 30 19 21
5 4
During the financial year 2021/22, 41-thousand clients visited BIPA at its Head Office 10
in Windhoek and Walvis Bay. This figure is indicative of the level to which people Not Not as Somewhat Very Extremely
require service from the Authority. April 2021 saw 11% of annual clients visiting BIPA satisfied Satisfied Satisfied Satisfied Satisfied
at all
and also services as the highest month, while December 2021 only saw 4.5% clients,
Counter Electronic
as this time was a slower period for business in general.
MONTH TOTAL
Customer Satisfaction
APRIL 2021 4375
General satiscaction (online + paper)
MAY 2021 2927
JUNE 2021 3894 Client Satiscaction Not Satisfied
at all
JULY 2021 2347 Extremely
Satisfied 17%
AUGUST 2021 3035
21%
SEPTEMBER 2021 3877
Not as Satisfied
OCTOBER 2021 3754 at all
NOVEMBER 2021 3900 9%
DECEMBER 2021 1837 OVERALL CAST
Some what
72%
JANUARY 2022 3572 Very Satisfied Satisfied
FEBRUARY 2022 3985 28% 25%
MARCH 2022 3466
TOTAL 40969 26% 25% 48%
76 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
9.7.7. Projects Executed
The division managed to implement projects that are vital in improving service delivery.
The Call Centre project was one such project which was successfully implemented
and clients now get hold of BIPA through the call centre line @ +264 61 299 4433.
BIPA is now able to retrieve reports on the number of calls per day, week, month and
year from customers. Further, on average how long an Agent spends on a call and the
satisfaction level of the call centre, percentage of calls answered with percentage of
dropped calls can also be obtained. The call centre satisfaction level for the year was
73% as at 31 March 2022.
The division also commenced the implemented that queue management system.
As at financial year end, the division was busy with final testing of the system to fit
best with BIPA operations. Customer facing staff members were trained on how the
system will work while the system has been tested and implemented at the Walvis
Bay Regional office.
9.7.8. Client Services Trainings
The division also initiated and completed trainings geared at further improving
processes within BIPA. These trainings were the call centre training, queue
management system training, intellectual property training, ICSF training, ERP
training, ICT security training, customer service training and procurement training.
Rebuild, Revive, Restore. 77
Business and Intellectual Property Authority Annual Report 2021/2022
9.8 FINANCE AND ADMINISTRATION
9.8.1. Overview
The Finance and Administration division’s role is to ensure that
financial planning and analysis, controls, and managing resources
are in place for the effective and efficient performance of the “Holistically therefore, BIPA
division as well as the entire BIPA.
had positive cash flows and the
9.8.2. Solid Financial Performance
excess cash was invested to
In another year of economic uncertainties, we have demonstrated better our operations.”
our ability to adapt to a crisis, and we have emerged with a strong
balance sheet which provides us with a solid basis on which to
build.
Essentially, the Authority recorded a surplus of N$5.56 million
despite cost increases and the impact of the Covid-19 pandemic
in the previous financial year. What this critically translated to is
that the targeted deficit of N$4.5 million ended with a surplus.
Revenues from close corporations, company registration services,
annual duties, file requests and copies, and interest received,
achieved above 100% which contributed to the performance.
Finance and Administration Executive, Jones Lubinda and Team
78 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Holistically therefore, BIPA had positive net cash flows from operations and the excess
REVENUE PERFORMANCE
cash was invested to better our operations and ultimate provide scope for a stronger
93,925,343
financial position in the future. financial position in the future. In the reporting
period, BIPA had a CAPEX budget of N$20.8 million and only spent N$2.2 million
which constituted 6% of the total capital expenditure for FY 2021/22.
CAPEX ANALYSIS
91,503,846 Budgeted CAPEX Actual CAPEX Percentage Utilization
1,253,805 6%
BUDGETED REVENUE ACTUAL REVENUE
On the expenditure side, the Authority only spent 92% of the budgeted amount of 20,820,000
N$96 million.
BUDGTED Vs ACTUAL EXPENDITURE-FY2021/22
100,000,000 Revenue breakdown
96,008,669
90,000,000 88,365,327
80,000,000 FY 2021/22 FY 2021/22 Variance % of
70,000,000 Budget Actual Revenue
60,000,000 Budget
50,000,000 Achieved
40,000,000 Core Revenue
30,000,000
92%
Close Corporations 2,125,434 2,621,553 496,119 123%
20,000,000
10,000,000
Companies 2,343,450 2,459,010 115,560 105%
- Defensive Names 311,450 63,080 (248,370) 20%
BUDGETED EXPENDITURE ACTUAL EXPENDITURE PERCENTAGE UTILISATION
Annual Duties 68,450,885 75,633,901 7,183,016 110%
Intellectual Property 12,022,598 10,393,678 (1,628,920) 86%
File Request, Copies, etc 80,673 320,504 239,831 397%
Total Revenue 85,334,490 91,491,725 6,157,235 107%
Rebuild, Revive, Restore. 79
Business and Intellectual Property Authority Annual Report 2021/2022
Revenue from ARIPO/WIPO 9.8.4. Investing In Safety
ARIPO & WIPO REVENUE FY21/22 Safety and security remain key aspect for BIPA. The Authority ensures to protect its
assets, and human life. With incidents reported in local media around the city and
5,000,000 4,361,290 140%
within Namibia, extra efforts are required to ensure the safety of human life, and
3,800,000 115% 120%
4,000,000 3,500,000 assets.. Safety includes protection of BIPA’s employee against COVID 19.
100%
3,000,000 2,772,917
80%
79%
2,000,000 60%
1,000,000
40%
20%
“BIPA made some improvements
-
ARIPO WIPO
0%
such as installation of safety glass
Budget Actual Percentage
at customer-facing areas, additional
9.8.3. Projects Financed CCTV cameras, and security guards,
A total of 22 projects were budgeted at a total amount of N$20.82 million. The and enhanced security of the main
entrance access.”
actual expenditure was N$1.25 million which was 6% of the total capital budget for
the Financial Year. Projects completed included the website as well as Board pack
automation.
During the financial year, the maintenance of the infrastructure remained a priority to
keep the facilities at optimum levels. This was carried out on need bases to keep the
buildings and equipment in good condition.
80 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
10. REGULATORY AND POLICY DEVELOPMENT UPDATE
10.1. Development of the New
Copyright Legal Framework
“The session was held in hybrid mode
During the reporting period, a roundtable engagement under
the theme “Growing the local Creative Industry for Economic and featured a panel discussion made
up of local and international experts
Transformation through a balanced and effective Copyright
Legal System” was held on 01 March 2022 with members of
Parliament.
The session was held in hybrid mode and featured a panel
on creative and copyright law. ”
discussion made up of local and international experts on
creative and copyright law. The objective of the engagement
was to build consensus on copyright protection principles
and a conducive framework essential to growing the creative
industry as a catalyst for a knowledge-based economy.
The event was officiated by Deputy Minister of Industrialisation
and Trade, Hon Verna Sinimbo and attended by 35 lawmakers.
10.2. Industrial Property Tribunal
The Industrial Property Act 1 of 2012 provides for the
establishment of the Industrial Property Tribunal which is a
specialized dispute adjudication mechanism for Intellectual
Property Rights (IPR’s) such as Trademark, Patents, Industrial
Design and Utility Models. By establishing the Tribunal, the
Namibian Government intends to speedily deal with Industrial
Rebuild, Revive, Restore. 81
Business and Intellectual Property Authority Annual Report 2021/2022
property (IP) disputes and thus encourage owners of Intellectual Property (IP) to 10.4. Trade Related Aspects of Intellectual Property
enforce their rights. Additionally, the Industrial Tribunal Rules have been gazetted on Rights (TRIPS Amendment Protocol)
the 29 April 2022. To this end, the Industrial Property Tribunal is in progress with
hearing matters on its roll before the end of the 2022/2023 financial year. The TRIPS agreement sets forth minimum standards for intellectual property rights.
Amongst others, it places certain conditions on the issuing of compulsory license
of patents, which includes the requirement of that products manufactured under a
10.3. Withdrawal of Madrid Declaration compulsory license must be mainly be for the domestic market only.
However, many developing countries lack the manufacturing capacity in
Namibia became a signatory to Madrid on 30 June 2004, which is the instrument
pharmaceutical products which means the use of compulsory licence as a method for
of accession was deposited with WIPO; Namibia indicated that it was not open for
obtaining patented pharmaceutical products is hindered as they need another country
trademark application that were protected in another jurisdiction before it accessed
to manufacture the pharmaceutical product and export it to them. Amendments to
to the protocol. After some years in operation, it became prudent that Namibia open
the TRIPS Agreement by WTO members last entered into force on the 23 January
ways for applications that were excluded hence, for this to be effected a declaration is
2017. Namibia has accepted the amending the WTO agreement with the realisation
required to be withdrawn.
that such amendments have potential benefits.
The process of withdrawing this declaration started way back 2020 and it was
concluded on the 16 February, when WIPO accepted the declaration. This withdrawal
meant that trademarks that were excluded, may now be designated and be protected
in Namibia.
82 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
11. STAKEHOLDER ENGAGEMENTS
During the period under review, the Authority undertook stakeholder
engagements that were in line with improving stakeholder relations
as well increasing the potential for innovation by tapping into the
“The new office was
wider resource of broad stakeholders. Below are the engagements
that took place in this reporting period ending 31 March 2022.
established to decentralise
services to the regions.”
11.1. Walvis Bay BIPA Office Inauguration
BIPA’s Walvis Bay office was officially inaugurated in the reporting
period and the office, in the harbour town has been operational
since 1 July 2021. Prior to this office being inaugurated, BIPA
was operating from an office on the premises of the Ministry of
Industrialisation and Trade in Swakopmund. The new office was
established to decentralise services to the regions, in line with the
government’s objective to take services to the people, especially in a
sparsely populated areas.
