BIPA Annual Report 2023-2024
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FOSTERING INNOVATION AND ENTREPRENEURSHIP
THROUGH INTELLECTUAL PROPERTY RIGHTS
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 1
Fostering innovation and entrepreneurship through Intellectual Property rights
As Namibia continues to evolve in a rapidly changing global economy, the
importance of innovation and creativity cannot be overstated. Themed “Fostering
innovation and entrepreneurship through Intellectual Property rights,” this annual
report encapsulates our commitment to nurturing a vibrant entrepreneurial
ecosystem where creativity thrives and intellectual property (IP) rights serve as a
catalyst for business growth. Namibia is home to a wealth of talent and diverse
cultural expressions, and it is our role to ensure that these creative endeavours are
protected through robust IP frameworks.
Thus, the report highlights BIPA's various initiatives to educate entrepreneurs about
the importance of IP and programs aimed at demystifying IP processes. This is with
the view that by understanding and leveraging IP, businesses can secure a
competitive advantage, attract investment, and enhance their market position. We
also spotlight enforcement of intellectual property rights, which is crucial for
maintaining a fair and competitive marketplace at a time when BIPA has dedicated
itself to bolstering enforcement mechanisms against IP infringement and piracy.
Holistically, therefore, this annual report not only reflects our achievements in the
2024 financial year, but also serves as a roadmap for entrepreneurs seeking to
harness the power of intellectual property.
2 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
CONTENTS
1 5 9
EXECUTIVE
ABOUT BIPA 06 OPERATIONS 40
MANAGEMENT 27
AUDIT, RISK AND
2 CHIEF EXECUTIVE
OFFICER’S OVERVIEW 13 6 INVESTIGATIONS
MANAGEMENT 30
ANNUAL FINANCIAL
STATEMENTS 109
3 STATEMENT BY THE
BOARD CHAIRPERSON 16 7 LEGAL &
COMPLIANCE 34
OUR CORPORATE
4 8
BUSINESS
GOVERNANCE
STRATEGY 38
ARCHITECTURE 19
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 3
ACKNOWLEDGEMENTS
Content Writer: Ndapanda Netumbo Toivo
Editor: Shariva Zender
Managing Editor: Ockert Jansen
Copy Writing and Proofreading: Vybrands Advertising
Production Editor, Layout and Design: Vybrands Advertising
4 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
LIST OF ACRONYMS AND ABBREVIATIONS
4IR Fourth Industrial Revolution IBRS Integrated Business Registration System
AML Anti-Money Laundering ICSF Integrated Client Service Facility
APF Anti-Proliferation Financing ICRS Integrated Company Registration System
ARIPO African Regional Intellectual Property Organisation IP Intellectual Property
ARAMN Association of Records and Archive Management in Namibia IPR Intellectual Property Rights
ATF Anti-Terrorism Financing ICAN Institute of Chartered Accountants of Namibia
BIPA Business and Intellectual Property Authority ICT Information and Communication Technologies
BRS Business Registration Services MIT Ministry of Industrialisation and Trade
CC Close Corporation MoU Memorandum of Understanding
CEO Chief Executive Officer N$ Namibia Dollar
ERP Enterprise Resource Planning NAMRA Namibia Revenue Agency
ESAAMLG Eastern and Southern Africa Anti-Money Laundering Group NUST Namibia University of Science and Technology
FATF Financial Action Task Force PCT Patent Cooperation Treaty
FIA Financial Intelligence Act SME Small and Medium Enterprise
FRAC Finance, Risk and Audit Committee MSME Micro, small and medium enterprises
FY Financial Year PE Public Enterprise
BO Beneficial Ownership SPPC Strategic Planning and Projects Committee
FIC Financial Intelligence Centre TIN Tax Identification Number
GLEC Governance, Legal and Ethics Committee WTO World Trade Organisation
HCM Human Capital Management WIPO World Intellectual Property Organisation
HRRC Human Resources and Remuneration Committee
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 5
"IP fuels the fire
of innovation."
6 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
1 ABOUT BIPA
2.1 Purpose
The Business and Intellectual Property Authority (BIPA) is mandated to regulate and Against this background, the objectives of BIPA as outlined in Section 2 of the
administer the registration of business and industrial property in terms of applicable BIPA Act of 2016 are:
legislation with the objective of facilitating economic growth and development,
To foster economic growth and development and promote investment and
promoting investment and creating employment through enhancing the efficient
employment and the efficient protection and administration of business and
protection of business and intellectual property in Namibia.
intellectual property in Namibia.
Simultaneously, BIPA is mandated to promote the conduct and use of business and
intellectual property in Namibia; facilitate, streamline, simplify and harmonise the
business and industrial property procedures, registrations, filings and searches to To consolidate the various offices and officials involved in the registration and
expedite economic growth and development; and to enhance the efficient exchange administration of business and intellectual property.
and distribution of information. Protection of Intellectual Property Rights encourages
innovative economies, enriches individuals and companies, preserves wealth and
saves lives.
To facilitate and promote the efficient and effective registration of business
BIPA’s dual mandate further tasks the Authority with the registration of Companies, and intellectual property and to keep and administer the required registers.
Close Corporations and Defensive Names. This function is not only a vital enabler
of a stable and thriving economy, but also contributes to government’s greater
developmental goals of poverty eradication, the alleviation of unemployment and To promote the conduct and use of business and intellectual property in
bridging the inequality gap amongst Namibians. Namibia.
To facilitate, streamline, simplify, harmonise and expedite business and
intellectual property procedures, registrations, filings and searches; and
To enhance the efficient exchange and distribution of information.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 7
BIPA envisions a Namibia where a thriving business
landscape drives economic growth and innovation.
To achieve this vision, BIPA is committed to protecting
intellectual assets and creating an enabling environment
for businesses to operate seamlessly in Namibia.
Vision Mission
To be the catalyst of “We protect intellectual assets
economic growth for a and make doing business
transformed business possible in Namibia.”
landscape and an
innovative nation.
8 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Corporate Values
As a fairly newly established Public Enterprise, it is of pertinent importance that BIPA and innovative culture for our people. This creates a common and shared purpose and
drives a culture of performance, accountability, innovation and empowerment. An encourages the active participation of each staff member to live our values through their
organisational culture is often shaped through its values and how the employees respond behaviour and decision making. Our values are:
and live these values. BIPA’s remain important building blocks for a high performance
Accountability:
• Transparent Decision-Making: BIPA ensures that decisions are made openly and with clear justifications, promoting accountability and 2.2. Strategic Themes
trust.
• Taking Responsibility: When mistakes occur, BIPA acknowledges them, takes responsibility, and implements corrective measures. BIPA’s 5-year Integrated Strategic Business
• Performance Metrics: BIPA establishes clear performance metrics and holds individuals and teams accountable for achieving their Plan (ISBP) consists of four (4) key themes
goals.
to assist the authority to reach its goals
Service Excellence: through enhancing:
• Customer Focus: BIPA prioritizes customer satisfaction and strives to exceed expectations in all interactions.
• Efficient Processes: BIPA continuously reviews and improves its processes to ensure efficient and timely service delivery.
• Employee Training: BIPA invests in employee training to enhance their skills and knowledge, leading to better customer service.
Financial Sustainability: BIPA aims to become
Teamwork: a self-sustaining public enterprise by improving
• Collaborative Culture: BIPA fosters a collaborative work environment where employees work together towards common goals. its revenue generation.
• Cross-Functional Collaboration: BIPA encourages collaboration across different departments and teams to leverage diverse
perspectives and expertise.
• Open Communication: BIPA promotes open and transparent communication channels to facilitate teamwork and information sharing.
Stakeholder Confidence: BIPA is mandated to
Empowerment:
provide services to its clients and collaborate
• Employee Development: BIPA provides opportunities for employees to develop their skills and advance their careers. with its stakeholders to deliver value to its
• Decentralised Decision-Making: BIPA empowers employees at all levels to make decisions within their areas of responsibility. clients
• Recognition and Rewards: BIPA recognizes and rewards employees for their contributions and achievements.
Integrity:
• Ethical Conduct: BIPA adheres to the highest ethical standards in all its operations.
Internal Processes and Governance: To
• Fair and Transparent Practices: BIPA ensures that its practices are fair, transparent, and free from corruption.
ensure that the organisation can meet the
• Compliance with Regulations: BIPA strictly adheres to all relevant laws and regulations. clients and stakeholders’ objectives, BIPA
aims to improve its internal processes and
Innovation:
governance framework.
• Continuous Improvement: BIPA seeks to improve its processes and services through innovation and creativity.
• Risk-Taking: BIPA encourages employees to take calculated risks and explore new opportunities.
• Technology Adoption: BIPA embraces technology to improve efficiency and enhance service delivery.
Operational Excellence: BIPA is focused on its
core assets, which are its people.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 9
2.3 BIPA Organogram
ORGANISATIONAL STRUCTURE
REPUBLIC OF NAMIBIA
MINISTRY OF
INDUSTRIALISATION
AND TRADE
BOARD OF
DIRECTORS
CHIEF EXECUTIVE
OFFICER
STRATEGIC BUSINESS UNITS [AS PER MANDATE]
EXECUTIVE:
EXECUTIVE: MARKETING,
EXECUTIVE: EXECUTIVE: EXECUTIVE:
LEGAL & COMPANY CORPORATE EXECUTIVE:
INFORMATION & EXECUTIVE: BUSINESS
SECRETARY SERVICES HUMAN CAPITAL COMMUNICATION INTELLECTUAL
COMMUNICATION FINANCE & REGISTRATIONS
MANAGEMENT & CLIENT PROPERTY
TECHNOLOGY ADMINISTRATION SERVICES
MANAGEMENT SERVICES
SERVICES
10 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
2.4 Legislative and other mandates
The BIPA Act, 2016 confers powers onto the Authority to administer legislation relating to legislation and enforcement of rules and regulations. Therefore, it is important to note
business registration and intellectual property administration. Its mandate encompasses that in addition to its establishing legislation, BIPA’s legislative universe is rather broad and
companies, close corporations, trademarks, patents, designs, aspects of copyright the below highlights the laws under administration of BIPA:
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)
Companies Act, 2004 (Act No. 28 of 2004) Register companies, maintain data, regulate governance of and disclosure by companies, resolve disputes, ed-
ucate 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, protect and grant trademarks, industrial design, utility models and patent rights in accordance with
the law and other international instruments.
Copyright and Neighbouring Rights Protection Act, Register copyright, maintain data, resolve disputes, and provide non-binding advice to the public.
1994 (Act No. 6 of 1994)
Merchandise Marks Act, 1941 (Act No. 17 of 1941) as To make provision concerning the marking of merchandise and coverings with which merchandise is sold and
Amended the use of certain words, emblems in connection with business.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 11
KEY PERFORMANCE STATISTICS FOR THE YEAR 2023/2024 FINANCIAL YEAR
- BASED ON KEY PROJECTS / ACHIEVEMENTS AND DECISIONS FOR THE YEAR.
Achieved revenue Achieved a Up to 11 073
of N$114 million surplus of new businesses
N$754,955 registered
2,402 N$720 000
BIPA now employs
Intellectual Property budgeted for
169 employees
Rights have been employee
up from 141
registered capacitation
12 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
"Innovation leadership
needs vision, secured by IP"
Ms. Vivienne Katjiuongua
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 13
2 CHIEF EXECUTIVE OFFICER’S OVERVIEW
This year, we have made significant strides in advancing In the reporting period, we registered 11,073 firms, which,
our mandate to regulate and administer the registration despite being a strong number, was 12% lower than the
of businesses as well as protection of Intellectual Property total registration achieved in the previous financial year. On
Rights, thereby fostering an environment that nurtures the intellectual property front, a total of 2,402, Intellectual
innovation. Property Rights were registered in the reporting period.
These have been dominated by trademarks, which continue “I am delighted to share that
With so many national elections planned around the world to be the most popular IP right for Namibia, representing
for 2024, the operating climate is likely to stay unpredictable. at least 80% of all IP registrations, with the remainder we experienced revenue
However, we are of the firm belief that our strategy and
pragmatic operational structure is well suited to withstand
comprising other IP domains.
growth, achieving revenue of
the change that may likely occur in the short or long term. To buttress this, I am happy to report that the Intellectual N$114 million, leading to a
In promoting reform and progress on all fronts—employee, Property Business Strategy was approved by the Board
corporate, social, and economic—I applaud the hard work during the year under review with the aim of improving surplus of N$754,955.
and devotion of all BIPA staff and the dedicated leadership intellectual property operations, thereby ensuring the
teams. For my part, it makes me quite proud. effective execution of BIPA’s mandate in as far as it relates This highlights the robustness
to IPR’s. The strategy will be implemented over a three-year
period, commencing on April 1, 2024.
of our operations and the
PERFORMANCE
prudent use of the limited
Equipped with new competencies, enhanced capacity, and OPERATIONS
cash reserves, BIPA endured a resilient performance in the resources that we have”
reporting period as we navigated challenges of a macro- We face complicated and interconnected risks and
and socio-economic nature. I am delighted to share that opportunities in our ever-changing environment, which
we recorded revenue growth, achieving revenue of N$114 impacts both our strategic orientation and our day-to-day
million, leading to a surplus of N$754,955. This highlights operations. In navigating these, we have achieved multiple
the robustness of our operations and the prudent use of milestones that have strengthened our position as an
the limited resources. It is therefore worth noting that BIPA organisation that is adding value to Namibia’s developmental
is engrained with a culture of having all annual financial objectives. In hindsight of the need to be more supportive
statements signed off by the Board of Directors. The annual to the business ecosystem of Namibia, we have initiated
financial statements are also accompanied by an external plans to establish a mediation centre that will serve as the
auditor report whose audit opinion remains unqualified—a primary platform for stakeholders to seek negotiation and
clean audit. Our nearly 169 employees, in particular, conciliation on disputes related to business names and
deserve much of the credit for these positive, outstanding Intellectual Property Rights before considering adjudication
results. The achievement of these results was beneficial to in IP tribunals or courts. This is in line with our mandate as
Namibia’s business sector. articulated in the BIPA Act, 2016 (No. 8 of 2016) to facilitate
voluntary resolutions of disputes between parties.
14 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Notably, in a watershed moment, the Director General (DG) of the World Intellectual Property Organisation (WIPO)
visited Namibia from November 19 to 22, 2023. While the visit was critical for us, it cemented our commitment to
strengthening the innovation ecosystem with intellectual property as a core part of policies to promote growth
and development. We now look to use lessons derived to build a more inclusive and balanced IP system that takes
into account the evolving needs and expectations of our stakeholders.
Internally, we have made strides in building the skills and resources needed to improve our sustainability
performance and integrate it into all of our group-wide goals, decisions, and execution efforts. In the year under
review, BIPA successfully completed the recruitment and selection processes for fourteen positions. These talent
acquisition efforts were necessary to capacitate various departments, which had experienced an increased
workload and internal movement of employees to other departments.
OUTLOOK
In the next financial year, we look forward to undertaking the Business Process Re-Engineering Project expected
to commence during the third quarter. Among other key projects, we continue to review the Companies Act
and Close Corporation Act (New Companies Bill) under the Corporate Law review project as well as procure an
Integrated Business Registration System (iBRS) to ensure a digitised business registration process.
GRATITUDE
In this uncertain world, we will continue to rely on the backing of our stakeholders, both internal and external. My
deepest appreciation goes out to the Board for their unwavering encouragement and wise counsel during this
challenging year. I would like to express my gratitude to my executive committee for their unrelenting commitment
and consistent performance in a highly demanding work environment. On behalf of my executive team, I would
like to express my deepest gratitude to our staff for their steadfast commitment and remarkable strength in
serving our purpose throughout 2023.
……………………………………………………………
Vivienne Katjiuongua
Chief Executive Officer
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 15
"Innovation thrives where
creativity is safeguarded."
16 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
3 STATEMENT BY THE BOARD CHAIRPERSON
As we reflect on the past year at the Business implementation of the third financial year of our
Intellectual Property Authority (BIPA), as a Board we Integrated Strategic Business Plan (ISBP).
are filled with a sense of pride and accomplishment.