11.2. New Board Induction
The Ministry of Industrialisation and Trade (MIT) appointed a new
Board of Directors for a period of three years, effective 01 October
2021 - 30 September 2024. The Board was appointed in terms of
Section 8 of the Public Enterprises Governance Act No. 1 of 2019
read together with Section 8 of the Business and Intellectual Property
Authority Act No. 8 of 2016. As such BIPA inducted and introduced
the new Board members to stakeholders.
Rebuild, Revive, Restore. 83
Business and Intellectual Property Authority Annual Report 2021/2022
12.3. World IP day 12.5. BIPA/GIZ - Dololo_DoBox
The World Intellectual Property Organisation, WIPO,
information sharing session
designated 26 April of each year to mark World BIPA conducted an information sharing session in
Intellectual Property (IP) Day, with the aim to increase conjunction with GIZ at the Franco Namibia Cultural
public understanding and awareness of intellectual Centre on 9 June 2021. The objective of the session was
property. World IP Day serves as a platform where all to share information on business registration services
global innovation stakeholders in unity deliberate on and the protection of intellectual property rights with
how innovations help better our world. Namibian entrepreneurs. The BIPA team encouraged
the entrepreneurs to ensure that their innovations
With the mandate to administer business registration
were protected, so that they could receive a fair reward
and IP development in Namibia, BIPA commemorated IP
for their work and earn a living from their creative
Day 2022 with an event held at BIPA’s Walvis Bay office
endeavours.
and was attended by representatives from the Ministry
of Industrialisation and Trade, the Walvis Bay Mayor’s
office as well as representatives from the BIPA Board of 12.6. Okahao Innovation Summit
Directors, EXCO and management.
BIPA participated in the two-day virtual Okahao
Innovation Summit from 26-27 November 2021. The
12.4. Impact Tank Information BIPA team gave a presentation of its objectives and
Sharing Session services; and educated Namibians on IP rights and the
registering of businesses as small medium enterprises
On 02 December 2021, BIPA undertook a virtual
in the country.
information sharing session with Impact Tank. The
aim of the session was to address entrepreneurship
training on business registration and the protecting of 12.7. Employee Wellness
intellectual property rights. Impact Tank is Namibia’s
first social impact venture builder. BIPA organised the annual NHP wellness day held on 12
May 2021, to assess the health status and psychological
wellbeing of employees in line with the Authority’s
wellness strategy. Among the services provided
included the general health screenings (i.e glucose,
HBP, diabetes, BMI), massages, eye tests and cancer
awareness sessions.
84 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
12.8. Team Building & ERP Launch 12.9. Namibia’s 32nd
Independence Day
The Authority organised the ‘Team Building & ERP
Launch’ on 29 October 2021 hosted at the BIPA Katutura BIPA celebrated Namibia’s 32nd Independence Day.
Office in Windhoek. The event was graced with some The event was held at Xwama Traditional Restaurant
‘Zumba Dance’ entertainment facilitated by a local in Windhoek on 18 March 2022. Mrs Nancy Watyoka,
artist. In addition, the Authority organised the Annual a member of the BIPA Board of Directors was invited
Team Building Event to enhance the spirit of teamwork as the guest speaker. In her speech, she highlighted
amongst staff. the importance of creative mind-sets and the need to
overcome the work-life challenges.
“BIPA employees 12.10. The Cook-off Competition
had an opportunity BIPA employees had an opportunity to showcase
their natural talents in cooking and creative thinking
to showcase their through a Cook-off engagement that was held in the
year under review. The BIPA workforce was divided into
natural talents in five divisional teams which represented the colours of
the Namibian national flag. Each team presented their
cooking and creative cuisines to a judging panel and the judges awarded a cash
voucher of N$5000.00 to the BIPA Business Registration
thinking through a Services team as the winner of the competition. The four
other divisional teams were awarded a cash voucher of
Cook-off engagement N$1,250.00 for their participation at the event.
that was held in the
year under review.”
Rebuild, Revive, Restore. 85
Business and Intellectual Property Authority Annual Report 2021/2022
12. Annual Financial Statements
FOR THE YEAR ENDED 31 MARCH 2022
86 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
“Persistence and resilience
only come from having been
given the chance to work
through difficult problems.”
― Gever Tulley
Rebuild, Revive, Restore. 87
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Office of the Auditor-General General Information
Country of Incorporation The Republic of Namibia
To run a legal system for business and
Nature of business and principal activities intellectual property registration, protection
and promotion thereof
Directorate Immanuel !Hanabeb (Board Chairperson)
Sara Katiti (Deputy Chairperson)
Justin Strauss
Ashley Tjipitua
Nancy Watyoka
Hilka Alberto
Julius Haikali
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”)
88 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Index
Page
Director’s Responsibilities and Approval 90
Independent Auditor’s Report 91 - 92
Directors Report 93 - 94
Statement of Financial Position 95
Statement of Surplus or Deficit and Other Comprehensive Income 96
Statement of Changes in Equity 96
Statement of Cash Flows 97
Notes to the Annual Financial Statements
98 - 123
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 124 - 125
Rebuild, Revive, Restore. 89
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Director’s Responsibilities and Approval
The Directors are required by the BIPA Act, 2016, (Act No.8 of 2016), to maintain adequate The Directors are of the opinion, based on the information and explanations given by
accounting records and are responsible for the content and integrity of the annual financial management, that the system of internal control provides reasonable assurance that the financial
statements and related financial information included in this report. It is their responsibility to records may be relied on for the preparation of the annual financial statements. However, any
ensure that the annual financial statements fairly present the state of affairs of the company as system of internal financial control can provide only reasonable, and not absolute, assurance
at the end of the financial year and the results of its operations and cash flows for the period against material misstatement or loss.
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 The directors have reviewed the Authority’s cash flow forecast for the year to 31 March 2023
statements. 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
The annual financial statements are prepared in accordance with the International Financial future.
Reporting Standards (“”IFRS””) and are based upon appropriate accounting policies consistently
applied and supported by reasonable and prudent judgements and estimates. 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 Directors acknowledge that they are ultimately responsible for the system of internal the Authority’s external Auditors and their report is presented on page 91 to 92.
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 The annual financial statements set out on pages 93 to 123, which have been prepared on the
of Directors sets standards for internal control aimed at reducing the risk of error or loss in a going concern basis, were approved by the Board of Directors and were signed on its behalf by:
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 Immanuel !Hanabeb Sara Katiti
maintain the highest ethical standards in ensuring the company’s business is conducted in a (Board Chairperson) (Chairperson: Finance, Risk and Audit
manner that, in all reasonable circumstances is above reproach. The focus of risk management in Committee)
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 Windhoek
by ensuring that appropriate infrastructure, controls, systems and ethical behaviour are applied
and managed within predetermined procedures and constraints.
Date:__________________________ Date:________________________________
90 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Independent auditor’s report
To the Members of Business and Intellectual Property Authority Independence
We are independent of the Authority in accordance with the International Ethics Standards
Our opinion Board for Accountants Code of Ethics for Professional Accountants (Parts A & B) and other
independence requirements applicable to performing audits of financial statements in Namibia.
In our opinion, the financial statements present fairly, in all material respects, the financial
We have fulfilled our other ethical responsibilities in accordance with this and in accordance
position of Business and Intellectual Property Authority (the Authority) as at 31 March 2022,
with other ethical requirements applicable to performing audits in Namibia.
and its financial performance and cash flows for the year then ended in accordance with
International Financial Reporting Standards (“IFRS”) and the requirements of the BIPA Act, 2016
(Act No.8 of 2016). Other information
The directors are responsible for the other information. The other information comprises
the information included in the Business and Intellectual Property Authority Annual Financial
What we have audited Statements for the year ended 31 March 2022. Other information does not include the Annual
Business and Intellectual Property Authority’s annual financial statements set out on pages 93
Financial Statements and our auditor’s report thereon.
to 123 comprise:
Our opinion on the Annual Financial Statements does not cover the other information and we
• The directors report for the year ended 31 March 2022;
do not express an audit opinion or any form of assurance conclusion thereon.
• the statement of financial position as at 31 March 2022;
In connection with our audit of the financial statements, our responsibility is to read the other
• the statement of surplus or deficit and other comprehensive income for the year then
information identified above and, in doing so, consider whether the other information is
ended;
materially inconsistent with the financial statements or our knowledge obtained in the audit, or
• the statement of changes in equity for the year then ended; otherwise appears to be materially misstated.
• the statement of cash flows for the year then ended; and
If, based on the work we have performed, we conclude that there is a material misstatement
• the notes to the financial statements, which include a summary of significant accounting
of this other information, we are required to report that fact. We have nothing to report in this
policies.
regard.
Responsibilities of the directors for the financial statements
Basis of opinion The directors are responsible for the preparation and fair presentation of the financial statements
We conducted our audit in accordance with International Standards on Auditing (ISAs). Our
in accordance with International Financial Reporting Standards and the requirements of the
responsibilities under those standards are further described in the Auditor’s responsibilities for
BIPA Act, 2016 (Act No. 8 of 2016), and for such internal control as the directors determine
the audit of the financial statements section of our report.
is necessary to enable the preparation of financial statements that are free from material
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a misstatement, whether due to fraud or error.
basis for unqualified opinion.
Rebuild, Revive, Restore. 91
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Independent auditor’s report (Continued)
In preparing the financial statements, the directors are responsible for assessing the Authority’s • Conclude on the appropriateness of the directors use of the going concern basis of
ability to continue as a going concern, disclosing, as applicable, matters related to going concern accounting and based on the audit evidence obtained, whether a material uncertainty
and using the going concern basis of accounting unless the directors either intend to liquidate exists related to events or conditions that may cast significant doubt on the company’s
the Authority’s or to cease operations or have no realistic alternative but to do so. 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
Auditor’s responsibilities for the audit of the financial statements conclusions are based on the audit evidence obtained up to the date of our auditor’s
Our objectives are to obtain reasonable assurance about whether the financial statements as report. However, future events or conditions may cause the company to cease to
a whole are free from material misstatement, whether due to fraud or error, and to issue an continue as a going concern.