The year 2024 has been pivotal for us as we continued To support the business community, the Board, in
to navigate the evolving landscape of business concurrence with the Minister of Industrialisation
registration and Intellectual Property Rights and the and Trade, as well as with the endorsement of the
significance of such rights in fostering innovation and Namibian Cabinet, launched the Annual Duty Penalty
economic growth. Waiver Program on November 15, 2023. In this
endeavour, we provided much-needed relief to all
Throughout the year, the Board has diligently worked businesses that were not able to fulfil their annual We have placed significant
with the management team to ensure that our duty obligation between the periods 2012 and 2022.
strategic goals align with the evolving needs of our Beyond this initiative, we also received the anticipated emphasis on enhancing
stakeholders. We have placed significant emphasis
on enhancing our financial sustainability, improving
legal opinion in which considerable progress has
been observed on the draft copyright bill and
our financial sustainability,
our governance structures, and fostering a culture of recommendations from the Office of the Attorney- improving our governance
compliance and accountability. Our robust financial General.
performance, characterized by a notable increase in structures, and fostering a
revenue and surplus, reflects these efforts, as detailed The Attorney-General’s overall opinion is that the
in our financial performance section of this report. draft bill contains admirable and world-leading efforts culture of compliance and
Withstanding this, BIPA has managed to successfully
to ensure improved copyright protection in Namibia.
accountability.
navigate through a complex global environment Furthermore, during the reporting period, BIPA
marked by external factors at both macro and micro initiated the ratification process of the World
levels while maintaining stability and growth. We are Intellectual Property Organization’s (WIPO) copyright
aware of the impacts of global geopolitical dynamics treaties, including the WIPO Copyright Treaty (WCT),
and economic uncertainties on Namibian businesses. the WIPO Performances and Phonograms Treaty
As a custodian of sustainable performance and long- (WPPT), the Marrakesh Treaty to Facilitate Access to
term value creation, the Board continues to provide Published works for persons who are blind, visually
the necessary oversight and insight to ensure that the impaired, or otherwise print disabled, and the Beijing
Authority remains adept at managing the complexity Treaty on audio-visual performances. The Ministry of
of change. To this end, we finalized and submitted Industrialisation and Trade has received the proposal
the Annual Business and Financial Plan (ABFP) to to ratify four WIPO copyright treaties for consideration
the line minister, which serves as a framework for and submission to Cabinet during the next financial
BIPA’s mandate and strategic goals, and guides the year.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 17
Notably, the Industrial Property Tribunal rules were also finalised and gazetted on 29 April
2023. These rules provide comprehensive guidelines and procedures for the Tribunal’s
operations. At the Minister’s request, the Judge-President assigns designated judges of the
High Court, in accordance with Section 215 (4) of the IP Act, to carry out the Tribunal’s
functions. BIPA also developed a draft proposal for the establishment of the Independent
Tribunal and its operationalisation plan.
Moving forward, I strongly believe that BIPA has made significant strides to future-proof the
business, withstanding any challenges and headwinds ahead. BIPA has proved its resilience
and steadfastness in delivering value to its shareholder, the Government of the Republic
of Namibia, while continuing to play an important role in socio-economics. The Board is
conscious that emerging trends present both opportunities and risks to our business.
We remain satisfied with the ‘tone from the top’ of the business—nothing is more important
to us than ensuring that executive management upholds the highest levels of integrity. We
have enhanced engagement with the leadership team through more regular interactions
on strategic matters throughout the year. Our view as the Board is that we have a clear
and appropriate strategy in place and that the management team has executed against
the strategy during the year under review, notwithstanding the challenging macroeconomic
environment.
I extend my gratitude to my Board colleagues for their thoughtful deliberations at all
meetings, all aimed at ensuring a better BIPA while striving for a robust and rewarding
future. Equally, to the executive and management teams, I extended my gratitude to you all
for your exemplary leadership over the past year. The entire BIPA family must be thanked
and congratulated on these stellar results, and we look forward to another exciting and
eventful year as we continue delivering on a strategy that is designed to provide meaning
and benefit to the many organisations and individuals we connect with on a regular basis.
My optimism for the future remains strong, and I am confident that BIPA, despite challenges
and surprises that may come our way, is exceptionally well positioned for future success.
………………………………………………………………………………………………
Immanuel Tino !Hanabeb
Chairperson of the Board of Directors
18 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
"Lasting success is built on
integrity and adherence to the law"
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 19
4 OUR CORPORATE GOVERNANCE ARCHITECTURE
4.1 Board Member profiles
Immanuel Tino !Hanabeb Sara Katiti Nancy Watyoka Justin Strauss
Chairperson Deputy-Chairperson Board Member Board Member
A dynamic and entrepreneurial executive, A trailblazer in finance and governance, Sara Ms. Nancy Watyoka has a profound level of Justin Strauss is a seasoned ICT professional
Immanuel !Hanabeb brings over 25 years Katiti combines strategic insight with a strong expertise in developing and implementing with over 20 years of experience spanning
of expertise in commercial strategy, finance, track record in enterprise development. effective Intellectual Property strategies. systems administration, IT infrastructure, and
infrastructure, and community development. She is the Managing Director and founding With two decades of experience in digital transformation in both the public and
He has held key leadership roles at Namibian member of Afri Holdings (Pty) Ltd, where business analysis she has effectively guided private sectors. His career has been defined
Ports Authority, including Finance Manager, she spearheads organizational growth and businesses in their pursuit of innovation by his ability to deploy innovative technology
Executive Projects & Property, and Executive stakeholder alignment. She served as the and increased growth in the agriculture, solutions that enhance institutional efficiency
Operations & Commercial, accumulating first female CEO of TransNamib from 2013 telecommunications and health industries. and service delivery.
nearly 15 years of experience in this niche to 2016.
As a member of the International Society of Having contributed to national ICT rollouts
area.
Her earlier roles at NamPower and the City Sustainability Professionals she is dedicated and enterprise systems across government
He also served as interim CEO of the Roads of Windhoek honed her expertise in finance, to promoting ecological sustainability and entities, Justin’s expertise lies in strategic
Contractor Company (RCC), where he led IT, and treasury management. Today, Sara fostering social growth for Micro, Small IT planning, public sector innovation, and
strategic initiatives in construction and serves on multiple boards across the public and Medium enterprises. Her professional advancing digital governance frameworks.
project management. Immanuel is passionate and private sectors, recognized for her interests lie in supporting IP-driven MSMEs
about infrastructure development, strategic principled leadership and commitment to and leveraging technology as a force for
investment, and driving sustainable economic mentorship, financial sustainability, and greater societal good.
growth through operational excellence. corporate transformation.
20 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Board Member profiles (Continued)
Nangosora Ashley Tjipitua Hilka Alberto Julius Haikali
Board Member Board Member Board Member
Ashley Tjipitua brings more than 13 years Hilka Kandali Alberto is an accomplished With a career spanning 25 years, Julius
of legal and regulatory experience with legal and governance expert with 17 years Haikali is a visionary leader in institutional
a focus on governance, compliance, and of professional experience, including 12 development, known for his impact across
institutional reform. Her career spans years in senior and executive roles. As an public and private sector governance. He has
commercial litigation, legal advisory, risk admitted Legal Practitioner of the High Court earned a reputation for driving transformative
management, and board governance, of Namibia and a member of the Law Society change, strengthening operational systems,
supported by academic training in law and of Namibia, she offers deep knowledge in and promoting accountable leadership.
public management. compliance, institutional regulation, and risk
Julius is particularly passionate about public
management.
Ashley is recognized for her pragmatic and sector reform, policy innovation, and using
integrity-driven approach to leadership, and Hilka is known for her precision and thought evidence-based approaches to improve
is deeply committed to advancing ethical leadership in governance and regulatory service delivery. His leadership philosophy
governance, access to justice, and sound innovation. Beyond the boardroom, she centres on ethical governance as a driver
regulatory practices. enjoys tennis, travel, and reading reflecting a for national development and institutional
well-rounded approach to professional and sustainability.
personal growth.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 21
4.2 Powers of the Board of Directors Commitment to Good Governance
Board Oversight and Governance BIPA is committed to upholding the highest standards of corporate governance. The
Board actively promotes transparency, accountability, and ethical conduct throughout
The BIPA Board operates within the framework established under the BIPA Act, 2016 the organization.
and the Public Enterprise Governance Act, 2019, including but not limited to the BIPA
Governance Framework and corporate governance best practices. As the strategic
decision-making body, the Board ensures that BIPA’s operations align with its mandate,
promote sustainable growth, and safeguard the interests of its stakeholders. By fostering a culture of good governance,
Key Responsibilities and Powers
BIPA seeks to build trust with its stakeholders
• Strategic Leadership: The Board provides strategic direction and oversight,
ensuring that BIPA’s goals and objectives are aligned with the broader economic
and ensure its long-term sustainability,
and regulatory landscape. as outlined in the 5-year ISBP.
• Financial Stewardship: The Board approves (at organisational level) the annual
budget, business plan, and procurement plan, overseeing the financial health of
the organization and ensuring responsible resource allocation. Same is availed for
approval by the respective Line Minister which is the Minister of Industrialization
and Trade (MIT).
4.3 Board Performance Assessment
• Governance Framework: The Board establishes and maintains a robust In terms of sections 11 and 12 of the Public Enterprise Governance Act, 2019 (Act No. 1
governance framework, including policies and procedures for ethical conduct, of 2019) the Board’s performance is assessed against Key Performance Indicators (KPIs)
risk management, and compliance. The Board itself is subjected to perform in identified by the Minister. Therefore, on an annual basis, the Board signs a Governance
accordance with its governance agreement with the appointing minister. Agreement and individual Performance Agreement with the Minister to ensure their
performance are measurable and assessed against set targets.
• Human Capital Development: The Board plays a pivotal role in appointing the
CEO and ensuring effective succession planning for both the CEO and executive
leadership. 4.4 Board Structure
• Subcommittee Oversight: The Board establishes subcommittees to address Section 10 of the BIPA Act, 2016 allows for Board members to be appointed for a period
specific areas of expertise or focus, such as finance, audit, risk management, or of three year and may be eligible for reappointment at the expiration of that term. The
human resources and strategic projects. BIPA Board consist of seven Board of Directors that was appointed on 01 October and 01
November 2021 respectively, and their term ends 30 September 2024, unless extended
Rule-Making Authority
for a further period by the Minister.
The Board has the authority to make rules governing:
• The convening and procedures of Board and committee meetings.
• The management of BIPA’s affairs and the execution of its functions, from a strategic
perspective.
• Matters prescribed by the BIPA Act.
• Any other matters deemed necessary to achieve BIPA’s objectives.
22 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Directors Position Designation Appointment Date
Mr. Immanuel !Hanabeb Board Chairperson Non-executive 01 October 2021
Ms. Sara Katiti Deputy Board Chairperson Non-executive 01 November 2021
Mr. Justin Strauss Board Member Non-executive 01 October 2021
Ms. Hilka Alberto Board Member Non-executive 01 October 2021
Ms. Nangosora Tjipitua Board Member Non-executive 01 October 2021
Mr. Julius Haikali Board Member Non-executive 01 October 2021
Ms. Nancy Watyoka Board Member Non-executive 01 October 2021
4.4.1 Board Sub-Committees Structure
Board Sub-Committees Chairperson Substantive Members
Ms. Nancy Watyoka
Human Resource and Remuneration Committee (HRRC) Mr. Julius Haikali Ms. Hilka Alberto
Mr. Immanuel !Hanabeb
Mr. Justin Strauss
Finance, Risks, and Audit Committee (FRAC) Ms. Sara Katiti Ms. Nancy Watyoka
Mr. Immanuel !Hanabeb
Ms. Nangosora Tjipitua
Governance, Legal, and Ethics Committee (GLEC) Ms. Hilka Alberto
Ms. Nancy Watyoka
Ms. Sara Katiti
Ms. Hilka Alberto
Strategy, Projects, and Procurement Committee (SPPC) Mr. Justin Strauss
Ms. Nangosora Tjipitua
Mr. Julius Haikali
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 23
4.5 Board and Board Sub-Committee Meetings held for FY2023/24
4.5.1 HRRC:
The Board Committee meetings during the period under review are set out as follows: transparent remuneration policies, the committee helps to attract and retain top talent,
enabling BIPA to achieve its strategic objectives. Additionally, the committee oversees HR
Chaired by Julius Haikali policies and practices to ensure a fair and equitable workplace. A total of four (4) meetings
were held. They were held on 21 April 2023, 10 July 2023, 06 November 2023 and 08
This committee is responsible for ensuring that BIPA’s compensation practices are aligned
February 2024.
with market standards and promote employee satisfaction. By developing and implementing
BOARD MEETINGS FY 23/24
Q3 23/24 Q3 23/24
Total Meeting Dates Q4 22/23 Q1 23/24 Q3 23/24 Q3 23/24
29 November 26 January No. of Meetings
Attended 31 May 2023 04 August 2023 13 February 2024* 26 March 2024
2023 2024*
Mr. Julius Haikali x x x x x 5
Ms. Hilka Alberto x x x x x 5
Ms. Nancy Watyoka x x x x x x 6
Mr. Immanuel !Hanabeb x x x x x x 6
Ms. Nangosora Tjipitua x x x x x x 6
Mr. Justin Strauss x x x x 4
Ms. Sara Katiti x x x x x 5
Note: * denotes a special meeting
24 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
4.5.2 GLEC:
Chaired by Hilka Alberto
The Governance, Legal, and Ethics Committee (GLEC) plays a critical role in providing legal • Dispute Resolution: Providing legal counsel and support in legal proceedings
support to the Board and ensuring that BIPA’s regulatory actions are grounded in sound where BIPA is involved.
legal principles.
• Ethical Guidance: Ensuring that BIPA’s actions are aligned with ethical standards
Its primary responsibilities include: and principles.
• Legal Analysis: Examining existing and pending legislation to assess its impact on GLEC had four (4) meetings held on 21 April 2023, 10 July 2023, 23 October 2023 and 05
BIPA’s regulatory functions. February 2024.
• Policy Development: Assisting the Board in developing regulatory policies and
procedures that are consistent with legal requirements.
21 April 23 10 July 2023 23 Oct 2023 05 Feb 2024
Total Meeting Dates Attended No. of Meetings
Q1 23/24 Q2 23/24 Q3 23/24 Q4 23/24
Ms. Hilka Alberto X X X X 4
Ms. Nancy Watyoka X X X X 4
Ms. Nangosora Tjipitua X X X 3
Mr Immanuel !Hanabeb X X 2
4.5.3 SPPC:
Chaired by Justin Strauss.
The Strategic Plan and Project Committee (SPPC) discusses, formulates, recommends projects reported at Board level is accounted for, managed and completed within time
and provides advice for strategic and operational implementation of key objectives on all and budget to ensure that BIPA is able to effectively implement its mandate through
capital and operational projects. The committee further aims to ensure that all strategic these projects.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 25
SPPC had four (4) meetings on 24 April 2023, 12 July 2023, 25 October 2023 and 07 February 2024 and two (2) special meetings on 25 July 2023 and 08 November 2023.
SPPC Meetings
Total Meeting Dates 24 April 22 12 July 23 25 July 2023 25 Oct 23 08 Nov 2023 07 Feb 24
No. of Meetings
Attended Q4 22/23 Q1 23/24 Q1 23/24 Q2 23/24 Q2 23/24 Q3 23/24
Mr. Justin Strauss X X x X x X 6
Ms. Hilka Alberto X X x x X 5
Mr. Julius Haikali X X X 3
Ms. Sara Katiti X X x X x X 6
Ms. Nangosora Tjipitua X X X X 4
4.5.4 FRAC:
Chaired by Sara Katiti
The Finance, Risk and Audit Committee (FRAC) is the oversight committee of the Board procedures, FRAC is given the necessary resources to carry out its responsibilities,
as it relates to system of corporate controls and risk management, budget planning including the authorisation to engage independent counsel and other advisors.
and approval, audit planning and investigations etc. FRAC makes recommendations
FRAC had four (4) meetings on 24 April 2023, 17 July 2023, 25 October 2023 and 07
to the Board for approval when appropriate. In the process of overseeing BIPA’s audit
February 2024 and one (1) special meeting on 19 December 2023.
24 April 23 Q1 25 October 19 December 07 February
23/24 17 July 2023
Total Meeting Dates Attended 2023 2023 2024 No. of Meetings
Q2 23/24
Q3 23/24 Q3 23/24 Q4 23/24
Ms. Sara Katiti X X X X 4
Ms. Nancy Watyoka X X X X X 5
Mr. Julius Haikali X X X 3
Mr. Immanuel! Hanabeb X X X X 4
Mr. Justin Strauss X X X 3
26 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
"Protect your ideas to
unlock their potential."