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 • Evaluate the overall presentation, structure and content of the financial statements,
misstatement when it exists. Misstatements can arise from fraud or error and are considered including the disclosures, and whether the financial statements represent the underlying
material if, individually or in aggregate, they could reasonably be expected to influence the transactions and events in a manner that achieves fair presentation.
economic decisions of users taken on the basis of these financial statements.
We communicate with the directors regarding, among other matters, the planned scope and
As part of an audit in accordance with ISAs, we exercise professional judgement and maintain timing of the audit and significant audit findings, including any significant deficiencies in internal
professional scepticism throughout the audit. We also: control that we identify during the audit.
• 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
PricewaterhouseCoopers
one resulting from error, as fraud may involve collusion, forgery, intentional, omissions,
Registered Accountants and Auditors
misrepresentations, or the override of internal control.
Chartered Accountants (Namibia)
• 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 Per: Samuel N Ndahangwapo
expressing an opinion on the effectiveness of the Authority’s internal control. Partner
• Evaluate the appropriateness of accounting policies used and the reasonableness of Windhoek
accounting estimates and related disclosures made by the directors. Date: 16 December 2022
92 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Director’s Report
The directors have pleasure in submitting their report on the annual financial statements of
3. DIRECTORATE
Business and Intellectual Property Authority for the year ended 31 March 2022.
The directors in office at the date of this report are as follows:
1. NATURE OF BUSINESS Directors Nationality Status
Business and Intellectual Property Authority was incorporated in Namibia with interests in Riundja Kaakunga Namibian End of term
running the legal system for business and intellectual property registration, protection and Dr. Martha Uumati Namibian End of term
promotion thereof. The Authority operates in Namibia. Fritz Charles Jacobs Namibian End of term
Lovisa Indongo-Namandje Namibian End of term
2. REVIEW OF FINANCIAL RESULTS AND ACTIVITIES Ignatius Kelokilwe Namibian End of term
The annual financial statements have been prepared in accordance with the International Chaze Nalisa Namibian End of term
Financial Reporting Standards (“IFRS”). The accounting policies have been applied consistently Seno Namwandi Namibian End of term
compared to the prior year. Immanuel !Hanabeb Namibian Appointed 1 October 2021
Sara Katiti Namibian Appointed 1 October 2021
Full details of the financial position, results of operations and cash flows of the company are set Justin Strauss Namibian Appointed 1 October 2021
out in these annual financial statements. 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
4. BOARD AND SUB-COMMITTEE MEETINGS
Board of Directors Board and Special Board Finance, Risk and Audit Human Resources and Governance, Legal and Strategy, Projects &
Meeting Committee (FRAC) Remuneration Committee Ethics Committee (GLEC) Procurement Committee
(HRRC) (SPPC)
Riundja Ali Kaakunga 3 3 3 3
Dr. Martha Uumati 1
Fritz Charles Jacobs 2 3
Lovisa Indongo Namandje 3 1 2 3
Ignatius Kelokilwe Thudinyane 2 2
Chaze Nalisa 2 3
Seno Namwandi 3 2 3 3
Immanuel !Hanabeb 4 1 1
Sara Katiti 3 3 1 1
Rebuild, Revive, Restore. 93
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Director’s Report (Continued)
4. BOARD AND SUB-COMMITTEE MEETINGS (Continued)
Board of Directors Board and Special Board Finance, Risk and Audit Human Resources and Governance, Legal and Strategy, Projects &
Meeting Committee (FRAC) Remuneration Committee Ethics Committee (GLEC) Procurement Committee
(HRRC) (SPPC)
Justin Strauss 4 3 1 3
Ashley Tjipitua 4 3 3
Nancy Watyoka 4 3 3 3
Hilka Alberto 4 3 3 3
Julius Haikali 4 3 3 3
5. EVENTS AFTER THE REPORTING PERIOD 7. AUDITORS
The directors are aware of material events which occurred after the reporting date and up to PricewaterhouseCoopers continued in office as the auditor for the Authority for the period
the date of this report as follows: ended 31 March 2022.
5.1. COVID-19 Pandemic 8. SECRETARY
The Secretary of the Authority is the Chief Legal and Secretarial Services. For the period ended
The impact of COVID-19 has been an evolving situation since the late 2019. Given the information
31 March 2022, the position of Chief Legal and Secretarial Services is still vacant.
available at 31 March 2022, COVID-19 would be unlikely to have had a material effect on the
measurement of assets and liabilities.
Business address 3 Ruhr Street Northern Industrial Area
Management allocated a budget amounting to N$152,000.00 to cover for all COVID-19 expenses
Windhoek
and related costs.
Namibia
The Authority’s total expenditure on COVID-19 expenses during the financial year amounted to
N$154,185.00, (2021: N$592,164.00).
9. DIRECTORS’ INTEREST AND CONTRACTS
During the financial year, no contracts were entered into with the directors or officers of the
6. GOING CONCERN
Authority, the directors or officers do not hold any interest in the Authority.
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 10. KATUTURA OFFICE BUILDING
to liquidate the Authority or to cease operations or have no realistic alternative but to do Katutura Office Building situated on Erf 2780, Shire Street Wanaheda has not been included
so. The going concern presumes that funds will be available to finance future operations in the financial statements. The matter is with the line Ministry’s lawyers seeking to recover
and that the realization of assets and settlement of liabilities, contingent obligations, the funds of N$18,000,000 for the purchase of this Office Building, whereas the BIPA board is
and commitments will occur in the ordinary course of business. seeking to recover the N$2,160,000 paid for transfer duties.
94 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Statement of Financial Position as at 31 March 2022
2022 2021 Deferred income 12 2,551,246 3,015,109
Note(s) N$ N$ Lease liabilities 21 4,896,512 -
ASSETS Current liabilities 17,480,879 18,643,243
Trade and other payables 10 14,698,729 17,022,355
Non-current assets Deferred income 12 231,931 -
Property, plant and equipment 4 34,328,461 34,387,276 Lease liabilities 21 2,550,219 1,620,888
Right-of-use assets 21 7,233,450 2,426,920
Intangible assets 5 4,858,699 5,409,071 Total Liabilities 24,928,637 21,658,351
Total non-current assets 46,420,610 42,223,267 Total equity and liabilities 105,289,932 96,364,614
Current assets
Trade and other receivables 6 4,969,142 5,415,986
Prepayments 7 191,667 -
Other financial assets 8 31,678,807 30,418,200
Cash and cash equivalents 9 22,029,706 18,307,161
Total current assets 58,869,322 54,141,347
Total assets 105,289,932 96,364,614
EQUITY AND LIABILITIES
Equity 80,361,295 74,706,264
Contribution 11 34,491,766 34,491,766
Accumulated Fund 45,869,529 40,214,498
Non- Current liabilities 7,447,758 3,015,109
Rebuild, Revive, Restore. 95
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Statement of Surplus or Deficit and Other Comprehensive Income Statement of Changes in Equity
for the year ended 31 March 2022 for the year ended 31 March 2022
2022 2021 Contribution Accumulated Total equity
Note(s) N$ N$ Fund
N$ N$ N$
Revenue 13 84,356,809 74,227,376 Balance at 01 April 2020 34,491,766 15,280,001 49,771,767
Other income 14 7,802,937 25,761,815 Opening balance adjustments - (38,476) (38,476)
34,491,766 15,241,525 49,733,291
Operating expenses (87,729,223) (75,268,149)
Surplus for the year - 24,972,972 24,972,972
Expected credit losses 6 (4,779) (12,663)
Other comprehensive income - - -
Loss on exchange differences (338,091) (835,382)
Total comprehensive income for the year - 24,972,972 24,972,972
Operating surplus 15 4,087,653 23,872,998
Interest received 18 1,765,597 1,386,536 Balance at 31 March 2021 34,491,766 40,214,497 74,706,263
Finance charges for lease liabilities 18 (293,234) (286,561)
Opening balance adjustments - 95,016 95,016
Surplus for the year 5,560,016 24,972,972 34,491,766 40,309,513 74,801,279
Surplus for the year - 5,560,016 5,560,016
Total comprehensive income 5,560,016 24,972,972
Other comprehensive income - - -
Other comprehensive income - -
Total comprehensive income for the year - 5,560,016 5,560,016
Total comprehensive income for the period 5,560,016 24,972,972
Balance at 31 March 2022 34,491,766 45,869,529 80,361,295
96 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Statement of Cash Flows for the year ended 31 March 2022
2022 2021 Cash flows from financing activities
Note(s) N$ N$
Principal elements of lease payments 21 (2,869,919) (2,657,331)
Cash flows from operating activities
(2,869,919) (2,657,331)
Cash used in operations 20 8,304,487 23,121,869
Net increase/(decrease) in cash and cash
3,722,545 13,748,613
Interest received 18 504,990 94,298 equivalents
Interest paid - - Cash and cash equivalents at the beginning of the
18,307,161 4,558,548
year
Net cash from operating activities 8,809,477 23,216,167
Cash and cash equivalents at end of year 9 22,029,706 18,307,161
Cash flows from investing activities
Purchase of property, plant and equipment 4 (1,253,805) (2,415,073)
Purchase of intangible assets 5 (963,208) (2,493,898)
Proceed on sale of property, plant and equipment - 307,121
Purchase of other financial assets 8 - (11,500,000)
Withdrawals from other financial assets 8 - 9,291,627
(2,217,013) (6,810,223)
Rebuild, Revive, Restore. 97
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements
1. Significant Accounting Policies 1.2.1.1.2. Deferred income
The principal accounting policies applied in the preparation of these financial statements are Donations received in the form fixed assets other than buildings are recognised as deferred
set out below: income and written-off over the useful lives of the asset. Non-depreciable assets such as land
are recognised at point of donation.
1.1 Presentation of Annual Financial Statements
1.2.1.1.3. Useful lives of assets
The annual financial statements have been prepared in accordance with the International The assets are classified under property, plant and equipment and the useful lives are
Financial Reporting Standards (“IFRS”) and the International Financial Reporting Interpretation determined as set out in note 1.3. The useful lives of the property, plant and equipment is in
Committee (“IFRIC”) Interpretations issued and effective at the time of preparing these financial line with the industry norm.
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 Impairment of work-in-progress. Development costs capitalized.
Dollars.
1.2.1.1.4. Trade receivables
1.2. Significant judgements and sources of estimation uncertainty
The Authority assesses its trade receivables for impairment at the end of each reporting period.
The preparation of financial statements in conformity with IFRS requires management, from
In determining whether an impairment loss should be recorded in the surplus or deficit, the
time to time to make judgements, estimates and assumption that affect the application of
Authority makes judgement as to whether there is observable data indicating a measurable
policies and reported amounts of assets, liabilities, income and expenses. These estimates and
decrease in the estimated future cash flows from the financial asset.
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 impairment (or loss allowance) for trade receivables is calculated on a portfolio basis, except
The estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to
for individually significant trade receivables, which are assessed separately. The impairment test
accounting estimates are recognised in the period in which the estimates are revised and in any
on the portfolio is based on historical loss ratios, adjusted for national and industry-specific
future periods affected.
economic conditions and other indicators present at the reporting period that correlate with
1.2.1. Critical judgements in applying accounting policies defaults on the portfolio. These annual loss ratios are applied to loan balances in the portfolio
1.2.1.1. Key sources of estimation uncertainty and scaled to the estimated loss emergence period.
Management did make critical judgements in the application of accounting policies, apart from
1.2.1.1.5. Impairment of non-financial assets
those involving estimation, which would significantly affect the financial statements and are
The Authority reviews and tests the carrying value of assets when events or changes in
outlined as follows:
circumstances suggests that the carrying amount may not be recoverable. When such indicators
1.2.1.1.1. Revenue exists, management determine the recoverable amount by performing value in use and fair
Revenue from annual duties, penalties and fines are non-exchange transactions and accounted value calculations. These calculations require the use of estimates and assumptions. When
for using the policy developed by the Authority. All non-exchange transactions are recognised it is not possible to determine the recoverable amount for an individual asset, management
in surplus or deficit to the extent they are assets and it is probable that the future economic assesses the recoverable amount for the cash generating unit to which the asset belongs.
benefits or service potential associated with the asset will flow to the entity, and the fair value
of the asset can be measured reliably.
98 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
1.2. Significant judgements and sources of estimation uncertainty (continued) 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
1.2.1.1.6. Residual values and useful lives of property, plant and equipment components and each such component is depreciated separately over its useful life.
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 Land is not depreciated.
estimates, the change is accounted as a change in accounting estimate.
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.
1.2.1.1.7. Leases
The Authority exercises judgement in classifying leases in line with IFRS 16 (as set out in the The depreciation charge for each period is recognised in surplus or deficit unless it is included
note 1.7.) in the carrying amount of another asset.
1.2.1.1.8. Provisions The gain or loss arising from the derecognition of an item of property, plant and equipment
Provisions are inherently based on assumptions and estimates using the best information is included in profit or loss when the item is derecognised. The gain or loss arising from the
available. Additional disclosure of these estimates of provisions are included in note 1.11. 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.
1.3. Property, plant and equipment
Capital work in progress is measured at cost less accumulated impairment.
Property, plant and equipment is stated at historical cost less accumulated depreciation.
Historical cost includes expenditure that is directly attributable to the acquisition of the 1.4. Intangible assets
items. Cost include costs incurred initially to acquire or construct an item of property, plantAn intangible asset is recognised when:
and equipment and costs incurred subsequently to add to, replace part of, or service it. If a • it is probable that the expected future economic benefits that are attributable to the asset
replacement cost is recognised in the carrying amount of an item of property, plant and will flow to the entity; and
equipment, the carrying amount of the replaced part is derecognised. • the cost of the asset can be measured reliably
Depreciation is provided using the straight-line method to write down the cost, less estimated Intangible assets are initially recognised at cost.
residual value over the useful life of the property, plant and equipment as follows: Intangible assets are carried at cost less any accumulated amortisation and any impairment
losses.
Item Depreciation Method Average useful life
Land Not depreciated Not depreciated An intangible asset is regarded as having an indefinite useful life when, based on all relevant
Buildings Straight-line basis 50 years factors, there is no foreseeable limit to the period over which the asset is expected to generate
Furniture and fixtures Straight-line basis 5-10 years net cash inflows. Amortisation is not provided for the intangible assets, but they are tested for
Motor Vehicles Straight-line basis 2-5 years impairment annually, and whenever there is an indication that the asset may be impaired. For
Office equipment Straight-line basis 3 years all other intangible assets, amortisation is provided on a straight-line basis over their useful
IT equipment Straight-line basis 3 years life.
Leasehold improvements Straight-line basis 8-10 years
Other Fixed Assets Straight-line basis 2-10 years The amortisation period and the amortisation method for intangible assets are reviewed every
Server Straight-line basis 15 years period-end.
Right-of-use assets Straight-line basis 3 years
Capital work in progress Not depreciated Not depreciated
Rebuild, Revive, Restore. 99
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
1.4. Intangible assets (Continued) are all classified as current assets. Trade receivables are recognised initially at the amount of
Reassessing the useful life of an intangible asset with finite useful life after it was classified as consideration that is unconditional unless they contain significant financing components, when
indefinite is an indicator that the asset may be impaired. As a result the asset may be tested for they are recognised at fair value. The Authority holds the trade receivables with the objective
impairment and the remaining carrying amount is amortised over its useful life. to collect the contractual cash flows and therefore measures them subsequently at amortised
cost using the effective interest method.
Amortisation is provided to write down the intangible assets, on a straight-line basis, to their
residual value as follows:
1.5.4. Impairment of financial assets
Item Amortisation Method Useful life At each reporting date, the Authority assesses all financial assets, other than those at fair value
Computer software Straight-line 5 Years 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. Financial Instruments
A financial instrument is any contract that gives rise to both a financial asset of one entity 1.5.5. Trade and other payables - Classification, Recognition and measurement
and a financial liability or equity instrument of another entity. Trade and other payables are classified as current liabilities and subsequently measured at
amortised cost. Trade and other payables are recognised when the Authority becomes a party to
1.5.1. Classification and measurement as cash and cash equivalents a contractual provisions, and are measured at initial recognition, at fair value plus transactional
costs, if any, and are subsequently measured at amortised cost.
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 Trade and other payables expose the Authority to liquidity risk and possible to interest risk.
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 1.5.6. Derecognition of financial assets and liabilities
current liabilities in the balance sheet. The cash and cash equivalents are therefore subsequently Financial assets are derecognised when the rights to receive cash flows from the financial assets
measured at amortised cost. Gains and losses are set out in note 1.5.7 have expired or have been transferred and the Authority has transferred substantially all the
risks and rewards of ownership.
1.5.2. Classification and measurement as other financial assets The Authority shall derecognise a financial liability (or a part of a financial liability) from its
Other financial assets consist of short-term investments invested in unit trusts. These short- statement of financial position when, and only when, it is extinguished. This happens when the
term investments can be called at any given time. Financial instruments are initially measured obligation specified in the contract is discharged or cancelled or expires.
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 1.5.7. Determination of gains or losses
Gains or losses are determined as the difference between the expected cash flows at the
or fair value through other comprehensive income, plus or minus transaction costs, that are
beginning of the period and the actual cash flows at the end of the period.
directly attributable to the acquisition or issue of the financial asset or a financial liability. Gains
or losses are set out in note 1.5.7. 1.6. Prepayments
Prepayments relate to the Client Notification System. The system notify the Authority’s
1.5.3. Classification, recognition and measurement as trade and other receivables clients when service is delivered. The Authority subcribes on an annual basis to the system.
Trade receivables are amounts due from customers for goods sold or services performed in the Prepayments are measured at amortised cost and are derecognised when the services to which
ordinary course of business. They are generally due for settlement within 30 days and therefore the prepayment relate have been received.
100 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
1.7. Leases - IFRS 16 The lease payments are discounted using the Authority’s incremental borrowing rate or the
Leases are recognized, measured and presented in line with IFRS 16 ‘Leases’. implicit rate in the lease contract.
The lease term determined by the Authority comprises:
The Authority recognises a right-of-use asset and lease liability at the commencement of the
contract for all leases conveying the right to control the use of an identified assets for a period • non-cancellable period of lease contracts;
in time. The commencement date is the date on which the lessor makes an underlying asset • periods covered by an option to extend the lease, if the leasee is reasonably certain to
available for use by a lessee. exercise that option;
• periods covered by an option to terminate the lease, if the leasee is reasonably certain to
The right-of-use assets are initially measured at cost, which comprise: exercise that option.
• the amount of the initial measurement of the lease liability
After the commencement the Authority measures the lease liability:
• any lease payments made at or before commencement date, less any lease incentives
• any initial direct costs incurred by the lessee
• increasing the carrying amount to reflect the interest on the lease liability
• an estimate of costs to be incurred by the lessee in dismantling and removing the underlying
• reducing the carrying amount to reflect lease payments made, and
assets or restoring the site on which the assets are located.
• remeasuring the carrying amount to reflect any reassessment or lease modifications.
After the commencement date the right-of-use assets are measured at cost less any
accumulated depreciation and any impairment losses and adjusted for re-measurement of the 1.8. Taxation
lease liability. The Authority is exempt from Income Tax in terms of section 16(1)(e)(i) of the Income Tax Act
No. 24 of 1981.