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 27
5 EXECUTIVE MANAGEMENT
5.1 Executive Management Team
The following members held Executive positions during the financial year 2023/2024
Vivienne Katjiuongua Jones Lubinda Ainna Kaundu Veneranda Shoombe
Chief Executive Officer (CEO) Executive: Finance and Executive: Intellectual Property Executive: Information and
Administration Communication Technology
Frieda Mokotjomela Raphael Likando Ockert Jansen Vacant
Executive: Corporate Services Executive: Executive: Marketing, Corporate Executive: Legal and Company
Business Registration Services Communication and Client Secretarial Services
Management Services
28 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
The Chief Executive Officer (CEO) is appointed by the Board of Directors, with the approval
of the Minister, in terms of section 16 (1) of the BIPA Act, 2016. As such, the CEO holds a
stewardship position and together with the Executive Management Committee (EXCO)
Moreover, the CEO concurrently assumes the role of the Registrar of Business and Industrial
Property as defined by the BIPA Act, 2016 (Act No.8 of 2016). This role entails the day-to-
day management of an institution that bolsters business efficiency and the safeguarding of
Intellectual Property Rights through registration in Namibia. Collaborating with the executive
management team, the CEO steers the realization of BIPA’s strategic vision, objectives, and
undertakings.
Within BIPA, the CEO’s duties encompass a diverse spectrum:
• Strategic and Operational Leadership
The CEO concurrently
Enhance Stakeholder Confidence and Trust through strategic engagements
•
assumes the role of the
• Ensuring Regulatory Adherence
Registrar of Business and
• Supervising the administration of Intellectual Property services and the fostering of
innovation Industrial Property as defined
• Formulating Policies that contribute to the advancement of Namibia’s business by the BIPA Act, 2016 (Act
landscape
• Serving as the face of BIPA to the public, media, and other stakeholders. Effective
No.8 of 2016).
and transparent communication cultivates credibility, transparency, and public
confidence in BIPA’s endeavours.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 29
Secure your vision;
inspire the future
30 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
6.1 AUDIT, RISK AND INVESTIGATIONS MANAGEMENT
Audit, Risk and Investigations Management Division Team
6.1 Overview
In ensuring enhanced operational excellence, the Internal Audit, Risk, and Investigations in achieving its goals by applying a methodical and rigorous approach to assess and
department at BIPA assumes an independent and advisory role, to the Board Audit enhance the efficiency of risk management, control, and governance procedures, which
and Risk Committee, but equally so to management. This role contributes valuable is important to ensure BIPA remains effective and efficient in its service delivery to clients.
perspectives on the organization’s dedication to robust governance, risk reduction,
and ethical standards. The department further serves a critical function in aiding BIPA
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 31
6.2 Strategic objectives
• Strengthen regulatory compliance
• Enhance Risk Management and mitigation processes
• Optimize internal controls
• Improve Audit Efficiencies
• Ensure effective Board Management Services.
• Develop a risk-aware culture
• Supporting strategic decision making
6.3 Internal Audits conducted 2023/24
The internal audit function plays a crucial role in ensuring the integrity of our organisation’s operations
by providing independent, objective assurance and consulting services. Over the past year, internal
audits have focused on evaluating the effectiveness of governance, risk management, and internal
control processes across various departments. This continuous effort has allowed us to identify areas
for improvement, mitigate potential risks, and enhance operational efficiency. The results of these
audits have contributed to better decision-making and reinforced our commitment to accountability,
transparency, and compliance with regulatory requirements.
Audit Plan for the Year:
The audit plan for the upcoming year is designed to provide comprehensive coverage of high-risk areas
while aligning with our strategic objectives. It will focus on key operational, financial, and compliance
activities, ensuring that each audit delivers actionable insights.
Our approach will include both risk-based audits and periodic reviews, with ongoing follow-ups to
monitor the implementation of recommendations. This structured and proactive audit plan aims to
safeguard organisational assets and promote continuous improvement across all functions.
Metlem Kahona
Chief Internal Audit, Risks and Investigations
32 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
6.4.1 Major audit findings 6.4.2 Improvement of internal controls due to audit findings
In total 113 audit issues were raised, 95 (84%) were mitigated and closed whilst the Controls that were reviewed and enhanced in the operational area during the
remaining 18 (16%) are still open. Nine (9) 50% issues are current, while nine (9) 50% review period include:
issues are outstanding as they have passed their dates of implementation.
The implementation of the Audit, Compliance and Risk Management Plans, resulting
in the enforcement of compliance by ensuring that employees carry out processes in
accordance with set policies and procedures. The implementation of a checklist for all
new registrations to ensure that there are no missing documents in the files.
• Ensuring improved ICT Infrastructures.
94 • Strengthening measures to ensure staff wellness is maintained.
6.5 Investigation conducted 2023/24
50 During 2023/2024 financial year there were 7 investigation reports compiled
9 9
1 0 0
Category Number of reports
CLOSED Current 30 Days Over 60 Days Over 90 days Over 20 Days Over
Alleged forged signature 2
• Closed - Audit findings that has been resolved
• Current - Audit findings that are still not resolved and have not passed their
implementation due date.
Forged CC2 3
• 30 Days Over - Audit findings that are still not resolved and have passed their
implementation due date with 30 days.
• 60 Days Over - Audit findings that are still not resolved and have passed their
implementation due date with 60 days. CC1 not recorded on ICRS 1
• 90 Days Over - Audit findings that are still not resolved and have passed their
implementation due date with 90 days.
• 120 Days Over - Audit findings that are still not resolved and have passed their Converted entity type not updated on ICRS 1
implementation due date with 120 days.
Status - All the investigations are completed, and the recommendations are implemented.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 33
6.6 Risk Register status
At the end of the review period, there were a total of 19 corporate risks, 2 (10%) are in Compliance risks emerge when businesses fail to
progress, 14(74%) are planned, 2 (11%) remained behind schedule and 1 (5%) is final and
maintained.
meet regulatory requirements, and reputational
risks can result from negative publicity.
6.7 Status on closing of risk register
Risk Register Additionally, businesses must contend with market risks driven by external forces,
technology risks related to system vulnerabilities or cyberattacks, and environmental and
social risks associated with sustainability and societal expectations. Understanding and
managing these risks is crucial for long-term success.
Reputational
Risk Operational
Compliance 11% Risk
10 Risk 28%
0 11%
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Financial Risk
Behind Schedule In-progress Planned Final test and maintained
6%
For a more elaborative explanation on the above statuses, the below is important to
note. Risks with mitigation actions to be addressed on or before a target date falling in
2023/2024 FY were classified as in progress. Those that are ongoing or extended beyond
April 2024 are classified as planned. Risks behind schedule are because of mitigating Strategic Risk
actions not carried out on the target dates committed that have since lapsed. 44%
6.8 Types of Risks in an organisation
Organisations face a variety of risks that can impact their operations, financial stability,
and reputation. These risks are often categorized into different types, each posing
6.9 Fraud Hotline
unique challenges. Strategic risks arise from ineffective decision-making or failure to During 2022, BIPA developed a fraud awareness policy, that guides the organisation on
adapt to market changes. Operational risks stem from internal processes or systems, means and tools on how to improve fraud awareness, both internally, but equally so with
while financial risks relate to issues like cash flow management and market volatility. BIPA’s clients and stakeholders. The Fraud Hotline was one such awareness initiative
between BIPA and auditing firm, Deloitte. However, the Anonymous Fraud Hotline was
discontinued in December 2023, while BIPA reassess its tactics on the most impactful
awareness methods.
34 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
“Secure your vision;
inspire the future”
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 35
7 LEGAL & COMPLIANCE DEPARTMENT
7.1 Overview Two key legislative proposals reviewed during the reporting period are the Corporate
Laws Bill and the Copyright Bill, both of which underscore the Authority’s commitment to
The Department’s primary mandate is to serve and operate as an advisory function to the fostering economic growth and safeguarding intellectual property rights.
organisation. Some of the key activities handled by the Department includes drafting and
reviewing of contracts and Memorandum of Understandings, providing legal opinions to
both internal and external stakeholders, liaise with various Law Enforcement Agencies in 7.5.1 Corporate Laws Bill
providing documentation kept under the auspices of BIPA and assist Legal Practitioners
The Corporate Laws Bill represents a significant step towards modernising Namibia’s
representing the organisation.
business regulatory framework. As part of BIPA’s strategic objectives, the review of
corporate laws seeks to streamline business processes, enhance transparency, and
7.2 Strategic Objectives promote ease of doing business in the country. This legislative reform is geared toward
harmonising corporate governance practices with international standards, addressing
To develop and implement the Business and Intellectual Property Regulatory Framework, gaps in current laws, and introducing innovative regulatory mechanisms that cater to
namely the Copyright Bill and Corporate Law Bills. modern business practices.
7.3 Personnel Capacity 7.1.5.2 Key areas addressed by the Corporate Laws Bill include:
The Department during the 2023/2024 Financial Year comprised of two permanent Legal • Simplified Business Registration Processes: The bill proposes a more efficient
Officers, two temporary Legal Officers and one Paralegal Assistant. and technology-driven process for registering businesses, reducing bureaucratic
bottlenecks and supporting entrepreneurial activity.
7.4 Litigations Defended by BIPA • Corporate Governance: New provisions strengthening the governance
requirements for corporations, ensuring better accountability, transparency, and
In light of the High Court Judgement in the case of Xinfeng Investments (Pty) Ltd v Chief
protection for shareholders.
Executive Officer of Business and Intellectual Property (HC-MD-CIV-MOT-REV-2022/00330)
dated 02 September 2022, an affected party in the aforementioned judgement, filed a • Foreign Investment: The bill offers a more attractive framework for foreign
notice of appeal to the Supreme Court on 30 September 2022.The notice of appeal was investors by providing legal clarity and reducing red tape, supporting Namibia’s
served on all parties including the Registrar on 30 September 2022 to which BIPA’s legal ambition to attract international capital.
practitioners lodged a cross-appeal to the proceedings on 28 October 2022.
• Protection of Minority Shareholders: Enhanced mechanisms are introduced
to safeguard minority shareholders’ interests, preventing unfair treatment in
7.5 Legislative Reviews
corporate decision-making processes.
In alignment with its mandate to create an enabling legal environment for businesses and
the protection of intellectual property, the Business and Intellectual Property Authority This bill is expected to increase investor confidence, improve business operations, and
(BIPA) continues to drive legislative reforms that promote a robust regulatory framework. contribute to the overall economic competitiveness of Namibia.
36 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
7.1.3.2 Copyright Bill
The Copyright Bill forms part of BIPA’s broader effort to strengthen the intellectual property (IP) ecosystem in Namibia. Intellectual property protection is crucial for fostering innovation
and creativity, and this legislative reform is aimed at aligning Namibia’s copyright laws with the latest international treaties and standards, such as the Berne Convention and the World
Intellectual Property Organization (WIPO) Treaties.
By ensuring better protection for intellectual property rights, the Copyright Bill will promote creativity, innovation, and economic activity across multiple sectors, including arts, technology,
and media.
7.1.3 Memorandums of Understanding
Signed Memorandums of Understanding
The MoU serves as a framework for cooperation between the two
countries in the areas of promoting and developing their respective IP
regimes, enhance and strengthen bilateral exchange and cooperation in
Canadian Intellectual Property Office Signed by both parties as of 21 June 2023.
the field of IP and facilitating the development of technology, innovation,
entrepreneurship and economies, with a specific focus on green technology
and sustainability.
World Intellectual Property Organisation
Signed by both parties as of 29 September 2023.
(WIPO) on alternative dispute resolution
World Intellectual Property Organisation
Signed by both parties on 15 January 2024.
(WIPO) on the IPAS 4
MOU is aimed at strengthening information sharing and institutional
Namibian Revenue Agency (NamRA) Signed by both parties on 01 February 2024.
capacities.
7.1.3 Internal and External Compliance and related matters
• Mutual Evaluation Report
• Compliance Universe
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 37
“Strategic vision turns
innovation into opportunity”
38 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
8 BUSINESS STRATEGY DEPARTMENT
8.1 Overview departmental scorecards. Planning activities commenced on 09 October 2023 and
concluded on 10 November 2023.
The Business Strategy Division is responsible for driving and coordinating the
implementation of key strategic initiatives across the Authority and provide strategic However, BIPA experienced delays in the review and approval processes, which led to
insights necessary to improve the overall operational effectiveness of services as directed delays in submitting the ABFP to the line minister within the timelines stipulated in PEGA.
by the CEO. The Board-approved ABFP was finalised and submitted to the line minister in Quarter
1 of FY 2024/25. The ABFP serves as a business and financial management framework
for the execution of BIPA’s mandate and strategic goals, by specifying actions to achieve
8.2 Personnel Capacity the set strategic objectives outlined in the Authority’s Integrated Strategic Business Plan
(ISBP) for FY 2021/22 – FY 2025/26. For FY 2023/24, it served as a guide towards the
For the period under review, the Business Strategy department consisted of 1x
implementation of the third financial year of the ISBP.
permanent employee, whereas the position for an Administrative Assistant was vacant.
8.4 Planned projects for new FY
X1 Manager:
Business Strategy For FY 2024/25, the Division will coordinate the ongoing annual planning exercise, with
planning activities scheduled to commence in August 2024. The Division will further
Diana Katjiuongua undertake the Business Process Re-Engineering Project on behalf of the Office of the
CEO, which will be executed by an external consultant.
X1 Administrative
Assistant
Vacant The project, with an anticipated duration of 12
months and budgeted amount of N$ 1 million, is
expected to commence during Quarter 3 of
8.3 Projects Undertaken for FY 2023/24
FY 2024/25.
Annual Business and Financial Planning
The Business Strategy Office facilitated the annual planning workshops to develop the
Authority’s Annual Business and Financial Plan (ABFP) for FY 2024/25, in accordance 8.5 Challenges for FY 2023/24
with subsection 14. (1) of the Public Enterprises Governance Act (PEGA), 2019 (Act No.
Low personnel capacity – graduate programme will be utilised to enhance divisional
1 of 2019). The deliverables were the Annual Business and Financial Plan document
capacity.
for FY 2024/25, including the corporate scorecard, implementation plan matrix and
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 39
"Protect your ideas to
unlock their potential."
40 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.1 BUSINESS REGISTRATIONS SERVICES (BRS)
Business Registration Services Division Team
9.1.1 Overview
The role of the Business Registration Services Department is to facilitate and promote regional, international trade as well as domestic and foreign investment, relies heavily on
the efficient and effective registration of businesses and to keep and administer the a countries robust legal framework as it relates to the incorporation of legal persons. This
relevant registers. Business registration serves as a vital mechanism for legitimising often enhances confidence in the country and the business sector, thereby improving
commercial activities and fostering a conducive economic environment, Furthermore, the economic prospects of Namibia.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 41
DOMAIN NATIONAL LEGISLATION
Companies Act, 2004 (Act No 28 of 2004)
Provides for the establishment of the company
Companies Registrations registration office, appointment of the Registrar and
for the incorporation, management and liquidation of
companies and incidental matters.
Close Corporation Act, 1988 (Act No. 26 of 1988)
Provides for the establishment of the Close Corporation
registration office, appointment of the Registrar and
Close Corporation Registrations
formation, registration incorporation, management,
control, and liquidation of close corporations and for
matters connected herewith.
The Financial Intelligence Act, 2012 (act 13 of 2012)
In terms of Section 4, the Registrar of Companies and
Companies and Close Corporations Close Corporations annually collects and keeps accurate
and up-to-date prescribed information and report as
required.
Business registration serves as a vital
mechanism for legitimising commercial
activities and fostering a conducive
economic environment,
Raphael Likando
Executive: Business Registration Services
42 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.1.2 Operational Structure 9.1.3 Types of Business Entities Registered by the Authority
As a core operational department, it becomes critical to segment the functions and align The types of entities registered in line with the applicable laws are: Close Corporations
same with the requirements in law. As such, BIPA established four (4) streams within (CCs) and Companies. The form of business entity a client chooses will depend on five
the Business Registrations Department to ensure the execution of the relevant legal primary factors: legal structure of the entity, liability, taxation, record-keeping and
provisions for the establishment of legal persons: ongoing regulatory requirements after registration.
Stream 1: New Business Registration Division Below is a summary of the various types of business entities registered by BIPA
• Administers the registration of new Company applications. and the differences between the business entities:
• Administers the registration of new Close Corporations. 9.1.3.1 Close Corporations:
• Facilitates the registration Online business registrations.
The formation and registration of Close Corporations are in accordance with the Act
1988 and there is a minimum requirement of one with a maximum of ten members who
Stream 2: Maintenance and Compliance Division
own and manage the Close Corporation. The Corporation becomes a legal entity that is
• Administers the function of maintenance / amendments of existing Companies separate from its founding members, and it therefore provides the members of the CC
and Close Corporations. with limited liability as per section 2 (3) of the Close Corporation Act, 1988.