If the lessor transfers ownership of the underlying asset to the Authority by the end of the lease
term or if the lease agreement of the right-of-use asset reflects that the Authority will exercise 1.9. Impairment of assets
a purchase option, the Authority depreciates the right-of-use asset using straight-line method The Authority assesses at each end of reporting period whether there is any indication that
from the transfer date or exercise option date to the end of the useful life of the underlying an asset may be impaired. If any such indication exist, the Authority estimates the recoverable
asset. amount of the asset.
The lease liability is initially measured at the present value of the lease payments that are not Irrespective of whether there is any indication of impairment, the Authority also:
paid at that date. These include:
• fixed payments, less any lease incentives receivable; • Tests intangible assets with an indefinite useful life or intangible assets not yet available
• variable lease payments that depend on an index or rate, initially measured using the index for use for impairment annually by comparing its carrying amount with its recoverable
or rate as at the commencement date; amount. This impairment test is performed during the annual period and the same time
• amounts expected to be payable by the leasee under residual value guarantees; every period.
• the exercise price of a purchase option if the leasee is reasonably certain to exercise that
option; and If the recoverable amount of an asset is less than its carrying amount, the carrying amount of
• payments of penalties for terminating the lease, if the lease term reflects the leasee the asset is reduced to its recoverable amount. The reduction is an impairment loss.
exercising an option to terminate the lease term.
An impairment loss of assets carried at cost less any accumulated depreciation or amortisation
The lease payments exclude variable elements which are dependent on external factors. is recognised immediately in surplus or deficit. Any impairment loss of a revalued asset is
Variable lease payments not included in the initial measurement of the lease liability are treated as a revaluation decrease.
recognised directly in surplus or deficit.
Rebuild, Revive, Restore. 101
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
1.9. Impairment of assets (Continued) 1.11.1. Provision for salary bonus
The Authority assesses at each reporting date whether there is any indication that an Management provide for bonus compensation beyond annual remuneration to employees as
impairment loss recognised in prior periods for assets other than goodwill may no longer exist an incentive or reward for achieving certain predetermined individual targets of the Authority.
or may have decreased. If any such indication exists, the recoverable amounts of those assets
are estimated. 1.11.2. Provision for leave pay
Management provide for leave days payout, which are compensated absences or accumulating
The increased carrying amount of an asset other than goodwill to a reversal of an impairment absences that are carried forward to the next period. Compensated absences that are earned
loss does not exceed the carrying amount that would have been determined had no impairment in the current period and can be used in the following financial period are accounted for as
loss been recognised for the asset in prior periods. a liability in the period in which they are earned. However, compensated absences such as
maternity, paternity, sick leave and court leave would not be included as part of the Authority’s
A reversal of an impairment loss of assets carried at cost less accumulated depreciation or provision for leave.
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. 1.12. Government grants
Grants from the government are recognised at fair value where there is a reasonable assurance
1.10. Employee benefits that the grant will be received and the Authority will comply with all attached conditions.
1.10.1. Short-term employee benefits
The cost of short-term employee benefits (those payable within 12 months after the service is 1.12.1. Deferral and presentation of government grants
rendered, such as leave pay and sick leave, bonuses and non-monetary benefits such as medical Government grants relating to costs are deferred and recognised in surplus or deficit over the
care), are recognised in the period in which the service is rendered and are not discounted. period necessary to match them with the costs that they are intended to compensate.
The expected cost of compensated absences is recognised as an expense as the employees Government grants relating to the purchase of property, plant and equipment are included
render services that increase their entitlement or, in the case of non-accumulating absences, in non-current liabilities as deferred income and they are credited to surplus or deficit on a
when the absence occurs. straight-line basis over the expected lives of the related assets.
The expected cost of bonus payments is recognised as an expense when there is a legal or A Government grant may take the form of a transfer of a non-monetary asset, such as land or
constructive obligation to make such payments as a result of past performance. other resources, for the use of the Authority. The land received is recognised as property, plant
and equipment and measured at fair value, and the equivalent is recognised as income in the
1.11. Provisions and contingencies year it was received, as land is not depreciated.
Provisions are recognised when:
• The Authority has a present obligation as a result of a past event 1.13. Revenue
• It is probable that an outflow of resources embodying economic benefits will be required Revenue is recognised to the extent that the Authority has rendered services provided the
to settle the obligation; and amount of revenue can be measured reliably and it is probable that economic benefits
• A reliable estimate can be made of the obligation 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.
The amount of a provision is the present value of the expenditure expected to be required to
settle the obligation.
102 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
1.13. Revenue (Continued) 1.14. Borrowing costs
1.13.1. Revenue from contracts with customers Borrowing costs that are directly attributable to the acquisition, construction or production
Revenue from registrations, applications and amendments of a qualifying asset are capitalised as part of the cost of that asset until such time as the
Revenue from registrations and applications comprise of business and intellectual property asset is ready for its intended use. The amount of borrowing costs eligible for capitalisation is
registration fees charged upon registration. The business and intellectual property fees determined as follows:
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 • Actual borrowing costs on funds specifically borrowed for the purpose of obtaining a
the registration and application of businesses and intellectual property. Transfer of services is qualifying asset less any temporary investment of those borrowings.
performed at a point in time. • 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
Registrations of Trademarks, Patents and Industrial Designs do not exceed the total borrowing costs incurred.
Revenue transactions that arise as a result of trademark and designs annual fee per class and The capitalisation of borrowing costs commences when:
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 • Expenditures for the asset have occurred;
to the Registrar of Patents, Trademarks and Designs. These fees are raised in terms of the • Borrowing costs have been incurred, and
Regulations of the Industrial Property Act. • Activities that are necessary to prepare the asset for its intended use or sale are in
progress.
1.13.2. Revenue from non-exchange transactions
The following are revenues from non-exchange transactions: Capitalisation is suspended during extended periods in which active development is
interrupted.
• Annual duties
• Fines, penalties Capitalisation ceases when substantially all the activities necessary to prepare the qualifying
• Transfers - including grants, fines. Gifts, donations and service-in-kind asset for its intended use or sale are complete.
• Anniversary fines
All other borrowing costs are recognised as an expense in the period in which they are
Revenue from non-exchange shall be measured at the amount of the increase in net assets incurred.
recognised by the entity. The measurement shall be based initially at fair value as at the date of
acquisition. When the Authority recognises an asset, it shall also recognise revenue, except to 1.15. Foreign Currency Translation
the extent that a liability is also recognised in respect of the same inflow. The asset is recognised Foreign currency transactions are translated into functional currency using the exchange
when it is probable that future economic benefit or service potential associated with the asset rates at the dates of the transactions. Foreign exchange gains and losses resulting from the
will flow to the entity and that the fair value of the asset can be measured reliably. 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
1.13.3. Investment income surplus or deficit. They are deferred in equity if they relate to qualifying cash flow hedges and
Investment income comprise of interest income received. qualifying net investment hedges or are attributable to part of the net investment in a foreign
operation.
Interest income is accrued with reference to the principal amount outstanding, using the
effective interest method.
Rebuild, Revive, Restore. 103
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
1.15. Foreign Currency Translation (Continued) The amount of foreign exchange differences recognised in profit or loss except for those arising
on financial instruments measured on fair value through profit or loss in accordance with IFRS
Foreign exchange gains and losses that relate to borrowings are presented in the statement of 9.
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). 1.16. Contribution
On 27 August 2017, the BIPA established under section 21 Registration number 21/2011/0482
Non-monetary items that are measured at fair value in a foreign currency are translated using ceased to exist and was subsequently replaced by BIPA established under the BIPA Act, 2016
the exchange rates at the date when the fair value was determined. Translation differences on (Act No. 8 of 2016), promulgated on 16 January 2017. All assets and liabilities belonging to the
assets and liabilities carried at fair value are reported as part of the fair value gain or loss. For BIPA section 21 was transferred to the BIPA established by the Act.
example, translation 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 The Net capital contribution to the BIPA established by the Act recognised in the books
gain or loss, and translation differences on non-monetary assets such as equities classified as amounted to N$34,491,766, which is capital injected by the Government of Namibia, therefore
at fair value through other comprehensive income are recognised in other comprehensive this amount is recognised as contribution.
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:
Effective date: years
Standard / Interpretations Expected Impact
beginning on or after
There was no lease benefit/concession during the period
IFRS 16, ‘Leases’ COVID-19 - Related Rent Concessions Amendment 1-Jun-20 under review, therefore the impact of the standard is
not material
Interest Rate Bencmark Reform (Amendments to IFRS 9, IAS 39, IFRS 7 and IFRS 16 1-Jan-21 The impact of the standard is not material
There was no lease benefit/concession during the period
IFRS 16, ‘Leases’ COVID-19 - Related Rent Concessions Amendment 1-Apr-21 under review, therefore the impact of the standard is
not material
Annual Improvements to IFRS (IFRS 9 - Amendment clarfying which fees an entity includes when applying 10%
1-Jan-22 The impact of the standard is not material
test in paragraph B3.3 of IFRS 9)
Amendments to IAS 37 - Onerous Contracts (Cost of Fulfilling a Contract) 1-Jan-22 The impact of the standard is not material
104 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2. NEW STANDARDS AND INTERPRETATIONS (Continued)
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 2021 or later periods.
Effective date: years
Standard / Interpretations Nature and Expected Impact.
beginning on or after
The amendment clarifies that liabilities are either
Amendments to IAS 1, ‘Presentation of Financial Statements’ on Classification of Liabilities as Current or classified as current or non-current, depending on the
1-Jan-23
Non-Current rightd that exist at the end of the reporting period. Not
likely that there will be a material impact
The amendment aim to improve accounting policy
disclosures and to help users of the financial statements
Narrow scope amendments to IAS 1 ‘Presentation of Financial Statements’, Practice statement 2 and IAS 8
1-Jan-23 to distinguish changes in accounting policies from
‘Accounting Policies, Changes in Accounting Estimates and Errors’
changes in accounting estimates. Not likely that there
will be a material impact.