Stream 3: Annual Returns, Deregistration’s and Liquidations Division Ownership of the Corporation must add up to 100% and each member’s interest is
expressed as a percentage.
• Administers the deregistration, liquidation and restoration function of the
organisation.
Administers the Annual Return function of the organisation.
•
The CC is liable to pay taxes, and a member of a CC
Stream 4: Regional Business Registrations Division can be personally held liable for the losses of a CC if
• Administers the registration of businesses for regional clientele, including: the member acts carelessly, without skill.
• New Business Registration
Every member act as an agent of the CC and the
• Maintenance and Compliance
• Annual Returns, Deregistration’s and Liquidations
CC is bound by the members actions.
• Facilitating record requests and
• Dealing with general client enquiries
9.1.3.2 Companies:
As of 31 March 2024, the department’s personnel capacity stood at 34, comprising of:
A company is a more complex business structure and is a separate legal entity with
• 23 permanent employees, and certain rights, privileges, and liabilities beyond those of an individual. The owners of a
company are its shareholders who then elect directors to oversee operations as well as
• 11 graduates
to carry out major policy related tasks and make day to day decisions.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 43
The formal establishment and ongoing regulatory requirements are most complex for iii) Taxes and Liabilities
a company. When registering a company, there are certain statutory requirements,
extensive formalities and ongoing reporting requirements as set out in the Companies Registered business entities are required to have a Tax Identification Number (TIN) with
Act, 2004. The company has a life of its own and does not dissolve when ownership the Namibian Revenue Agency (NAMRA). This ensures compliance with legal standards
changes. Companies may be formed for profit or non-profit purposes and can assume for bookkeeping and accounting.
any of the following forms: iv) Reputation with Customers
• Private Company (Pty) Ltd - Limited to 50 shareholders Conducting business whilst not registered may create the impression to potential client
• Public Company (Ltd) – Unlimited shareholding options and creditors that the business is a “fly-by-night “operation and hence may not want to
• Non-Profit Association incorporated under Section 21. do business with such and individual. To establish trust with client’s and prospective
creditors, it is important for a business to be registered.
• Foreign (External) Companies
v) Eligibility to credit arrangement
A Company is a more complex structure and is a separate legal entity with certain rights,
privileges, and liabilities beyond those of an individual member. The owners of a company Having a registered business entity allows the entity to receive supplier discounts and
are the shareholders who then elect directors to oversee operations as well as to carry certain revolving credit facilities.
out major policy related tasks and make day to day decisions.
The formal establishment and ongoing regulatory requirements are most complex for
a company. When registering a company, there are certain statutory requirements,
extensive formalities and ongoing reporting requirements as set out in the Companies
Credit arrangements are especially important
Act. The company has a life of its own and does not dissolve when ownership changes. during times when a business is low on cash flow
and requires supplies to operate. Suppliers usually
9.1.4 Benefits of Owning A Registered Business
reserve wholesale and discount rates for
Registering a business with BIPA is a rewarding choice for prospective businesspeople
and there are several important benefits of formalizing your business structure. business owners who can show proof
i) Establishing a Business Bank Account of registration a business.
To open a business bank account: you need to provide proof that your business is
formally registered with BIPA. A business bank account is import for a business owner
as it ensures that they can separate their personal finances from those of the business.
When conducting business, it adds professionalism and credibility to their entity. vi) Eligibility for Tenders and Contracts
ii) Access to finance Registered businesses become eligible to apply for tenders, and contracts with
Government and other public entities. To bid for a tender or a contract, proof of business
Prospective lenders and investors often require proof of business registration along with registration is one of the first requirements.
other application requirements before approving a business loan or investing in such a
business.
44 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.1.4.1 Strategic BRS initiatives
During the reporting period, the department was tasked with several strategic initiatives meant to achieve the following objectives:
Initiative Key Activity Update
Ensure reputable business environment Create effective and balanced legal framework by Draft Bill in place. In progress.
developing a new Business Law
Enhancement of processes Improved turnaround times by ensuring that average Achieved. However, ICRS data does not provide
business registration applications are processed an accurate measure of the turnaround time giv-
within 8 days for companies and 7 days for close en that it does not discount between new appli-
corporations. cations and resubmissions.
Improved customer satisfaction Achieve 75% Customer Satisfaction with BR Services Achieved.
Improved Stakeholder Relationships Participate in stakeholder engagements Achieved.
Enhance Corporate Governance and Risk Management Ensure 80% auditing mitigating actions Implemented Achieved.
9.1.5 Business Registration Statistics Due to the nature of the application type, whether for approval of whether for notice to
the registrar, the total applications over a specific year will not equal total registrations of
9.1.5.1 Transactions processed for the 2023/24 Financial Year new legal entities.
For the period under review, BIPA received various applications, depending on how
registered entities opt to transact. These applications can vary from new applications for 10.1.5.2 Total Registrations for the Financial Year 2023/24 (Overall)
registration of CC’s and Companies, to amendment or maintenance of existing businesses.
BIPA also received applications for the protection and registration of Intellectual Property For the reporting period, BIPA registered a total of 11,073 businesses, compared to
Rights. During the period 01 April 2023 to 31 March 2024, the Authority recorded a total 12,577 for the FY 2022/23 financial period, representing a 12% decline in the number of
of 208 ,437 applications on the Integrated Companies Registration System (ICRS), through businesses registered during 2023/24, compared to the 2022/23 financial year, as can
all service streams, representing a 24% increase in the total number of applications be seen in the table below:
received during the current review period, compared to the previous financial year.
Total registration for 2023/2024 FY (Overall per Quarter)
Organization Type Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total %per business category
Section 21 71 75 53 48 247 2%
Close Corporation 2,836 2,410 2,208 2,195 9,649 87%
Company 354 271 264 264 1,153 10%
Defensive Name 2 3 2 2 9 0%
Foreign Entities 4 4 3 4 15 0%
Total: 3,267 2,763 2,530 2,513 11,073 100%
Table 1: Total Approved Registrations for the FY 2023/24
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 45
Comparing the total registration received during the 2022/23 financial year which The below table indicates the split between the registrations received through the Head
amounted to 12, 577, with the total registration for this reporting period of 11, 073, it Office in Windhoek and the registrations received through Walvis Bay.
shows a decline in new registration of 11.96% within all registration categories.
It is important to note that applications are received through different streams, namely
the BIPA Head Office in Windhoek and the regions, including BIPA Walvis Bay office.
Total combined registrations for Windhoek and Walvis Bay
Total registrations for 2023/24 Total registrations received through Total registrations received through
Organisation Type
FY (Overall) Windhoek Walvis Bay
Section 21 247 228 19
Close Corporation 9,649 8,454 1,195
Company 1,153 1,066 87
Defensive Name 9 9 0
Foreign Entities 15 15 0
Total: 11,073 9,772 1,301
Total applications received in Windhoek
Entity Type Total Per entity type % Processed against Receipts
Section 21 228 2%
Close Corporation 8,454 87%
Company 1,066 11%
Defensive Name 9 0%
Foreign Entities 15 0%
Total: 9,772
Total processed registrations through head office for the FY 2023/2024
46 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
During the year under review, the regional business registrations section received a The regional business registrations section played a crucial role in expanding access to
mixture of applications from the regions as well as the BIPA offices in Walvis Bay. The registration services beyond central locations during the 2023/2024 financial year. The
statistics presented below provide an overview of registrations facilitated by the regional data below provides an overview of registrations facilitated through the regional stream,
stream during the 2023/2024 financial year, which represents 12% of the overall contributing 12% of the total registrations for the year. This underscores the importance
registrations for the financial year: of regional offices in driving economic participation and business formalisation across
the country.
Total applications received in Walvis Bay office
Entity Type Number registered Percentage
Section 21 19 1%
Close Corporation 1,195 92%
Company 87 7%
Defensive Name 0 0
Foreign Entities 0 0
Total: 1,301
Total registrations through Walvis Bay for the FY 2023/2024
9.1.5.3 Deregistration’s, Restorations, Dissolutions/Liquidations carried out during
the 2023/24 Financial Year
During the 2023/24 financial year, BIPA processed a total of 662 deregistration’s, the 2022/23 financial year, BIPA received 14% less applications for de-registrations,
liquidations, and restorations in the different business categories. In comparison with liquidations, and restorations.
Matrix of Deregistration’s, Dissolutions/Liquidations and Restorations 2022/23 2023/24 % Variance
Companies Deregistered 273 143 -48%
Close Corporations Deregistered 471 383 -18%
Section 21 Deregistered 6 5 -16%
Foreign Companies Deregistered 2 5 150%
Dissolutions (Liquidations) 16 124 675%
Restorations 8 5 -12%
Total 776 662 -14%
Total Deregistration’s Dissolutions/Liquidations and Restorations for the FY2023/24
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 47
9.1.5.4 Maintenance/Amendment Statistics
Close Corporations Maintenance carried out during the 2023/24 financial year. but through the court and BIPA only manually acknowledges the receipt of voluntary
wound up entities and facilitates the publication thereof in the Government Gazette.
It is important to note that the voluntary winding up of entities is not approved by BIPA,
CC maintenance applications Received Approved % Processed against receipts
CC2 Maintenance 2,534 2,144 84%
Financial Year end Changes (CC9) 177 126 71%
Restorations (CC3) 6 5 62%
Conversions (CC4) 0 0 0%
Court Orders (CC5) 0 0 0%
Voluntary winding -up (CC6) 84 84 100%
Total Maintenance 2,801 2,270 81%
Close Corporation maintenance for the FY2023/24.
During the reporting period, a total of 6,405 company maintenance applications were documentation provided by applicants, which leads to delays in the approval process
submitted for processing. Out of these, 3,798 applications were successfully approved, as additional information or corrections are often required. Another contributing factor
representing 59% of the total applications. This approval rate reflects the efficiency and could be non-compliance with regulatory requirements, such as outdated company
commitment of the processing teams in managing the company maintenance work information or failure to meet necessary legal standards.
stream.
In some cases, applications were held up due to administrative backlogs and resource
However, 41% of the applications (2,607) were not processed or approved during this constraints, particularly during periods of high application volumes.
period. Several factors could account for this. A common reason is incomplete or incorrect
48 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Company maintenance applications Received Approved % Processed against receipts
Certificate of consolidation of articles (CM10) 5 0 0%
Increase of capital of shares (CM11) 35 13 37%
Registration of a special resolution to approve the acquisition of shares (CM14) 36 3 8%
Lodgement of allotment of shares (CM15) 230 51 22%
Lodgement of allotment of shares (CM16) 8 1 13%
Application for extension of time (CM17) 26 18 69%
Redeeming of redeemable preference shares (CM19) 17 0 0%
Registration of special resolution (CM26) 836 620 74%
Register of directors, officers, auditors, and secretaries (CM29) 4840 2781 57%
Maintenance Financial year-end changes (CM32) 372 311 84%
Total 6405 3798 59%
Companies’ maintenance for the FY 2023/24
9.1.5.5 Annual Returns and Duties
Annual Returns is a post-registration obligation for both Companies and Close Business entities that either fail to meet their annual return and duty obligations, incurs
Corporations. The law requires that all Companies should by the end of their financial penalties and late fees for those that lodge their returns after the statutory due date. The
year, but no later than one month thereafter, submit to BIPA an annual return and make penalties are provided for under the two laws under section 181 of the Companies Act,
payment of the associated fees. 2004 and Section 26 of the Close Corporations Act, 1988.
Annual duty revenue has been one of the main revenue streams for the Authority. The below table indicates the Annual Returns received and processed during the financial
Therefore, ensuring compliance by businesses to this obligation is critical to ensure BIPA year under review, specifically for the financial year 2023/24.
is able to remain a going concern and is able to execute its mandate effectively.
Companies (CM) and Close Corporations maintenance applications Received Processed % Processed against receipts
Maintenance Annual Returns (CC7) 122,840 40,596 33%
Maintenance Annual Returns (CM23) 17,859 10,413 58%
Maintenance Annual Returns (CM23B) 8,087 - -
Total applications 148,786 51,009 34%
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 49
The BIPA Board, in concurrence with the Minister of Industrialization and Trade, as well This mean that BIPA would waive all penalties, as referred herein above, on condition
as with the endorsement of the Namibian Cabinet, launched the Annual Duty Penalty that the participating entity pays their capital amount for each year of non-payment.
Waiver Programme on 15 November 2023. The waiver programme was started with the The below table indicates the Annual Returns received and processed during the Annual
objective of providing relief to all businesses that were not able to fulfil their annual duty Duty Penalty Waiver (15 Nov 2023 – 31 March 2024)
obligation between the period 2012 – 2022.
CY maintenance applications Applications received Processed % Processed against receipts
Maintenance Annual Returns (CC7) 90,691 15,136 17%
Maintenance Annual Returns (CM23) 7,325 1,580 22%
Maintenance Annual Returns (CM23B) 6,147 - -
Total applications 104,163 16,716 16%
Annual duties and returns lodge during the waiver period.
9.1.5.6 Number of Registrars’ Notices issued
The following Registrar’s Directives (RD)/Notices were issued during the reporting period:
Directive/Notice Number & Date of Issue Title Contents of Directive/Notice
1. RD – 1 of 2023 Implementation of mandatory Beneficial Ownership (BO) Directive introduced the requirement to lodge mandatory BO
information forms with the Business and Intellectual information forms and the instances when BO should be submitted
( 24 July 2024
Property Authority (BIPA) to BIPA.
2. RD – 2 of 2023 Compliance obligation on submission of proof of Directive to submit the necessary documentation to the Registrar in a
resignation and/or removal of Accounting Officer of a close timely manner in circumstances explained in the Registrars Directive.
(02 October 2023)
corporation
3. RD – 1 of 2024 Notice in terms of Section 122A (11) of the Companies Act, Entities are directed to file with the Registrar the information in terms
2004 (Act No.28 of 2004) and Section 16A (11) of the Close of Section 122A (3) of the Companies Act, 2004 and section 16A of the
(07 January 2024)
Corporation Act, 1988 (Act. 26 of 1988) as amended. Close Corporation Act within seven (7) working days from the date of
this directive.
4. RD – 2 of 2024 Advance lodgement of Annual Returns contrary to Effective from 01 February 2024, no company or their representatives
provisions of the law regulating Companies and Close may submit their annual return in advance of the conclusion of their
(30 January 2024)
Corporations financial year.
5. RD – 3 of 2024 Clarification Note and directive for immediate compulsory The Registrar has issued Directive 03 of 2024 to inform stakeholders of
submission of Beneficial Ownership information to the the introduction and implementation of revised business registration
(30 January 2024)
Business and Intellectual Property Authority forms effective 1 May 2024. These new forms aim to improve efficiency,
enhance data accuracy, and align with ongoing digitization efforts at
BIPA.
50 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
6. RD – 4 of 2024 Administrative sanctions issued to non-compliant All entities listed on the Inactive list are hereby directed to file with the
companies and close corporations in respect of Beneficial Registrar the Beneficial Ownership
(01 March 2024)
Ownership lodgement
Information within seven (7) working days from the date of this direc-
tive.
7. RD – 5 of 2024 Administrative sanctions issued to non-compliant All entities with a February 2024 financial year-end that have not lodged
companies and close corporations with a February Year- their BO’s have now been added to
(02 April 2024)
end in respect of Beneficial Ownership lodgement.
the Inactive List and are hereby directed to file with the Registrar the
Beneficial Ownership Information
within seven (7) working days from the date of this directive.
8. RD – 7 of 2024 Administrative sanctions issued to non-compliant All entities with an April 2024 financial year-end that have not lodged
companies and close corporations with an April Year-end their BO’s have now been added.
(03 June 2024) in respect of Beneficial Ownership lodgement.
to the Inactive List and are hereby directed to file with the Registrar the
Beneficial Ownership Information
within seven (7) working days from the date of this directive.
9.1.5.7 Operations and strategic challenges during the financial year • The current legislation requires a paper-based registration processes, while the
world has advanced technologically. This challenge is being addressed through
• One of the strategic initiatives of BIPA Corporate Strategy is to enhance process the Corporate Law Review Project which aims, among others, to promote/
optimisation through reducing the turn-around times of new applications. support the use and application of new technologies to ease interaction with
• Management is acutely aware that turn-around times were impacted by added BIPA, and to improve the ease of doing business in Namibia.
workload resulting from the Annual Duty Penalty Waiver Project. To address • The department is understaffed with fewer employees that need to effectively
this challenge, BIPA has initiated the procurement of an Integrated Business carry out the department’s operations. This can have significant implications on
Registry System (iBRS) to digitise the registration process, thereby improving productivity, efficiency, quality of service and employee well-being.
operational efficiency and turn-around time.