3. RISK MANAGEMENT BIPA capitalizes surpluses and this has seen an increase in assets. The Authority has no major
borrowing covenants. There are no capital requirements set out at the establshment of the
3.1. Capital risk management Authority.
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 the Government of Namibia. The Authority maintains The following table summaries the capital contribution, reserves and accumulated funds and
its capital by not providing dividends. are outlined as follows:
Capital structure 2022 2021
Contribution (Note 11) 34,491,766 34,491,766
Accumulated funds 45,869,529 40,214,498
Total 80,361,295 74,706,264
Rebuild, Revive, Restore. 105
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
3. RISK MANAGEMENT (Continued)
3.2. Financial risk management The table below summarises the maturity profile of the entity’s financial liabilities at 31
3.2.1. Overview March 2022 based on contractual undiscounted payments:
The Authority is exposed to the following financial risk from its use of financial instruments:
• Liquidity risk At 31 March 2022 Less than 1 Year More than 1 Year
• Credit risk Trade and other payables (Note 10) 14,698,729 -
• Market risk (Interest rate and foreign exchange risk)
Provisions (Note 11) - -
Lease liabilities (Note 22) 2,550,219 -
3.2.2. Liquidity risk Total current liabilities 17,248,948 -
The Authority is exposed to liquidity risk, which is risk of failure to meet obligations as they fall
through. The risk is managed through prudent cash management. The Authority’s liabilities
incurred and expected are aligned to the current cash available and expected cash inflows. At 31 March 2021 Less than 1 Year More than 1 Year
Total current liabilities 17,022,355 -
At the end of the reporting period the Authority held other financial assets of N$31,678,807
(2021: N$30,418,200) and cash and cash equivalents amounting to N$22,029,706 (2021:
N$18,307,161) that are expected to readily generate cash inflows for managing liquidity risk. 3.2.3. Credit risk
The Authority’s cash and cash equivalents and other financial assets compared to current Credit risk is the risk of financial loss to the Authority if a customer or counter-party to a financial
liabilities results in a ratio of 3.12:1. In addition to cash and cash equivalents and other financial instrument fails to meet contractual obligation and arises from other financial assets and trade
assets, the Authority have funds held in trust with ARIPO and WIPO which forms part of trade receivables.
and other receivables, amounting to N$4,484,068 (2021: N$4,718,549), which can be called in
at any given time. The Authority’s credit risk consists mainly of other financial assets and trade receivables. The
Authority only deposits cash with major banks with high quality credit standing and limits
The Authority manages its cash flows through detailed annual and revised quarterly cash flow exposure to any one counter-party. The Authority trade receivables are from WIPO and ARIPO,
projections to ensure the Authority is afloat. and are recognised each time the share of the Authority is calculated. The Authority manages
the risk by calling the funds immediately when the amounts are known.
106 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
3. RISK MANAGEMENT (Continued)
Credit loss allowances for expected credit losses are recognised for all trade and other 3.2.4.1. Interest rate risk
receivables, but excluding staff advances and those measured at fair value through profit or loss. The Authority is exposed to various risks associated with the effect of fluctuations in the prevailing
The Authority’s management determine whether the credit loss allowance should be calculated levels of market rates of interest on its cash resources and investments. The cash resources are
on a 12 month basis or on a lifetime expected credit loss basis. The determination depends managed to ensure that surplus funds are invested in a manner to achieve maximum returns
on whether there has been a significant increase in the credit risk since initial recognition. while minimising risks. The Authority places its funds in fluctuating interest earning call deposits
Management assesses if there has been a significant increase in credit risk, then the loss which are adjusted on a short term basis based on changes in the prevailing market related
allowance is calculated based on lifetime expected credit losses, and if not the loss allowance is rates.
based on 12 month expected credit losses.
The Authority manages interest rate risk on short-term investments through investment
Financial assets exposed to credit risk at year end were as follows: 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
Financial Instrument 2022 2021 rate achieved by the Authority is highly favored, than keeping the funds idle.
Trade and other receivables (excluding deposits) (Note 6) 4,769,517 5,127,893 Financial assets exposed to interest rate risk at 31 March 2022 were as follows:
Less: Loss allowance (Note 6) (4,779) (12,663)
Financial assets 2022 2021
Net trade and other receivables 4,764,738 5,115,230 Cash and cash equivalents 22,029,706 18,307,161
Other financial assets 31,678,807 30,418,200
Cash and cash equivalents 22,029,706 18,307,161
Sensitivity analysis
The Authority’s exposure to credit risk is influenced mainly by individual characteristics of each Profit or loss is sensitive to higher/lower interest income
customer. However management limits its exposure to credit risk from receivables with ARIPO from cash and cash equivalents as a result of changes in
and WIPO by frequently calling for funds to Namibia. The Authority monitors its rental deposits interest rates.
with landlords and requests refunds upon termination. Impact on post surplus
Interest rates - increase 0 basis 2022 2021
- -
3.2.4. Market risk
Market risk is a risk that changes in the market prices - such as interest rate risk and foreign During the financial year under review, there were no movements in the repo rate which affects
exchange risk, which will affect the Authority’s income or the value of its holding of financial the interest rate to fluctuate.
instruments. The objective of market risk management is to manage and control market risk
exposures within acceptable parameters while optimising the return.
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 do so.
Rebuild, Revive, Restore. 107
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
3. RISK MANAGEMENT (Continued)
3.2.4.2. Foreign exchange risk
Foreign exchange risk refers to the losses that an international financial transaction may incur due to currency fluctuations. The Authority is exposed to foreign exchange risk, as the entity has financial
assets held in foreign currency which are translated into local currency in the financial statements. 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.
The Authority does not hedge itself against unfavourable exchange rates, as such it uses floating exchange rates. Financial assets exposed to foreign exchange risk at year end were as follows:
At 31 March 2022
Financial Instrument Foreign Currency Amount in Foreign Currency Amount in Local Currency (N$)
Trade and other receivables:
• Accrued income - African Regional Intellectual Property Organisation (ARIPO) US Dollar 125,336 1,815,465
• Accrued income - World Intellectual Property Organisation (WIPO) Swiss Franc 170,577 2,668,603
At 31 March 2021
Financial Instrument Foreign Currency Amount in Foreign Currency Amount in Local Currency (N$)
Trade and other receivables:
• Accrued income - African Regional Intellectual Property
US Dollar 133,945 1,997,132
Organisation (ARIPO)
• Accrued income - World Intellectual Property Organisation (WIPO) Swiss Franc 173,042 2,721,417
Sensitivity analysis
Surplus or deficit is sensitive to the gains or losses on exchange differences on receipts from international transactions as a result of changes in foreign exchange rates.
Impact on post surplus
2022 2021
Loss on exchange differences (338,091) (835,382)
BIPA maintains floating exchange rates.
108 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
3. RISK MANAGEMENT (Continued)
3.2.4.3. Going concern risk 3.2.5. Fair value hierarchy
Going concern risk is risk whereby an entity does have sufficent resources to continue operating. Judgments and estimates made in determining the fair values of the financial instruments that
The Authority is exposed to the going concern through failure to raise sufficient cash resources are recognised at fair value in the financial statements are provided below as follows:
and failure to manage expenses. The Authority manages this risk through review of future cash
flow projections and ensure that reserves are sufficient to meet commitments.
Recurring fair value measurements as at 31 March 2022 Level 1 Level 2 Level 3 Total
Financial assets
Financial assets at fair value through profit or loss:
• Trade and other receivables (excluding deposits) - - - -
• Other financial assets - 31,678,807 - 31,678,807
• Cash and cash equivalents - - - -
Total financial assets - 31,678,807 - 31,678,807
Financial liabilities
• Trade and other payables - - 14,698,729 14,698,729
Total financial liabilities - - 14,698,729 14,698,729
The financial assets and liabilities above are considered to be at level 2 hierarchy, due to the fact that there is moderate market activity for these assets and liabilities at measurement date.
Recurring fair value measurements as at 31 March 2021 Level 1 Level 2 Level 3 Total
Financial assets
Financial assets at fair value through profit or loss:
• Trade and other receivables (excluding deposits) - - - -
• Other financial assets - 30,418,200 - 30,418,200
• Cash and cash equivalents - - - -
Total financial assets - 30,418,200 - 30,418,200
Financial liabilities
• Trade and other payables - - 17,022,355 17,022,355
Total financial liabilities - - 17,022,355 17,022,355
Rebuild, Revive, Restore. 109
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2022 2021
N$ N$
4. PROPERTY, PLANT AND EQUIPMENT
2022 2021
Cost Accumulated Carrying Cost Accumulated Carrying
Depreciation value Depreciation value
Land 10,775,000 - 10,775,000 10,775,000.00 - 10,775,000
Buildings 1,125,000 (39,375) 1,085,625 1,125,000.00 (16,875) 1,108,125
Furniture and fixtures 2,491,274 (940,162) 1,551,112 2,296,159 (687,923) 1,608,236
Motor vehicles 1,765,926 (1,547,109) 218,817 1,765,926 (1,524,796) 241,130
Office equipment 629,381 (255,964) 373,417 441,339 (104,668) 336,671
IT equipment 3,619,634 (2,305,837) 1,313,797 2,792,904 (1,872,598) 920,306
Other Fixed Assets 7,693,898 (1,525,734) 6,168,164 7,550,255 (994,977) 6,555,278
Capital work in progress 12,842,529 - 12,842,529 12,842,529 - 12,842,529
40,942,642 (6,614,181) 34,328,461 39,589,113 (5,201,837) 34,387,276
Reconciliation of property, plant and equipment - 2022
Opening Opening Additions Accumulated Depreciation Total
balance balance Dep
adjustment Adjustment
Land * 10,775,000 - - - - 10,775,000
Buildings * 1,108,125 - - - (22,500) 1,085,625
Furniture and fixtures 1,608,236 82,364 112,751 (35,971) (216,267) 1,551,112
Motor vehicles 241,130 - - - (22,313) 218,817
Office equipment 336,672 - 188,042 - (151,296) 373,418
IT equipment 920,306 17,362 809,369 (13,266) (419,973) 1,313,797
Other Fixed Assets 6,555,278 - 143,643 - (530,757) 6,168,164
Capital work in progress 12,842,529 - - - - 12,842,529
34,387,276 99,726 1,253,805 (49,237) (1,363,106) 34,328,462
*Land and Buildings consists of 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
110 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
4. PROPERTY, PLANT AND EQUIPMENT (Continued) 2022 2021
N$ N$
Reconciliation of property, plant and equipment - 2021
Opening Additions Disposals Accumulated Depreciation Total
balance 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
5. INTANGIBLE ASSETS
2022 2021
Accumulated Net Carrying Cost Accumulated Net Carrying
Cost amortisation amount amortisation amount
Computer Software - Extenally generated assets * 7,875,720 (3,017,021) 4,858,699 6,912,512 (1,503,440) 5,409,071
Computer Software - Internally generated assets - - - - - -
7,875,720 (3,017,021) 4,858,699 6,912,512 (1,503,440) 5,409,071
Reconciliation of intangible assets - 2022
Opening Additions Disposals Amortisation Total
balance
Computer Software - Extenally generated assets 5,409,072 963,208 - (1,513,581) 4,858,699
Computer Software - Internally generated assets - - - - -
5,409,072 963,208 - (1,513,581) 4,858,699
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
5.1. INTANGIBLE ASSETS (LIST)
5.1.1. Enterprise Resource Planning System under development cost to date of N$2,990,609.63
5.1.2. ICSF system for Business Registrations currently under development and partially functional amounting to N$3,849,791.22
Rebuild, Revive, Restore. 111
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2022 2021
N$ N$
6. TRADE AND OTHER RECEIVABLES
Financial Instruments:
Trade receivables 36,571 30,595
Non-Financial Instruments:
Deposits 204,404 300,756
Staff Advances 248,878 378,749
Accrued income - African Regional Intellectual Property Organisation 1,815,465 1,997,132
Accrued income - World Intellectual Property Organisation 2,668,603 2,721,417
Less: Loss allowance (see note 6.(iii)) (4,779) (12,663)
4,969,142 5,415,986
(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 1.5.3.
(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 exchange risk and interest rate risk can found in note 1.9, 3.2.3, 3.2.4.2, 3.2.4.1.
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.
112 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
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 allowance provision is determined as follows:
2022 2022 2021 2021
Estimated gross carrying Loss allowance (Lifetime Estimated gross carrying Loss allowance (Lifetime
amount at default expected credit loss) amount at default expected credit loss)
Not past due: 0.1% (2021: 0.25%) 4,688,472 4,688 5,049,900 12,625
Less than 30 days past due: 0.25% (2021:0.01%) 36,571 91 378,749 38
31 - 60 days past due: 1% (2021:1%) 248,878 - - -
61 - 90 days past due: 1% (2021:1%) - - - -
91 - 120 days past due: 1% (2021:1%) - - - -
4,973,921 4,779 5,428,649 12,663
7. PREPAYMENTS
Prepaid expenses 191,667 -
Prepaid expenses represents annual service level agreement on Client Notification System. The service level agreement is for a period of one year, invoiced on a monthly basis.
Rebuild, Revive, Restore. 113
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2022 2021
8. OTHER FINANCIAL ASSETS N$ N$
Fair value through profit or loss (FVTPL)
Unit trusts
• Opening balance 30,418,200 26,917,589
Movements for the year are as follows:
• Money invested - 11,500,000
• Money withdrawn - (9,291,627)
• Dividend received and reinvested 1,260,607 1,292,238
Total movement 1,260,607 3,500,611
Carrying value 31,678,807 30,418,200
Fair value 31,678,807 30,418,200
(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) 31,678,807 30,418,200
9. CASH AND CASH EQUIVALENTS
Current assets
Cash in hand 4 3,136
Cash at bank 1,283,409 1,412,797
Deposits at call 20,746,293 16,891,228
22,029,706 18,307,161
(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 22,029,706 18,307,161
Balances as statement of cash flows 22,029,706 18,307,161
114 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
9. CASH AND CASH EQUIVALENTS (Continued)
2022 2021
N$ N$
(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) 2,746,684 3,477,085
CREDIT RATING:
First National Bank Namibia (ba3 Moody’s credit rating) 931,226 2,386,022
CREDIT RATING:
Nedbank Namibia (zaA-1+ Moody’s credit rating) 18,351,791 12,440,918
10. TRADE AND OTHER PAYABLES
Financial instruments:
Trade creditors 2,104,170 5,138,684
Other Payables - Namibia Training Authority - 181,874
Association for Entrepreneurial Development 9,873 -
Sundry creditors 2,925 6,375
Provision for salary bonus* 5,000,000 5,698,202
7,581,761 5,997,220
14,698,729 17,022,355
- The nature of the provisions outlined above are described in the note 1.11. Cash outflows for salary bonus is expected subsequent to year-end whereas cash outflows for accrual for leave pay
is expected when the employee resigns.
11. CONTRIBUTION 34,491,766 34,491,766
RECONCILIATION
Opening balance 34,491,766 34,491,766
34,491,766 34,491,766
Rebuild, Revive, Restore. 115
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2022 2021
N$ N$
12. DEFERRED INCOME 3,015,108 3,247,039
(231,931) (231,931)
2,783,177 3,015,108
Deferred income represents IT server equipment received as a donation from GIZ to the value of N$3,478,970.00 on 31 March 2018. Income recognition is based on the depreciation charge
for the period until such asset is fully depreciated.
Deferred income is disclosed as follows:
Non-Current 2,551,246 -
Current 231,931 -
2,783,177 -
13. REVENUE FROM CONTRACTS WITH CUSTOMERS
13.1 Disaggregation of revenue from contract with customers
Timing of revenue Timing of revenue Revenue from external Revenue from external
recognition recognition customers customers
- Over time - At point in time - 2022 - 2021
Income from Registrations of Companies, Close Corporation and
- 4,119,769 4,119,769 4,865,802
Defensive names
Income from Amendments of Companies and Close Corporation - 1,008,098 1,008,098 502,728
Registration of Trademarks, Patents and Copyrights - 3,268,409 3,268,409 4,729,740
Other income - file request and copies - 320,504 320,504 110,988
Total - 8,716,780 8,716,780 10,209,258
13.2. Disaggregation of revenue from non-exchange transactions
Revenue from non- Revenue from non-
exchange transactions exchange transactions
- 2022 - 2021
Income from Annual Duties and Returns 75,640,029 64,018,118
Total 75,640,029 64,018,118
13.3. Total revenue
84,356,809 74,227,376
116 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2022 2021
N$ N$
14. OTHER INCOME
Share of fees - African Regional Intellectual Property Organisation (ARIPO) 4,361,290 4,253,800
Sundry Income 70,694 2,005
Share of fees - World Intellectual Property Organisation (WIPO) 2,772,917 2,850,214
Government Grants - Ministry of Industrialization and Trade (“MIT”) - 5,800,200
Profit on sale of property, plant and equipment 7,955 1,496
Grant received (Cash) - Deutsche Gesellschaft fur Internationale Zusammenarbeit 358,150 722,169
Donation received (Deferred income) - Deutsche Gesellschaft fur Internationale Zusammenarbeit 231,931 231,931
Donation received - Land and Building (MIT) (refer to note 4) - 11,900,000
7,802,938 25,761,815
15. OPERATING SURPLUS
Operating Surplus / (Deficit) for the year is stated after accounting for the following:
Operating lease charges
Premises
• Contractual amounts - Head office (Short-term lease) 126,500 59,195
Equipment
• Contractual amounts (Low value lease) 373,248 278,464
Depreciation on property, plant and equipment (note 4,5 & 21) 6,470,291 3,986,766
Employee costs 63,486,637 54,982,924
16. EMPLOYEE COSTS
Basic Salaries 44,654,605 40,274,442
Pay As You Earn (PAYE) 10,099,633 7,803,038
Medical Aid 2,081,933 1,625,148
Namibia Public Workers Union (NAPWU) 152,781 143,489
Defined Pension Fund 6,187,533 4,882,734
Social Security Contribution 310,152 254,073
63,486,637 54,982,924
Rebuild, Revive, Restore. 117
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2022 2021
17. TAXATION N$ N$
The Authority is exempt from income tax in terms of section 16(1)(e)(i) of the Income Tax Act of Namibia, as amended.