• Beneficial Ownership (BO) process attached to the processing of business 9.1.5.8 Strategic Projects planned for the new FY 2023/24
registration applications and annual returns makes it not possible to process
applications even when errors are only on the BO Forms, impacting turnaround • Review the Companies Act and Close Corporation Act (New Companies Bill)
time of the actual applications. Key impediments to reducing turn-around times under the Corporate Law review project.
have been attributed to an outdated ICRS system which does not provide an
• Procurement of an Integrated Business Registration System (iBRS) to ensure a
accurate measure of the turnaround time as it does not discount between new
digitised business registration process.
applications and resubmissions.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 51
9.2 INTELLECTUAL PROPERTY
Intellectual Property Division Team
9.2.1 Overview
The Intellectual Property Services Department is mandated with the registration and The department’s primary objective is to deliver effective and efficient services to BIPA
granting of Intellectual Property Rights in Namibia. Additionally, the department actively clients by administering and registering IP rights. Furthermore, the department strives
promotes the generation, utilisation, commercialisation, and protection of intellectual to cultivate an IP-conscious society through targeted stakeholder engagements and
property (IP), while contributing to the development of IP legal frameworks at the the active participation in the development and improvement of IP legal frameworks on
domestic, regional, and international levels. national, regional, and international platforms.
52 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Due to Namibia’s proximity and access to the Therefore, over the past years, Trademarks
region and the world, the country continues to generally continue to represent a major part of
attract applicants from across the world through all IP registrations, accounting for 80.64%.. The
regional and international IP systems through remainder 19.36% comprises other IP domains.
various international organisations such as the
World Intellectual Property Organisation (WIPO) During the 2023/24 review period, BIPA received
and the African Regional Intellectual Property 2,402 applications, with trademarks accounting
Organisation (ARIPO), individuals and companies for 70.73%, patents for 20.02%, and copyrights
designate Namibia as a preferred country to and industrial designs for 9.25%.
protect their intellectual property assets, as
Namibia continues to grow in market size and
improvements in the digital transformation 9.2.2 Legal IP Framework
landscape, which make the country very
competitive and worth the designations. Section 5 (2) (d) of the BIPA Act, 2016 provides
that BIPA may represent Namibia as a member
to international organisations. As a member to
these international bodies, Namibia has over the
For the period under years become signatory to various agreements,
review, a total of 2,402 treaties and protocols. Below the treaties are
categorised and the status of ratification is
Intellectual Property Rights indicated.
have been registered
in Namibia.
During the past years, data have indicated that
amongst all IP rights, Trademarks continue to be
the most popular IP right for Namibia.
Ainna Kaundu
Executive: Intellectual Property
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 53
Domain National legislation Regional instrument International instrument
Lusaka Agreement on the Creation
Business & Intellectual Property Authority Act, Convention Establishing the World Intellectual Property
Intellectual Property Rights of the African Regional Intellectual
2016 (Act 8 of 2016) Organization
Property Organization (ARIPO)
Paris Convention for the Protection of Industrial Property
(WIPO).
Trade-Related Aspects of Intellectual Property Rights
(WTO).
Banjul Protocol on Marks (ARIPO).
Industrial Property Rights Madrid Agreement Concerning the International
(Trademarks, Industrial Designs, Registration of Marks (WIPO).
Patents & Utility Models) Industrial Property Act, 2012 (Act No 1 of 2012) Harare Protocol on Patents and
Industrial Designs (ARIPO)
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)
Berne Convention (WIPO)
Swakopmund Protocol on the
Copyright and Neighbouring Rights Protection
Copyright and Related Rights Protection of Traditional Knowledge
Act, 1994 (Act No. 6 of 1994)
and Expressions of Folklore (ARIPO) Trade-Related Aspects of Intellectual Property Rights
(WTO)
54 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.2.3 Strategic objectives
The department’s efforts to maintain a strong intellectual property ecosystem and reject such applications. A total of 2,402 applications were received under IPR’s, which
support long-term business success were a priority during the reporting year. To ensure represents a significant decrease of 28.34% compared to the 3,352 applications received
that BIPA continues to drive the value of IP, the below targeted activities were developed in the previous financial year (2022/2023).
to drive the IP agenda.
This downward trend can be attributed to several factors, including the post-COVID
• Continuously establish a reputable IP environment landscape. Two years prior, there was a surge in filings as individuals and companies
introduced various solutions aimed at addressing challenges brought about by COVID-19.
• Strengthen capacity building on IP enforcements within the country Another factor of the overall decrease of IP rights filings may still be the low level of
awareness on IP rights and how business, specifically small business owners can protect
• Streamlining the IP registration processes
their works.
• Improved administration of IP rights BIPA is dedicated to processing intellectual property applications promptly and efficiently,
enabling individuals and businesses to protect their intangible assets and take action
against infringement. BIPA remains cognisant that a lot more has to be done to increase
9.2.4 Applications, Registrations, and Rejections
awareness on IP rights, including IP filings which will ultimately enhance innovation and
The IPS department as a core function within the Authority, is tasked to receive economic development in Namibia. The applications performance for FY 23/24 are as
applications for Intellectual Property Rights, examine and subsequently register or follows:
Domain National PCT/Harare Banjul Hague Madrid Total
Patents 13 468 - - - 481
Trademarks 875 - 357 - 467 1, 699
Copyright 94 - - - - 94
Industrial Designs 19 38 69 - 126
Utility Models 2 - - - - 2
Total 1, 003 506 357 69 467 2,402
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 55
IP Applications 2022/2023 vs 2023/2024 IP Application Distribution by Route
International, 536
National, 1003
International
Regional
Regional, 863 National
2023/2024 2022/2023
9.2.5 Applications distribution per IP domain
9.2.5 IP Applications Distribution – Regional or International
IP applications equally perform differently based on their domain. The performance
As a member of various bodies, Namibia received applications for designation from
of the domains are as follows:
these regional and international organisations. These are categorized as regional and
international filing routes. However, national applications also account for total IPR’s and As indicated herein a below, Trademarks accounted for majority of applications,
is therefore referred to as the national route. representing 70.73% of the total IP applications received between 01 April 2023 to 31
March 2024. Patents constituted 20.02% of the applications, indicating a significant
From the total of approximately 2,402 IP rights applications received, 58.2% of the
interest in protecting inventions and technological advancements. The remaining 9.25%
applications were submitted through the regional and international routes, while the
of applications belonged to other IP domains, including copyrights, utility models and
remaining 41.8% were received via the national route. Regional and International routes
industrial designs.
have historically shown to be better performing routes (collectively) if compared with the
national route.
P IP Domain Distribution
This may primarily be due to large multi-national and bigger corporations having the
means to file in the various countries. National route applications have shown to make
UTILITY MODEL 2
some traction, however, due to a lack of awareness, lack of improved innovation and
reduced economic activity in certain period, this route remain the lower performing from
INDUSTRIAL DESIGNS 126
the three.
During the next financial year, BIPA is actively working towards implementing the IP COPYRIGHT 94
revenue strategy which will equally address challenges of awareness and access to IP
services. In doing this, BIPA seeks to foster a stronger intellectual property culture and TRADMARKS 1699
stimulate greater engagement with the national route, ultimately contributing to a more
vibrant and innovative economy in Namibia. PATENTS 481
0 200 400 600 800 1000 1200 1400 1600 1800
56 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.2.5.1 Patent Applications year-on-year comparisons
Patent filing by route 2022/2023
The number of patent applications recorded for the 2023/2024 financial year showed 500 97.3%
a significant decline with a total of 481 patent applications received. This represents a 450
decline of 50.16% in patent applications from the previous financial year. 400
This decline is largely due to a stagnation in innovation within the industry, which has 350
been significantly impacted by the country’s economic volatility. The looming grey-listing 300
status also posed reputational risks that make the country less appealing to investors, as 250
it signals potential challenges with regulatory compliance and financial transparency. As a 200
result, foreign and local investors alike may hesitate to commit resources to new projects 150
or innovative ventures, leading to a slowdown in industry advancements and reducing 100
the overall competitiveness of the country’s market. 50 2.7%
National Regional (ARIPO)
Patent Application 2022/2023 and 2023/2024
9.6.2 Trademark applications
A total of 1,699 trademark applications were received. This represents a 19.13% decrease
481 in applications compared to the previous financial year.
Trademark Applications
0 200 400 600 800 1000
2023/2024 2022/2023
9.2.5.2 Patents Filing route
During the financial year, the majority of patent applications received, totalling 468, were
submitted through international channels. In contrast, only 13 applications were filed
domestically. This indicates a strong interest in intellectual property protection from 0 500 1000 1500 2000 2500
global applicants and a limited number of domestic inventors seeking patent rights in
2023/2024 2022/2023
Namibia. To foster innovation and stimulate domestic patent applications, Namibia’s
innovation ecosystem requires substantial investment moving forward.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 57
9.6.2.1 Trademarks Filing route
Industrial Design Applications
Out of the 1,699 trademark applications received during the 2023/2024 financial year,
most of the applications, amounting to 51.50%, were submitted through the national
filing route.
On the other hand, 21.01% and 27.49% of trademark applications were filed through the 126
regional and international routes respectively.
Trademark Filing by Route 2023/2024
0 50 100 150 200
International
27.49% 2023/2024 2022/2023
National
Regional 51.50%
21.01%
9.6.3.1 Industrial Designs Filing route
During the reporting period, BIPA received a total of 192 applications for industrial
designs. Of these, 69 were filed internationally, 38 regionally, and 19 nationally. This data
National Regional International
indicates a significant reliance on international and regional filing routes for industrial
design protection in Namibia. Additionally, the relatively low number of industrial design
applications filed domestically suggests that Namibia’s innovation ecosystem may be
facing challenges in stimulating local design activity.
9.6.3 Industrial Designs applications
Industrial Designs is the third best performing IP domain over the last year. Data indicates 9.6.4 Utility Model Applications
that a total of 126 applications for designs were received during this financial year,
representing a decrease of 34.37% from the previous financial year. Utility models, often referred to as petty patents, are a type of intellectual property
right that provide protection for inventions. They are similar to traditional patents but
generally offer a more streamlined and cost-effective option, particularly for smaller-scale
innovations. In the case of Namibia, a utility model right is valid only for 7years compared
to a pent which is only renewed after 20 years.
There is no international framework for the registration of Utility Models. During the
period under review, BIPA did not receive any regional and international applications
for Utility Models. However, 4 applications were received through the national route,
indicating a national interest in protecting Utility Models in the Namibian market.
9.6.5 Copyright Applications
58 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Voluntary copyright registration remains low within Namibia. Although data shows a during 2023/24
slight increase in new applications for this review period, a major creative industry market
exists to move the numbers upwards. For the period 2023/24, 94 copyright applications BIPA has undertaken several projects during the fiscal year 2023/24 to enhance the
we recorded, which shows a slightly significant increase compared to 62 applications intellectual property landscape. Progress updates on these projects are as follows:
received in the previous financial year. This shows a positive trend in the protection of 1. Development of the New Copyright Legal Framework
creative works nationally.
The Business and Intellectual Property Authority (BIPA) received the anticipated legal
opinion on the draft Copyright Bill and recommendations from the Office of the Attorney-
9.6.6 IP Bulletin Publications General. The Attorney-General’s overall opinion is that the draft Bill contains admirable
To ensure transparency and allow for challenges, the Industrial Property Act stipulates and world-leading efforts to ensure improved copyright protection in Namibia.
that all granted and registered IP rights must be published in the BIPA Bulletin. This Furthermore, during the reporting period, BIPA initiated the ratification process of the
information is disseminated to both the public and intellectual property agents. A total of World Intellectual Property Organization (WIPO) copyright treaties including the WIPO
1,050 IP Rights applications were published in the IP Bulletin across different IP domains Copyright Treaty (WCT), WIPO Performances and Phonograms Treaty (WPPT), Marrakesh
as follows: Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually
Trademarks accounted for most applications published during the period, at 97.3%. Impaired, or Otherwise Print Disabled and Beijing Treaty on Audio-visual Performances.
Restorations constituted 0.95% of the applications published, indicating an interest in The proposal to ratify four WIPO Copyright
treaties has been submitted to the Ministry of
Industrialisation and Trade for consideration
Publications Per Domain and submission to the Cabinet.
1022 2. Establishment of the Industrial Property
Tribunal
600 In line with the Industrial Property Act, Act
1/2012, BIPA established the Industrial Property
Tribunal a specialised dispute resolution
200 10 5 3 9 1 mechanism for Intellectual Property Rights
0 (IPRs), covering Trademarks, Patents, Industrial
KS AT NS TS NT LS Design, and Utility Models in Namibia. The
IO EN S OD
primary objective is to streamline the resolution
EM NS SI G PA E
AR DE DM TE M
ST
of Industrial Property disputes and encourage
AD OR EN TY
TR RE AM IL I
UT
the enforcement of Intellectual Property Rights
by the rights holders.
restoring expired marks. The remaining 1.75% of applications published were allocated During the financial year, the Industrial Property Tribunal rules were finalized and gazetted
to other IP domains, including patents, utility models and industrial designs, amendments. on 29 April 2023. These rules provide comprehensive guidelines and procedures for
theTribunal’s operations.
The functions of the Tribunal are currently carried out by designated judges of the
9.6.8 Projects undertaken by the Intellectual Property Services (IPS) Department High Court assigned by the Judge-President in terms of Section 215 (4) of the IP Act
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 59
at the request of the Minister. women entrepreneurs in Namibia, in the area of intellectual property and its importance
in business growth. The project included a training program followed by a mentorship
program, training materials, networking opportunities, and assessments to measure the
impact of the training.
BIPA also developed a draft Proposal for the establishment of the Independent
Tribunal and its Operationalisation Plan.
3. Namibian Women Entrepreneurs project On 21 November 2023, coinciding with the visit to Namibia by the WIPO Director General,
The “Namibian Women Entrepreneurs: From Generation to Commercialisation of WIPO officially handed over the Project to the Republic of Namibia through the Ministry of
Intellectual Property Assets Project” aimed at empowering women entrepreneurs in Gender of Equality, Poverty Eradication and Social Welfare.
Namibia with the knowledge, skills, and support on the need to identify and protect their
intellectual property (IP) assets, navigate the IP registration process, leverage them for 4. Celebration of the World Intellectual Property Day
business growth, and ultimately guide them in the commercialisation of their IP assets.
World IP Day is an annual event celebrated on the 26th of April to raise awareness
The project was led by the Business and Intellectual Property Authority (BIPA) in partnership about intellectual property (IP) rights. BIPA led Namibia in joining the rest of the world
with the World Intellectual Property Organisation (WIPO) and empowered 50 women to celebrate the event under the theme “Women and IP: Accelerating Innovation and
entrepreneurs from all 14 regions of Namibia. The project was initiated following a visit by Creativity.” The focus was to celebrate the “can do” attitude of women inventors, creators,
the Deputy Prime Minister and Minister of International Relations and Cooperation, Hon. and entrepreneurs and their ground-breaking work in science, engineering, technology,
Netumbo Nandi-Ndaitwah to WIPO. and business.
To this end, BIPA held several events from 25 – 27 April 2023, to celebrate World IP Day in
As part of the project, training sessions were held in hybrid format (i.e., online and onsite). Otjiwarongo, Otjozondjupa Region. These events included:
The two onsite training workshops were held in Otjiwarongo in Otjozondjupa Region and
Windhoek in the Khomas Region respectively. Roadshow: under the banner: “Otjiwarongo are you excited?”
The project aimed to address a significant gap in knowledge and provide support to The roadshow marked the exciting beginning of the World IP Day celebration in
60 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Otjiwarongo on 25th April 2023. This event kicked off with a procession through the main 6. BIPA IP Business Strategy
street of Otjiwarongo and included IP-related displays and interactive exhibits at the
Ministry of Industrialisation and Trade. The roadshow attracted more than 30 business During the reporting period, the Intellectual Property Business Strategy was approved
communities as well as 61 Teachers and Learners from Vooruit, Orwetoveni, Karundu, by the Board. The strategy aims at improving intellectual property operations, thereby
and Rogate Primary Schools, and staff members from the Ministry of Education, Arts, and ensuring the effective execution of BIPA mandate in as far as it relates to IPR’s. The
Culture. strategy will be implemented for three years commencing 1 April 2024.
The highlight of the roadshow was the impressive art exhibition by the children,
7. Consolidation of IP Fees
To enhance efficiency and improve customer experience, BIPA drafted a proposal which
seeks to consolidate basic Intellectual Property fees into a single fee. The proposal has
been submitted to the Minister for consideration and approval in principle.The proposed
amendment does not increase the fees but combines the process into a single process.
A consolidation of three single fees into one
basic service fee will improve efficiencies
and enhance the customer experience with
BIPA.
The proposal involves amending the
fee schedule of the Industrial Property
Act Regulations by consolidating the
application, publication, and registration
fees as prescribed.
showcasing their creativity and celebrating World IP Day. Additionally, the learners had 8. BIPA Knowledge-Based Economy
the opportunity to answer questions related to intellectual property, with prizes awarded Concept (KBE-C)
to those who answered correctly, encouraging their engagement and knowledge on the BIPA undertook an initiative to develop the
subject. BIPA Knowledge-Based Economy Concept
(KBE-C), a comprehensive framework aimed
5. Capacity Building for Police Officers at transforming BIPA into a Knowledge-
Based Organization (KBO) and contributing
To cap off the World IP Day celebrations, a training session was held at the Otjiwarongo towards the growth of a knowledge-based
Crocodile Farm for police officers on April 27, 2023. The training was attended by 43 economy in Namibia.
Police Officers from various towns in the Otjozondjupa region, including Okakarara,
Otavi, Grootfontein, Okahandja, Otjiwarongo. The project was initiated in 2022, and BIPA worked collaboratively with esteemed partners
including WIPO, the Bank of Namibia, and African Development Bank banks to shape
The primary aim of this intensive program was to equip police officers with the knowledge and refine the concept. The Concept Paper is titled: The Role of BIPA towards Building
to proficiently handle cases involving intellectual property crimes. a Knowledge-Based Economy. To lead the transformation journey, BIPA has appointed
KBE activators, comprised of BIPA staff.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 61
9. The Protection of Plant Varieties NIPPS, aims to achieve 14 objectives, including ensuring the effective enforcement of
intellectual property rights, raising awareness about IP, strengthening the creative
Plant variety protection is a form of Intellectual Property Rights granted to the breeder industry, and promoting the use of intellectual property in sectors where Namibia
of a new plant variety. It occupies a significant position at the intersection of intellectual possesses comparative and competitive advantages.
property and agriculture. To this end, BIPA developed a paper on Namibia’s position
regarding the protection of PVP through the IP system and same has been submitted to During the reporting period, BIPA, supported by WIPO, commenced with the assessment
the Minister of Industrialisation and Trade for consideration and direction. of the Policy implementation and impact. The assessment will inform the position on the
way forward, as per the below:
10. Protection of Geographical Indications in Namibia
1. In keeping with the implementation of the Policy, BIPA conducted three studies
The current legal system in Namibia for the protection of Geographical Indications (GIs) focuses on different subject as follows: Intellectual Property as A tool to Enhance
is specified in section 187(2) of the Industrial Property Act, 2012 which recognises the Competitiveness in Africa Continental Free Trade Area (AfCFTA): A Perceptive of
protection of GIs as certification or collective trademarks. Namibian SMEs
Therefore, to better understand the significance and impact of GI’s in Namibia as a 2. The role of The Business and Intellectual Property Authority (BIPA) in promoting
country rich on tourism and natural resources, BIPA deemed it necessary to developed effective enforcement of Intellectual Property Rights in Namibia
a paper on Namibia’s position regarding the protection of GIs through the introduction
of a sui generis system. This will require the development of a new law to promote the 3. Factors influencing the Commercialisation of Intellectual Property Rights among
efficient operations of intellectual property in line with BIPA’s mandate as per Section 5 Researchers at Namibian Public Universities.
(1)(j) of the BIPA Act. The paper was submitted to the Minister of Industrialisation and
The studies are aimed at providing evidence-based insight to policymakers in continuous
Trade, for consideration.
improving of the Namibian IP landscape.
11. Deliver Service Excellence Through Modernization of Administration of BIPA further held consultative engagements with the Namibia Training Authority and the
IP Rights Protection Ministry of Education Art and Culture aimed at facilitating the inclusion of Intellectual
Property components into the curriculum.
Automation remains a key strategy to drive efficiency, and in this space, BIPA and WIPO
signed a Memorandum of Understanding (MoU) to upgrade the Industrial Property
13. BIPA Mediation Centre (BIPA-MC)
Administration System (IPAS) to improve system functionality. Additionally, BIPA
introduced an online filing system to administer the registration of IP Rights, a system During the reporting period, BIPA developed a proposal to establish a mediation centre.
developed in cooperation with WIPO. The centre will serve as the primary platform for stakeholders to seek negotiation and
conciliation on disputes related to business names and Intellectual Property Rights before
considering adjudication in IP tribunals or courts. The establishment of a mediation
12. The National Intellectual Property Policy Strategy (NIPPS)
centre is in line with the BIPA mandate as articulated in the BIPA Act, 2016 (No. 8 of
The National Intellectual Property Policy and Strategy (NIPPS), with effect from 2019 until 2016) to facilitate voluntary resolutions of disputes between parties. This upon request
2024, was created to: on any matter relating to its enabling legislation or the applicable legislation, but may not
intervene or adjudicate on said disputes. Moreover, it is another way for BIPA to avail
• Promote the use of intellectual property. minimum standards for enforcement of Intellectual property rights.
• Ensure intellectual property is integrated into Namibia’s development strategies. BIPA drafted the Mediation Rules of the centre and appointed seventeen (17) staff
members to the Pool of Mediators. Additionally, BIPA in collaboration with the WIPO has
• Provide guidance in strengthening the IP legal framework.
commenced the training programme for mediators, the training programme aimed at
• Prevent the loss of valuable assets and the absence of benefit sharing in relation enhancing the capacity of mediators on mediation procedures and best practices.
to traditional knowledge and biological resources.
62 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.6.9 1 Stakeholder engagements
Date Activity Stakeholder Organizer Mode
25 – 27 April 2023 World Intellectual Property Day General public BIPA Face to Face
01-04 August 2023 Implementation of The Access to Biological and Genetic Resources and Ministry of Environment, Forestry Ministry of Environment, Face to Face
Associated Traditional Knowledge Act, Act 2 Of 2017 and Tourism Forestry and Tourism
07-08 August 2023 National Committee for Protection and Promotion of The Diversity of Creative industry and UNESCO NUST Face to Face
Cultural Expressions
10 August 2023 Intellectual Property (IP) Rights and Business Registrations at the NICW Business community NCRST Face to Face
16 August 2023 Consultative meeting with the WALVIS BAY Corridor Group WALVIS BAY Corridor Group BIPA Face to Face
17 August 2023 Presentation on Intellectual Property Rights (IPRs) and Business Registration Women entrepreneurs National Commission on Face to face
Research Science &
Technology (NCRST)
22 August 2023 MAWLR and UPOV on Plant Breeder’s Rights and Farmers Rights Bill MAWLR and UPOV MAWLR Virtual
23 August 2023 Business networking reception Business community Embassy of the People’s Face to face
Republic of China in
Namibia
25 August 2023 Request for Proposals/Comments for Reviewing ARIPO Protocols Entire IP department BIPA Face to Face
25 August - 04 September 2023 Awareness and Registration Business and IPRs General public Ongwediva Trade fair Face to face
29 August 2023 Panel discussion General Public Ministry of Education, Arts Face to face
& Culture and UNESCO
(Social Protection of Artist & Cultural Professionals)
30 August 2023 Courtesy visit to the CEO Chairpersons of the various BIPA Face to face
sub-committees of NIPPS
26-28 September 2023 Workshop on Traditional Medical Knowledge Traditional medicine WIPO Hybrid
practitioners, lawyers,
environmental research
institutions, and conservationists
29 September 2023 Excursion to BIPA on institutional support to enhance IP registration and NUST Entrepreneurship and NUST & BIPA Face-face
commercialization Master’s Students specializing in
the commercialization of IP
05 October 2023 Publishers Workshop The publishing industry and National Library in Face-face
Authors Namibia
18 October 2023 Consultation meeting with Ministry of Education Art and Culture on the Ministry of Education Art and BIPA Face to Face
inclusion of the IP in school curriculum Education Sub-Committee Activities Culture
15 – 17 November 2023 MTC Tech Innovation Bazaar- BIPA Stakeholder Involvement Creative Industry NUST Face to Face
06-07 December 2023 TISC training TISC network (IUM, UNAM, NUST, BIPA and WIPO Hybrid
NCRST)
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 63
9.6.10 Regional and International Engagements organised by BIPA
To strengthen bilateral relationships and to raise Namibia’s international profile and
confidence in the Namibian brand, BIPA hosted two international and one regional (WIPO) to Namibia, during 19 - 22 November 2023, stands as a historic moment, marking
meeting. The meetings were further aimed at attracting international investors to file the first time a Director General of WIPO has visited Namibia.
and seek protection of their Intellectual Property Rights in Namibia. The meetings also
fostered cooperation between WIPO, ARIPO and other key stakeholders. The visit held under the theme, “Unlocking Intellectual Property and Innovation Systems
for Economic Transformation and Social Impact” emphasised the collaborative efforts
between WIPO and Namibia in leveraging Intellectual Property for economic growth.
Below are the engagements that BIPA organised during the 2023/24 period:
The DG paid courtesy visits to various high level government officials, including the Vice
1. Visit by the Director General of WIPO President. The meeting schedule is presented herein below.
The official visit of the Director General (DG) of the World Intellectual Property Organization
Courtesy Calls by the Director General of WIPO 20-21 November 2023
Date Institution Objectives
Ministry of Justice
20- Nov- 23 Inclusive and balanced IP system
Hon. Yvonne Dausab, Minister of Justice
Ministry of Higher Education Art and Culture
20- Nov- 23 Hon. Anna Nghipondoka - Minister of Higher Incorporation of IP in the school curriculum
Education, Training and Innovation
Ministry of Higher Education, Training, and Innovation The consensus and understanding of incorporation of IP components
20- Nov- 23
Dr Itah Kandji – Murangi in Vocational Training Education Curriculum.
Ministry of International Relations and
Cooperation between WIPO and UNAM on capacity building: IP for
20- Nov- 23 Cooperation
Diplomats
Hon. Netumbo Nandi-Ndaitwa: Deputy-Prime Minister, Minister of International Relations
Office of the President WIPO’s efforts to build a more inclusive and balanced IP system that
20- Nov- 23
Hon. Nangolo Mbumba - Vice President of the Republic of Namibia considers the needs and expectations of developing countries
64 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Office of the Prime Minister WIPO’s support for helping innovators and creators at the grassroots
20- Nov- 23
Hon. Saara Kuugongelwa-Amadhila - Prime Minister to better exploit the IP system and move their ideas to the market
Office of the First Lady Outcome of DG official visit to Namibia and projects to train Namibian
21- Nov- 23 entrepreneurs, innovators and creators on how to use intellectual
H. E. Monica Geingos – First Lady of Namibia property to grow their businesses and take their ideas to the market.
Ministry of Industrialisation & Trade The need of incorporating a training project on Intellectual Property
21- Nov- 23 in the National Youth Services, aligning with the objective of the visit
Hon. Lucia Iipumbu - Minister of Industrialisation and Trade on IP awareness.
National Planning Commission The role of Intellectual Property towards National Development
21- Nov- 23
Hon. Obeth Kandjoze - Director-General of the National Planning Commission Agenda
Public Engagements
The Director General participated in five public engagements, including:
• the High-Level Panel on Intellectual Property,
• the official handover of the project “Namibian Women Entrepreneurs: From
Generation to Commercialization of IP Assets,”
• the Cultural Soiree,
• an Onsite Visit to the Namibia University of Science and Technology Innovation
Hub, and
• an Interview on NBC TV: Good Morning Namibia
2. ARIPO/AfrIPI Judge’s Colloquium The meeting was officially opened by the Minister of Justice, Hon. Yvonne Dausab and
BIPA in collaboration with African Regional Intellectual Property Organisation (ARIPO) and Judge Shafimana Ueitele on behalf of the Chief Justice presented the remarks
Intellectual Property Rights and Innovation in Africa project (AfrIPI), a project under the
European Intellectual Property Office (EUIPO), hosted the Judge’s colloquium from 3rd -
5th May 2023 in Swakopmund. 3. WIPO IGC Cross-Regional Technical Meeting on Intellectual Property, Genetic
Resources and Traditional Knowledge
The colloquium gathered Judges and other senior legal experts from ARIPO Member
and Observer States. The main objective of the event was to engage Judges from ARIPO The Business and Intellectual Property Authority (BIPA), in collaboration with the World
Member States to develop a solid database of IP Case Law which is key in informing users Intellectual Property Organisation (WIPO), organised The Cross Regional Meeting on
on the enforceability of fights granted or registered by ARIPO. Intellectual Property, Genetic Resources and Traditional Knowledge from 12 – 14 March
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 65
2024, in Swakopmund, Namibia. The meeting was a preparation for the Diplomatic
Conference for the adoption of the International Instrument for Protection of Genetic 5. Operations and Strategic Challenges
Resources and Traditional Knowledge associated with the use of Genetic Resources, to
be held in May 2024, in Geneva. The Intellectual Property Department has faced several challenges during the period
under review, despite its commitment to improve and deliver effective and efficient
The Cross Regional Meeting on Intellectual Property, Genetic Resources and Traditional services to both internal and external stakeholders. These challenges are outlined
Knowledge aimed at providing an opportunity for all World Intellectual Property hereunder:
Organization (WIPO) Member States to informally discuss substantive issues and
positions related to the Basic Proposal for an International Legal Instrument Relating
to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with 6. Low level of IP awareness
Genetic Resources.
4. Bilateral Engagements and Cooperation’s
BIPA also engaged the following stakeholders on various strategic initiatives:
• Concluded a Memorandum of Understanding with WIPO on business solutions
• Entered a Memorandum of Understanding with Canadian IP Office
• Concluded a Memorandum of Understanding with WIPO concerning alternative
dispute resolution in Intellectual Property
66 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
BIPA has made strides in educating the Namibian public on intellectual property through importance of continuous improvement and efficiency in delivering high-quality IP
mass media and social networks, during the period under review. However, those in rural services.
areas have not been reached satisfactorily, hence the need for a roll out in IP education
campaigns in these areas.
7. Future Recommendations:
Through the implementation of this plan, BIPA aims to attract new clients seeking IP
services, foster stronger relationships with existing clients, and provide innovative During the financial year 2023/2024, under the IP mandate, BIPA will focus on the
solutions to meet their intellectual property needs. The plan also emphasizes the following initiatives in delivering the IP Business Strategy.
NIPPS Implementation and Impact Assessment and Future of NIPPS Copyright and Related Bill
During the next financial year, the assessment of the policy will be finalised. The
finalisation of this assessment will determine whether a new policy should be During the next financial year, the draft Bill will be submitted to the Cabinet Committee on
drafted, or whether Namibia should continue to implement the current policy. Legislation (CCL). Once the CCL approves the draft Bill, it will be submitted to the legislative
drafters.
Growth Revenue Automation
During the next financial year BIPA will host stakeholder engagements on the con- Increase the use of online filing platform, Implementation of IPAS 4.0, Implementation of
solidation of the basic IP fees. was developed and approved by the Board. BIPA will Copyright System, Mediation system and facilitate the implementation of WIPO connect for
amend the IP Act regulations after consultation with the relevant stakeholders. NASCAM.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 67
9.3 INFORMATION AND COMMUNICATION TECHNOLOGY
Information and Communication Technology Division Team
9.3.1 Overview The sub-divisions within the department includes:
• Networks, Infrastructure and Security Division is responsible for network
The Information Communication Technology (ICT) has developed over the last few years administration (installing, maintaining and upgrading the corporate computer
from being a support department within BIPA and is destined to become a semi-core network, including the wide area network and internet); systems administration
department. BIPA’s digital transformation journey and the success of its mandate is (managing the reliable operation [availability and capacity] of computer hardware,
largely dependent on the use of technologies. As such, we continue to provide specialised software, servers and computers) and security administration (administering and
support and advise for both business registration and IP mandates. managing the security of all data systems including systems and networks).
68 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
• The Information Systems Division is responsible for business analysis (managing • Stress testing
business requirements, managing solutions identification, managing business
• Capacity management
processes and business intelligence); software engineering (designing, developing,
configuring, testing and maintaining of business processes, applications, • Disaster Recovery and risk management
information, data and the corporate website) and helpdesk management (service
• 3rd party management
request management, incident management and problem management).