18. INTEREST RECEIVED AND COSTS
Interest income
Bank 504,990 94,298
Interest on short term Investments 1,260,607 1,292,238
1,765,597 1,386,536
Interest expenses
Finance charges for lease liabilities (293,234) (286,561)
Net finance income 1,472,363 1,099,975
19. AUDITOR’S REMUNERATION
Auditor’s fees 363,113 333,324
20. CASH USED IN OPERATIONS
Surplus for the year 5,560,016 24,972,972
Adjustments for:
Depreciation and amortisation 6,470,291 3,986,766
Loss (gain) on foreign exchange 338,091 835,382
Loss on sale of Non-Current Assets - 635,525
Profit on sale of non-current assets (7,955) (1,496)
Finance charges for lease liabilities 293,234 286,561
Interest received (1,765,597) (1,386,536)
Provision for expected credit losses 4,779 12,663
Non-cash investing and financing activities
• Donation received - Land and Buildings - (11,900,000)
• Adjustment to opening balance 95,016 (38,476)
• Deferred income release to income statement (231,931) (231,931)
• Other non-cash items (40,136) 1,496
Changes in working capital:
Decrease / (Increase) in trade and other receivables 442,065 1,647,086
Decrease / (Increase) in prepayments (191,667) -
(Decrease) / Increase in trade and other payables (2,661,718) 4,301,857
8,304,487 23,121,869
118 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
21. LEASES 2022 2021
21.1. Amounts recognised in the statement of financial position N$ N$
The statement of financial position shows the followings relating to leases:
21.1.1. Right-of-use assets - 2022
Accumulated
Item Cost Carrying Value
Depreciation
Building 12,040,513 (4,807,063) 7,233,450
12,040,513 (4,807,063) 7,233,450
Reconciliation of right-of-use assets - 2022
Item Opening balance Additions Depreciation Total
Building 2,426,920 8,400,134 (3,593,604) 7,233,450
Total 2,426,920 8,400,134 (3,593,604) 7,233,450
21.1.1. Right-of-use assets - 2021
Accumulated
Item Cost Carrying Value
Depreciation
Building 3,640,379 (1,213,459) 2,426,920
Total 3,640,379 (1,213,459) 2,426,920
Reconciliation of right-of-use assets - 2021
Item Opening balance Additions Depreciation Total
Building 3,640,379 - (1,213,459) 2,426,920
Total 3,640,379 - (1,213,459) 2,426,920
21.1.2. Lease liabilities
Current 2,550,219 1,620,887
Non-Current 4,896,512 -
Total 7,446,731 1,620,887
There were no additions to the right-of-use assets, but the lessor and leasee agreed to enter into a new lease agreement for a period three (3) years.
Rebuild, Revive, Restore. 119
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
21. LEASES (Continued)
21.2. Amounts recognised in the statement of surplus or deficit 2022 2021
The statement of comprehensive income shows the following amounts relating to leases: N$ N$
Depreciation charge-of-right-of-use assets
Buildings 3,593,604 1,213,459
3,593,604 1,213,459
21.3. Total cash outflows for leases
Principal elements of lease payments 2,869,919 2,657,331
21.4. Operating lease - as leasee (expense)
Interest expense (included in finance costs) 293,234 286,561
Expense relating to short-term leases (included in cost of goods sold and administrative expenses) 126,500 59,195
Expense relating to variable lease payments not included in lease liabilities (included in administrative expenses) 373,248 278,464
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. The Authority use the discount factor of 8.00% which is Namibia’s prime
rate plus credit risk.
21.5. Maturity analysis for lease liabilities
The maturity analysis for lease liabilities in comparison to undiscounted future cash flows are as follows:
Lease liability as per statement of financial position 7,446,731 -
Undiscounted future cash flows (8,196,310) -
Future interest expense 749,579 -
- -
21.6. Significant lease arrangements
The Authority leases a building from PZN for carrying out its mandate. The lease agreement is for a period of three (3) years, starting 1 November 2021, ending 31 October 2024 with an annual
escalation of 8%. The exposure of COVID-19 may affect the Authority’s future cash flows which may afftect the lease obligations.
120 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2022 2021
N$ N$
22. RELATED PARTIES
22.1. RELATIONSHIP
Related party relationship exists between the Authority and:
Entity / Organisation Relationship
Board members and 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
22.2. TRANSACTIONS
Related party transactions:
22.2.1. Key Management
• Chief Executive Officer and Executives 5,837,296 4,503,914
Key management comprises of the Chief Executive Officer and five (5) Executives.
The significant difference from prior year was due to an increase in remuneration as well as recruitments of executive within the period.
22.2.2. Other Income
• Share of fees - African Regional Intellectual Property Organisation (ARIPO) 4,361,290 4,253,800
• Share of fees - World Intellectual Property Organisation (WIPO) 2,772,917 2,850,214
22.2.3. Government Grants
• Ministry of Industrialization and Trade (“MIT”) - Grant received - 5,800,200
22.2.4. Other income
‘• Donation received - Land and Building (“MIT”) - 11,900,000
Rebuild, Revive, Restore. 121
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
22. RELATED PARTIES (Continued) 2022 2021
N$ N$
22.2.5. Operating expenses
• ARIPO Specific Membership Contribution 512,385 482,094
• WIPO Membership Contribution 49,597 47,234
• CRF Membership Contribution 3,319 6,356
• State-Owned Enterprise CEO Forum Membership Contribution 20,000 20,000
585,301 555,684
22.3. BALANCES
Related party balances:
22.3.1. Trade and other receivables
• African Regional Intellectual Property Organisation (ARIPO) 1,813,650 1,997,132
• World Intellectual Property Organisation (WIPO) 2,665,934 2,721,417
Non-Executive Directors emoluments consists of:
• Sitting and retainer allowances 580,179 393,933
• Travelling expenses (Daily Subsistence & Travel Allowance) 361,045 110,971
941,224 504,904
122 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Notes to the Annual Financial Statements (Continued)
2022 2021
N$ N$
24. EXPENSE BY NATURE
• Bar-coding retrieval file 737,963 1,349,800
• Consulting fees 1,340,353 3,337,893
• Depreciation and amortization 6,470,291 3,986,766
• Salaries and wages 63,486,637 54,982,924
• Loss on sale of Non-Current Assets - 635,525
• Silnam Support Services 2,024,000 1,932,000
• Telephone & fax 1,319,552 1,521,488
• Advertising 789,855 269,707
• Computer expenses 1,444,376 683,969
• Printing & Stationery 807,241 739,047
• Training/Capacity Building 958,249 254,482
• Travelling costs 1,630,608 476,093
• NTA - VET Levy 622,780 469,900
• Directors fees 580,179 393,933
• Legal expenses 530,135 -
• Electricity & Water 523,660 470,749
• Security 556,251 490,520
• Bank charges 516,492 199,060
• Other operating expenses * 4,026,704 4,208,900
88,365,327 76,402,755
- Other operating expenses not separately disclosed above consists of all expenses that allows the Authority to continue with operations such as audit fees, printing and stationaries etc.
Rebuild, Revive, Restore. 123
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Detailed Statement of Surplus or Deficit and Other Comprehensive Income
2022 2021
N$ N$
Revenue
Income from Registrations of Companies, Close Corporation and Defensive names 4,119,769 4,865,802
Income from Amendments of Companies and Close Corporatio and Close Corporation 1,008,098 502,728
Income from Annual Duties and Returns 75,640,029 64,018,118
Registration of Trademarks, Patents and Copyrights 3,268,409 4,729,740
Other income - file request and copies 320,504 110,988
84,356,809 74,227,376
Other income
Share of fees - Africa Regional Intellectual Property Organisation (ARIPO) 4,361,290 4,253,800
Sundry income 70,694 2,005
Share of fees - World Intellectual Property Organisation (WIPO) 2,772,917 2,850,214
Government Grants - Ministry of Industrialization and Trade (“MIT”) - 5,800,200
Grant received (Cash) - Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) 358,150 722,169
Interest received 1,765,597 1,386,536
Profit on sale of property, plant and equipment 7,955 1,496
Donation received (Deferred income) - Deutsche Gesellschaft fur Internationale
231,931 231,931
Zusammenarbeit (GIZ)
Donation received - Land and Building - 11,900,000
9,568,534 27,148,351
Expenses (Refer to page 125 ) (85,985,182) (76,402,755)
Surplus for the year 7,940,161 24,972,972
The supplementary information presented does not form part of the annual financial statements and is unaudited
124 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Detailed Statement of Surplus or Deficit and Other Comprehensive Income (Continued)
Note(s) 2022 2021 Note(s) 2022 2021
N$ N$ N$ N$
Operating expenses Repairs & Maintenance 509,450 163,865
ARIPO Specific contribution 512,385 482,094 Retreats, Conferences and Team Building 129,492 120,063
Advertising 789,855 269,707
Rewards & recognition - 1,250
Auditors remuneration 19 363,113 333,324
Bank charges 516,492 199,060 Safety Equipment 1,770 -
Bar-coding retrieval file 737,963 1,349,800 Security 556,251 490,520
Books, Journals and Manuals 7,218 6,147
Silnam Support Services 2,024,000 1,932,000
Cleaning 88,011 114,725
Computer expenses 1,444,376 683,969 Stakeholder Engagement 35,979 -
Consulting fees 1,340,353 3,337,893 Telephone & fax 1,319,552 1,521,488
Courier & Postage 258,045 458,206 Training/Capacity Building 958,249 254,482
Corporate Gifts 36,106 46,175
Covid - 19 expenses 154,185 592,164 Travelling costs 1,630,608 476,093
Depreciation and amortisation 4,5 & 21 6,470,291 3,986,766 WIPO Contribution 49,597 47,234
Directors fees 580,179 393,933 Wellness event 97,418 2,110
Electricity & Water 523,660 470,749
World IP Day 71,462
Employee costs 16 63,486,637 54,982,924
Finance costs 293,234 286,561 88,365,327 76,402,755
Loose tools and equipment 5,572 5,135
Loss allowance 4,779 12,663
Loss on sale of Non-Current Assets - 635,525
Insurance 70,653 113,355
Lease of machinery 373,248 278,464
Legal expenses 530,135 -
Loss on exchange difference 338,091 835,382
Motor vehicle expenses 139,367 95,036
Membership fees 45,170 42,209
NTA - VET Levy 622,780 469,900
Printing & Stationery 807,241 739,047
Promotions 223,681 41,915
Rent Paid 126,500 59,195
Refreshments 92,179 71,625
The supplementary information presented does not form part of the annual financial statements and is unaudited
Rebuild, Revive, Restore. 125
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
NOTES
126 Rebuild, Revive, Restore.
Business and Intellectual Property Authority Annual Report 2021/2022
Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016)
ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 31 MARCH 2022
Rebuild, Revive, Restore. 127
Business and Intellectual Property Authority Annual Report 2021/2022
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
128 Rebuild, Revive, Restore.