The helpdesk is the initial contact point for all data network users within the • End user device support
organization.
With the introduction of the Beneficial Ownership Requirement, it has become even
• The Enterprise Project Management Office (E-PMO) division is responsible for more important for BIPA to ensure that as custodian of valuable business and intellectual
managing programmes and projects through the PMO. The division manages all property information, the Authority is able to safeguard against cyber threats such as
programmes and projects from the investment portfolio in alignment with the data breaches, unauthorized access, and malware attacks.
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 Strong information security measures not only protect BIPA’s own assets but also instill
review. confidence in the public and businesses that their information is secure when interacting
with the organization.
• Records and Archive Management Division plays a critical role in BIPA’s operations
by ensuring the effective management, preservation, and retrieval of institutional
records related to legal persons or IPR’s. By effectively managing records and 9.3.4 Statistics on network availability
archives, the division contributes to BIPA’s overall efficiency, transparency, and
compliance with legal and regulatory requirements. a) Network availability statistics show how often the network is working. These statistics
measure the up and downtime of the network, to determine how accessible the
• This foundation will ultimately evolve into a comprehensive enterprise
network is. The specific tool that BIPA has invested in to monitor network availability
information management system, enabling BIPA to leverage its data
for all systems and applications, has shown to be effective. These statistics are an
assets for strategic decision-making and improved service delivery.
indication of BIPA’s average network uptime across all our core network equipment.
9.3.2 Networks, Infrastructure and Security Division
Availability of network devices (%)
The Division is responsible to develop, enhance, communicate, report, and oversee the
ICT infrastructure, networks and security frameworks, associated tools, and process. 120
Investing in information security is crucial for BIPA to protect sensitive data, maintain 100
public trust, and ensure the integrity of its operations is upheld at all times. 80
• Infrastructure setup and management
• Data Center management 20
• Network setup and management
Fib
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ICT user service desk2 4P om S
• Bl ue - m
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ai
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oo 0 -B rver om
kR I Ro
• Systems administration, policies, and protocols (B
ac
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Information Security management
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Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 69
9.3.5 Statistics on systems availability
a) Systems availability statistics provide a good snapshot of systems accessibility by Avalilability (%) of Servers
quantifying the percentage of time the systems have been operational. BIPA has thus
invested in a tool to monitor availability for all systems and applications. These statistics
99.99 100.00 99.98 99.99 99.78 100.00 100.00 100.00 99.98 99.98 99.99 99.98 99.98 99.97 99.98 99.99 99.98 99.98 99.97 100.00 99.97 99.93
are an indication of BIPA’s average systems uptime across all our systems and applications. 99.11 99.10 99.29
98.45
An average network availability of 97.50 indicates that our business-critical systems have 98.02
96.67 96.38
been operational for most of the time, which is good for BIPA.
91.95
9.3.6 Infrastructure projects undertaken 2023/24
90.55
The major infrastructure projects implemented for 2023/24 financial year were:
b) Development of BIPA’s cloud computing guidelines: The aim of this project is to come
up with cloud computing guideline which governs all BIPA infrastructure and ensure BIPA
fully realize the benefits of cloud computing while mitigating risks, organizations should
follow a set of guidelines when adopting and managing cloud services.
BIPAONELWEB01
ICRSDB-01.BIPA.NA
BIPAEDMSDB01
BIPA-IPAS01 BIPA-IPAS02 BIPACALLC01 BIPADRBCK01
BIPAEDRMSDB01
BIPAHDSKDB01 BIPAHQBCK01 BIPACSFTEST01
BIPAIPAS01
BIPAIPASBCK01 BIPAAIPASDB01
BIPASAGE01 BIPASQL01
BIPA.NA
BIPAERPDB01
BIPAAPPGLAS01 BIPAAERPAPP01
BIPAFILE01 BIPAKASP01 BIPAKASP02
BIPAMFILAPP01 BIPAMFILEDB01
BIPAPRINT01
BIPAWIPOPUB01
ICRSAPP-01.BIPA.NA
BIPACOPYRAPP01
BIPASRV01 BIPASRV02
c) Development and Implementation of an ICT Strategy: The aim of this project is to align
BIPA ICT operations with Business goals.
d) IT policies review and update: The aim is for BIPA to have updated information security
policies
INFRASTRUCURE, NETWORKS AND SECURITY PROJECTS
Project Title Budget Deliverables Timeline Status Organizational Impact
Develop network and
April 2022 to March Ease of troubleshooting and visi-
Enterprise architecture development- N$ 0.00 infrastructure documentations for Completed
2023 bility
BIPA.
The aim of this project is to align
Procure, install, test and April 2023 to March
Development and Implementation of ICT Strategy N$ 0.00 Completed BIPA ICT operations with Business
commission replication Link 2024
goals.
3 policies
Implement the information security manual - IT April 2023 to March Updated information security
N$ 0.00 Review and update IT policies approved by
policies review and update 2024 policies
board.
70 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.3.4 Information Systems Division
To manage the operations of all Information Systems (IS) efficiently and effectively, • Provide first-line support to users, resolving technical issues quickly and efficiently
including related applications, database and software used in the organisation. • Provide General incident and service management
Information Systems (IS) play a crucial role in modern organisations by facilitating the
flow of information, supporting decision-making, and enabling efficient operations • Provide support and maintenance of current t software systems
The role and impact of applications and systems division is to: • Provide reliable and availability of the system database
• Align IT with Organizational Goals by ensure that IT initiatives support the strategic • Provide automation where possible to reduce manual effort and increase accuracy
objectives. • Offer training and resources to help users effectively utilize IT systems
• Allocate and manage IT financial resources effectively to meet current and future
needs within available budget allocation
9.3.5 Software projects undertaken 2023/24
Project Budget Deliverables Timeline Status Impact on organisation
Title
1 BO Projects To enable the capturing and administration June 2023-Jan-2024 Ongoing To ensure BO Compliance and Provide automation where
of BO on the Business Registry System possible to reduce manual effort and increase accuracy
2 ERP To implement the financial modules n/a Ongoing To automate where possible to reduce manual effort and
increase accuracy within Finance Process
3 Document To create new document vault 100 Completed Document digitization
Digitisation
To configure document scanning and
indexing
4 Online IP 0.00 To configure WIPO File 100 Completed To ease the client filing process
Filing System
9.3.6 Planned projects for new FY2024/25
• To commission and go-live with the Enterprise Resource Planning (ERP) system • Work with FIC towards commissioning of online BO Registry system
• To acquire an online business registry system • To implement share transfer feature in existing business registration system
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 71
9.4 Records and Archive Management Division
Records and Archives Division Team
9.4.1 Overview
The Records and Archive Management Division is responsible for overseeing the entire In addition to internal record management, the division handles data requests under
lifecycle of BIPA records, from capture and scanning to administration, management, and the Company Act, 2004, and the Close Corporations Act, 1988. This involves processing
maintenance. The division safeguards all business and intellectual property registration requests for data sales and ensuring compliance with relevant regulations.
files, ensuring their efficient management, accessibility, and compliance with legal
requirements.
72 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.4.2 Statistics on number of files requested (internal and external)
Due to the largely manual processes within BIPA, it is compulsory that any business of
individual that either seeks to inspect the records of a registered business or a business
that wishes to amend such an entity, they request the physical file from BIPA. The file is
kept as a filing warehouse and managed through the Records and Archive Department.
The total number of files requested for the
period under review amounted to 24, 474.
Most of the requests were from external client,
which totalled 15, 209. Internal requests
accounted to a total of 9,275.
Total number of files requested: 24,474
9,275
Internal
15,209
External
Graph 1: Total number of files requested for the FY 23/24
Due to the frequent request for files, not all files are always available at the time when
such a request is placed with the Department. From the total file requests of 24, 474,
only 80% of such files were available upon request which amounted to 19,525 files. Veneranda Shoombe
Executive: Information and Communication Technology
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 73
9.4.3 Statistics on files that were available upon request 9.4.5 Statistics on the Beneficial Ownership Project
– Number of approved BO scanned
Total number of files Available upon request: 19,525
Approved BO scanned and uploaded on M-Files
7,442
Internal
3,002
Not scanned 16,218
12,083 scanned BO
External forms
Graph 2: Total number of files available upon request for the FY 23/24
9.4.4 Statistics on files that were in circulation upon request 9.4.6 Statistics on the Annual Duties /Returns Project
Files that were not avalable upon request Annual Duties/Returns Scanned
1,823 33,585
3,126 scanned 641,414
still to be
scanned
In circulation upon request Never archived upon request
Total number of files not available on request for the FY 2023/24
74 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.5 HUMAN CAPITAL MANAGEMENT
Human Capital Division Team
9.5.1 Overview
Our team’s unwavering commitment to innovation and service delivery has been long-term success and as such, the Authority has embarked on various initiatives aimed
instrumental in BIPA’s success. Despite the challenges of the past year, they have at strengthening the drive for employees to achieve the defined strategic objectives
consistently exceeded expectations and demonstrated their dedication to our mission. designed around four (4) strategic themes using the Balanced Scorecard methodology.
At the Authority, we recognise that BIPA employees are the critical asset to the strategic
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 75
Balanced Scorecard Methodology
25% 25%
Financial Sustainability
Stakeholder Confidence
Internal Processes and Governance
Operational Excellence
25% 25%
Graph 1: BIPA Balanced Scorecard Methodology
9.5.2 Employment Profile for the period of 2023/24
As of 31 March 2024, the total number of BIPA staff members was one hundred and sixty-
nine (169), a 17% increase from the beginning of the reporting period 1 April 2023(141).
The total number of staff members employed in the category of Permanent & Fixed Term
as well as Temporary staff between April 2023 and March 2024 increased as follows:
• the percentage of permanent and fixed term staff employed increased by five (5)
headcounts and for temporary staff increased with twenty-three (23) headcounts
as of March 2024.
The relative increase in the proportion of temporary staff is due to the employment of
graduates as part of the BIPA Waiver Project which commenced in November 2023.
Frieda Mokotjomela
Executive: Corporate Services
76 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
• Men: Total male headcount increased from forty-five (45) to fifty-two
(52) in the organisation and this accounts to a 31% representation as
BIPA Workforce Statistics at 31 March 2024.
150 141 143 145 144 143 141 146 171 171 159 169
115 117 119 119 116 117 119 119 119 121 120 120
• Persons with Disabilities: As at 31 March 2024, 1% of the workforce
52 52 49 49 represent persons with disabilities, thus recording a decline by 1%
50 26 26 26 27 27 27 38
25 due to one (1) person with disability who resigned from the company.
BIPA is continuing to take steps to increase the number of qualified
3 3 3 3 3 23 3 3 23 24 24 4 persons with disabilities.
Ap ay-2
-2 -2 -2
Se t-2 No De Ja Fe ar-2
r-2 Ju n Ju l Au g p- Oc v- 2 c- n- b- M
M
Management remains willing to employ and advance such individuals
Permanant & Fixed Term Temporary Total should a suitable vacant position become available. Management
also remains aware of its duty to exercise the requisite preferential
treatment, should a person with disabilities apply for a suitable vacant
Graph 2: BIPA Workforce statistics for FY 23/24 position.
9.5.3 Gender Representation per Department (Gender Metrics)
• Women: Total female headcount was one hundred and seventeen
(117) and this accounts to a 69% representation as at 31 March 2024
compared to 68% (96) at the beginning of the reporting period.
CEO BRS MCCCMS HCM IPS ICT FINANCE LEGAL TOTAL
MALE 2 9 6 1 5 10 16 3 52
FEMALE 8 29 18 7 13 15 25 2 117
TOTAL 10 38 24 8 18 25 41 5 169
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 77
9.5.4 New Appointments
During the 2023/24 financial year, the BIPA has successfully completed the recruitment experienced an increased workload and internal movement of employees to other
and selection processes for fourteen (14) positions as indicated below. These talent departments.
acquisition efforts were necessary to capacitate various departments which had
Position filled Department Quarter
1. Assistant Procurement Officer (Paterson C2) Finance and Administration 1st Quarter
2. Debt Collection Officer (Paterson C3) Finance and Administration 1st Quarter
3. Billing Officer (Paterson C3) Finance and Administration 1st Quarter
4. Manager Procurement, Facility Management (Paterson D3) Finance and Administration 1st Quarter
5. Procurement Officer (Paterson C4) Finance and Administration 1st Quarter
6. Revenue Accountant (Paterson C3) Finance and Administration 1st Quarter
7. Personal Assistant to the Executive: IPS (Paterson C1) Intellectual Property Services 2nd Quarter
8. Senior PA to CEO (Paterson C2) Office of the CEO 2nd Quarter
9. Company Secretary (Paterson D3) Legal & Company Secretariat 2nd Quarter
10. Records Clerk (Paterson B2) x 2 Records and Archive Management 3rd Quarter
11. IP Officer: Copyrights Registration and Advocacy Intellectual Property Services 4th Quarter
12. General Assistant Finance and Administration 4th Quarter
13. Marketing & CSI Practitioner Marketing, Comm & CMS 4th Quarter
78 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
In addition, the BIPA Board of Directors endorsed a graduate programme as part of BIPA’s 9.5.5 Terminations
talent management initiatives and a total of twenty (20) graduates were appointed for a
period of 12 months ending 30 June 2024 to support the core department operations. During the 2023/24 financial year, BIPA recorded nine (9) separations of permanent
employees and 6 graduate resignations. The Authority further recorded 3 end of contract
separations.
9.5.5.1 Reasons for Terminations 01 (April 2023 – 31 March 2024)
Reasons for Terminations Number of Employees Comment
Offered a Higher position outside BIPA 3 Resignation
Offered a position at the same level better salary -
Changing careers or further studies -
Starting a private business -
Working conditions not conducive -
Retirement 5 Retirement
Other 1 Dismissal
Total 9
9.5.5.2 Labour Turnover Statistics:
Labour Turnover
Period # Opening Joiners Leavers # Closing
%
April 2017 -Mar 2018 75 21 3 93 2.53%
April 2018 -Mar 2019 93 12 8 97 5.46%
April 2019 -Mar 2020 97 3 6 94 2.47%
April 2020 -Mar 2021 94 13 4 103 5.65%
April 2021 -Mar 2022 103 14 2 115 4.17%
April 2022 -Mar 2023 115 8 7 116 2.75%
April 2023 - March 2024 116 14 10 120 0.62%
Table 4: BIPA labour turnover statistics (2017 – 2024)
The above statistics exclude temporary employees
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 79
9.5.6 Fixed-term Employment Contracts
During the reporting period, seven (7) senior management employees occupied Executive positions on a 5-year fixed-term employment contract basis and their respective contractual
status is as indicated below.
Name & Surname Position held Appointment date Term expiry date
1. Vivienne Katjiuongua Chief Executive Officer 15 October 2019 14 October 2024
2. Jones Lubinda Executive: Finance and Administration 22 December 2020 21 December 2025
Executive: Marketing, Corporate Comm, and Client Manage-
3. Ockert Jansen 01 February 2021 31 January 2026
ment Services.
4. Raphael Likando Executive: Business Registration Services 01 November 2021 30 October 2026
5. Ainna V Kaundu Executive: Intellectual Property Services 01 October 2022 30 September 2027
6. Veneranda Shoombe Executive: Information and Communication Technology 01 March 2023 29 February 2028
7 Frieda Mokotjomela Executive: Corporate Services 27 March 2023 29 February 2028
9.5.7 AA Appointments & Reporting
The Employment Equity Commission considered the Authority’s Report and found it employment equity profile consisted of four (4) women and three (3) men occupied the
compliant with the requirements of the Affirmative Action (Employment) Act, 1998 (Act executive/senior management positions. In addition, twenty (20) women and twelve
No. 29 of 1998). BIPA was presented with a Affirmative Action Compliance Certificate (12) men were occupying the mid-level management positions as indicated below. This
on 15 August 2022. By the end of the 2022/23 financial year, the Authority’s workforce workforce composition is inclusive of one non-Namibian male with permanent residence
status.
80 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
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) 3 3 0 0 0 0 0 0 3 3
Mid-level Management (D1-D5) 8 20 0 0 1 0 1 0 10 20
Specialised/ Skilled/Senior Supervisor (C4-C5) 2 5 0 0 0 0 0 0 2 5
Skilled (C1-C3) 10 34 0 0 1 0 0 0 11 34
Semi-Skilled (B) 5 20 0 0 0 0 0 0 5 20
Unskilled (A) 3 2 0 0 0 0 0 0 3 2
TOTAL PERMANENT 31 85 0 0 2 1 0 34 85
Temporary employees /or Student Interns 15 35 0 0 0 0 0 0 15 35
Total 46 120 0 0 2 0 1 0 49 120
Table 13: BIPA workforce composition and diversity profile
During the reporting period, 68% of the total workforce is made up of female
employees while male employees represent the remaining 32%. It is evident that
women have dominated the Authority’s structure, and this has skewed the Authority’s
gender profile. Efforts were made by the Human Capital Department to improve the
sourcing of male employees through talent attraction initiatives.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 81
9.5.8 Staff Development
BIPA Study Loan Scheme
As part of employee training and development, BIPA offered its employees an interest free avails a total of N$720,000.00 through a revolving fund, for an interest-free study loan to
study aid to further their qualifications and/or improve their skills. This study assistance assist employees in paying off their academic-related costs. Thirteen (13) staff members
is in the form of study loan and paid study leave. On an annual basis, BIPA management are registered under the study loan scheme.
Qualification of Study Number of Employees
Diploma Accountancy 1
Bachelor’s degree Logistics and Supply Chain 2
Diploma: Records and Archives 2
Bachelor Degree of Commerce in Law 2
Master of Philosophy in Corporate Strategy 1
Bachelor Financial Math -Research Projects (Honour) 1
Bachelor’s degree Human Resources Management 1
Master of Business Administration 2
Master of Finance and Accountancy 1
Total Number of Employees 13
Table 8: Bipa study loan scheme
82 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.5.9 Training and Development
The organisational training needs was approved by management for implementation employees but equally so, the needs for skills enhancement from an organisations point
during the reporting period. The interventions were determined by the Departmental of view. The overall workforce development plan implementation achieved was 42%.
Executives and Managers, based on the critical developmental needs for individual
Below is the analysis of training data and training attended by the staff members.
Training Statistics (2023/2024)
Analytics of Training Interventions
Department(s) Training Planned Training(s) Received
Training- Finance & Administration 20 7
Training- Intellectual Property 26 11
Training- Business Registration 22 5
Training- Human Capital 16 11
Training- Office of the CEO 15 9
Training- Legal & Secretarial 16 0
Training- ICT 12 12
Training- Marketing 19 7
Total 146 62
% Implemented 42%
Table 9: Bipa Training Statistics
1. Emotional Intelligence Training 2. Compliance Management
The Emotional Intelligence Training was conducted for Supervisors and Middle Managers. The targeted training focused on improving the staff knowledge on Compliance
The training provided attendees with strategies on how to enhance their interpersonal Management, especially considering implementation of new compliance provision in
relationships and provide guidelines on how to manage emotions, communicate the amended laws. The course curriculum also focused on investigating the impact of
intelligently and raise their levels of emotional intelligence in a constructive manner. emerging disruptive technologies on compliance risk management.
The training provided supervisors and managers with benefits of applying emotional
intelligence, assessing individual and organisational strengths and opportunities for The short course was provided online through the University of Cape Town (Get Smarter).
improvement, learning core skills needed for emotional intelligence and understanding
strategies.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 83
3. WIPO Academy Courses:
25 Employees in the organisation, specifically those in the IP Department, completed to build, implement and sustain the balanced scorecard planning, management system
short courses through WIPO Academy in the areas of IP and Patents Administration. and instruments in the organisation. The general staff members also received training
on performance management, with a focus on Key Performance Indicators (KPIs), Goal
alignment and performance improvement.
4. Sage 300 People Training
Payroll System training is important as it improves individual’s problem-solving 6. PRINCE 2 – Foundation and Practitioners Course
skills to navigate difficulties in the payroll workflow more efficiently. The training
in such systems also address various ethical issues and provides guidance on The PRINCE 2 - Foundation and Practitioners Course provided the targeted staff with
how to handle them. Sage 300 people’s trainings were undertaken for Peoples understanding and skills on principles, processes, themes, techniques, and roles for
Basic Part 2 training, Job Profile Management and Personal Management courses. successful project management.
5. Balance Scorecard and Performance Management 13.10 Stakeholder Engagement
The Corporate Services Department provided in-house training on Balance Scorecard The table below highlights the departmental engagement interventions held during the
and Performance Management to all managers and supervisors. The objective of the period 2023/24 financial year. A total of 88 % stakeholder engagement was achieved:
training was to ensure that these supervisory roles gain skills and knowledge on how
Month Key Focus Area Activities
The purpose of the Orion Pension Fund meeting is to foster a deeper understanding of retirement planning among
Apr-23 Old Mutual Orion Pension Fund Session
employees, especially those approaching retirement age
May-23 To tap into a pool of talented graduates and helping in the recruitment and development of high-potential talent. External Engagement- NUST & UNAM
Develop essential skills for personal and professional success, improves workplace dynamics, and contributes to a
Jul-23 Training on Emotional Intelligence
positive organisational culture focused on well-being and productivity.
To ensure that all participants understand their roles and responsibilities, are familiar with emergency procedures, and
Preparatory meeting for the emergency drill
are prepared to respond effectively in the event of an actual emergency.
Sep-23 Culture engagement refers to the active involvement of individuals, teams, and organisations in understanding, em-
Culture engagement - Denim Day
bracing, and contributing to a positive and inclusive organizational culture.
Culture engagement - Sports Day
84 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
To tap into a pool of talented graduates. It provides access to individuals with fresh perspectives, knowledge, and skills
BIPA Graduate Programme
relevant to the industry, helping in the recruitment and development of high-potential talent.
Oct-23 Culture engagement - Back to School
Meeting for an awareness on MSD Meeting for an awareness on MSD Benefits
Benefits and deductions schedule and deductions schedule
Revolves around ensuring a harmonious and safe work environment while promoting the well-being and rights of Ministry of Labour- Employee Relations and
Nov-23
employees. Safety
Dec-23 To promote awareness, education, empathy, and support regarding HIV/AIDS issues within the workplace. Commemoration World AIDS Day
Medical Aid Information Sessions and
Promoting health and wellness, educating about healthcare coverage, empowering healthcare decision-making,
Annual Wellness Day
Jan-24 Awareness - New Product Catalogue Nedloans- Deductions Schedule
Destigmatise mental health, promote understanding and empathy, encourage early intervention, empower individuals,
Mental Health Awareness
create a supportive community, and advocate for better mental health resources.
Aims to raise awareness about cancer, encourage its prevention, detection, and treatment. Cancer Awareness Seminar
A celebration of love. Valentines Day
Feb-24 VET Levy Reconciliation NTA- VET Levy
NAMRA Awareness Session is to educate individuals, businesses, and stakeholders about taxation laws, regulations,
Namra -Tax Returns
and revenue matters in Namibia.
Financial Literacy Initiative (FLI) under the
Mar-24 Financial awareness session
Ministry of Finance
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 85
9.5.9 BIPA GRADUATE AND INTERNSHIP PROGRAMME
BIPA takes enormous pride in our Internship Programme, which strives to offer a network. The graduates played an important role during the waiver programme by
compelling, hands-on experience and provide interns with challenging assignments, attending to clients and ensuring that the project is implemented effectively. As of 31
knowledgeable mentors, and engaging activities to help them grow their skills and March 2024, BIPA has a total of 44 (forty-four) graduates and interns.
Departments Graduates Interns Total
Office of the CEO 1 1
Legal Services 1 1
Business Registration Services 15 15
Intellectual Property Services
Finance and Administration 11 4 15
Information and Communication Technology 4 4
Marketing, Corporate Communication, and Client Management Services 6 6
Human Capital Management 2 2
Overall Total 44
The graduates played an important
role during the waiver programme by
attending to clients and ensuring that
the project is implemented effectively.
86 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.5.10 EMPLOYEE RELATIONS
9.5.10.1 Investigations and Disciplinary hearings
For the period 2023/24 financial year, BIPA conducted two (2) investigations on matters pertaining to 1. Fraudulent amendments that were made to a Founding Statement and 2.
Consuming alcohol or drugs in the Workplace. The two investigations were completed and disciplinary hearings into the fraudulent amendment was finalised.
Matter investigated Status
Disciplinary held, 1 staff member was found not guilty and the
Fraudulent amendments to founding statement
other was found guilty on 1 charge, case closed.
Consuming alcohol or drugs in the workplace Disciplinary hearing in progress.
Table 12: Investigations and Disciplinary hearings
9.5.11 WELLNESS
The annual Wellness Day for the period 2023/24 financial was celebrated on 1 September
2023, in collaboration with Renaissance Medical Aid. The purpose of the wellness day is
to improve the physical and mental wellbeing of staff members.
Employee wellness is vital because it engages staff
in activities that are associated with improving their
work life balance and productivity in the workplace.
A total number 85 employees participated in the wellness day.
Participation Metrics: 9.5.12 OCCUPATIONAL HEALTH AND SAFETY
• A total number of 85 employees participated in the Wellness Day. Among these For the period 2023/24 financial year BIPA held its annual Safety Day on 28 September
participants: 2023, with the City of Windhoek Emergency department. The aim was to ensure that
• 47 are currently covered by a medical aid. all participants understand their roles and responsibilities, are familiar with emergency
• 38 are not under any medical aid scheme. procedures, and are prepared to respond effectively in the event of an actual emergency.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 87
Below a summary of all the Health and Safety Initiatives for the period 2023/24 financial year.
Objective Initiatives
Identify and appoint members with diverse expertise.
1. Establish Health and Safety Committee
World Cancer Day
Suicide prevention day
World Mental Health Day
2.Monthly Health Topics Breast cancer awareness day
World Diabetes Day
World Aids Day
Ensure a safe and secure working environment.
3.Ministry of Labour
Identify and mitigate risks, conduct safety training, and establish incident reporting mechanisms.
4. NAPWU Trade Union
Encourage a harmonious working environment, regulate working relations.
Improve working relations, resolve conflicts, and ensure employee satisfaction.
5.Social Security Commission Collaborate on employee benefits and social security measures.
Enhance social security measures and improve overall employee well-being.
6.Medical Aid Engagemen Promote employee well-being and fitness.
Ensure a healthy and fit workforce through wellness programs and health screenings.
Raise awareness on emergencies and promote a safe working environment.
7.City of Windhoek Emergency Department Engagement:
Increase emergency preparedness, reduce response times, and minimize incidents.
Table 13: Occupational Health and Safety
88 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.5.13 WORKPLACE CULTURE
9.5.13.1 BIPA Employee Satisfaction Survey
An employee satisfaction survey is a tool used by the Human Capital Department to collect insights on different work-related issues like compensation, benefits, appraisals,
enhance their understanding of how satisfied employees are in the workplace as it relates policies, retention, politics, and many other factors. The survey opened on 17 Feb 2023,
to various aspects of their employment with BIPA. The main purpose of the employee and closed on 17 March 2023. The survey has a 90 % participation rate (104/115).
satisfaction survey is to allow management better insight into how they can improve
systems and processes that are in place. It also allows management to see exactly where
they need to improve by identifying common areas in which employees feel unsatisfied 9.5.13.2 Culture Transition Implementation
or frustrated.
The culture transition implementation plan was developed by BDO Advisory Services in
The BIPA Employee Satisfaction survey was created to identify employees’ needs and work 2022 and since the operationalisation of the plan, implementation of the plan stood at
toward creating an environment where employees feel valued and included. The most 50 % by the end of the review period. Some of the initiatives could not be implemented
apparent purpose of the surveys was to determine and measure the level of satisfaction, due to financial shortcomings.
The plan was developed with six (6) strategic focus areas, as can be observed herein below:
Strategy Initiative Status
Coaching and Mentoring The procurement process is currently underway, with the service provider already identified. However,
implementation is scheduled for completion in the 2024/2025 financial year.
Executive Development
1. Develop a Leadership Culture:
Emotional Intelligence
In July 2023, Emotional Intelligence Training for all supervisors and managers was successfully conducted
Skills Gap Analysis in partnership with NUST. Additionally, the Skills Gap Analysis has been completed at 63%.
This initiative was carried out in collaboration with the Marketing and Corporate Communication team.
Quarterly improvement in
Regular post-event surveys were conducted to gather employee feedback and suggestions for improving
employee satisfaction surveys
2. Improve Communication: communication. Additionally, monthly newsletters are being distributed to all employees to keep them
related
informed and engaged.
Reward and recognition policy The newly implemented Reward and Recognition Policy is designed to foster innovation by encouraging
3. Create a Culture of Creativity currently being reviewed. employees to submit ideas, facilitating the evaluation of proposals, and tracking the successful
and Innovation: implementation of those ideas. This initiative aims to promote a culture of continuous improvement and
recognise contributions that drive organizational success.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 89
The process mapping and review initiative aims to thoroughly assess all current organisational processes,
identifying inefficiencies or bottlenecks that may hinder performance. This will be followed by job profiling
Identify bottle neck in processes,
for all positions to ensure clarity in roles and responsibilities, supporting the broader organisational re-
4. Enable Work-Life Balance: IBRS implementation.
alignment project. These efforts will help streamline workflows and improve operational effectiveness and
reducing manual interventions.
Effective recruitment turn- The turnaround time in recruitment processes is a key focus area where CS aims to optimize efficiency.
around time,
The implementation of the Workforce Development Plan for FY 2023/24 is currently at 42%, signaling
5. Effective Talent Management Effective induction steady progress toward meeting the organisation’s talent acquisition and development goals. Ongoing
& Training and Development – improvements in recruitment practices are expected to further accelerate workforce growth and
workforce development plan development throughout the remainder of the financial year.
The goal of this initiative is to enhance operational efficiency and effectiveness by reviewing and updating
6. Improve Processes for Efficien- Review and update the SOP and the existing Standard Operating Procedures (SOPs) and integrating automation where applicable. By
cy and Flexibility Automation enhancing efficiency and flexibility, we can better meet the demands of our stakeholders and achieve our
operational objectives for FY 2023/24.
9.5.14 HUMAN CAPITAL POLICY REVIEW PROJECT # Policy Name
BIPA continued with the comprehensive review of existing Human Capital Management 1. Attraction and Retention Policy
(HCM) practices and policies to determine if all essential HCM areas are covered as
well as how it compares to the governance structure of the Authority, notwithstanding 2. Condition of Employment Policy
understanding which areas needs to be introduced or reviewed to speak to best practices.
3. Disciplinary Code and Procedure Policy
Additionally, the project documents all HCM responsibilities and practices including 4. Performance Management Policy
recruitment and staffing, performance evaluation, staff development, remuneration and
rewards, re-organisation, union negotiations and employee relations. The project was 5. Recruitment Policy
initiated in the previous financial year and is currently still on-going.
Table 15: Policy Review
BIPA is delighted to report that the project is progressing smoothly, considering the
capacity constraints and frequent stakeholder consultations. The main purpose of this
project is to review and update existing policies, standards and procedures that will
support the change that is constantly taking place within the organisation.
90 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.5.15 TRADE UNION MEMBERSHIP
During the 2023/24 financial year, trade union representation at BIPA was instrumental Trade Union Membership FY 23/24
in safeguarding the rights and interests of employees. Advocating for union membership
can offer numerous benefits for both employees and the workplace. 150
94%
100%
61 80%
BIPA reported a workforce of just over 120 employees eligible for union membership.. 100
60%
However, only sixty (61) employees have an active union membership from the Namibia 60 56%
48 44% 40%
Public Workers Union (NAPWU). This represents a union membership rate of 50.80% 50
20%
0 0%
Total # of Employees within Active union Non-members
employee (s) bargaining unit members
Members/Non-Members % Representation
Table 16: Trade union representation 2023/24
9.5.16 CHALLENGES AND RISKS
For the period 2023/24 financial year, the below summary of the challenges and risks within the Corporate Services Department is outlined.
CHALLENGES AND RISKS
Mitigation Action
Challenge Risk
Graduates recruited to complement HR staff.
Manual recruitment system Protracted recruitment and selection process
Procure an online recruitment system.
Negative impact on the training development implemen-
Budget constraint Implementation is to be done in order of priority.
tation plan
Lack of fit for purpose Office space for all staff
Unconducive working environment. BIPA scouting for a new office building will resolve this. Procure-
based in Windhoek.
Safety and security concerns. ment to source service providers to ensure safety and security.
The Authority made effort to collaborate with the National Disabil-
Persons with disabilities remains under-repre- Persons with disabilities remains under-represented with-
ity Council of Namibia (NDCN) to make use of their database to
sented within the organization in the organization.
obtain CVs of people with disabilities for recruitment.
Table 17: Challenges and Risks
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 91
9.6 MARKETING, CORPORATE COMMUNICATIONS AND
CLIENT SERVICES MANGEMENT
Marketing and Corporate Communications Team
9.6.1 Division: Marketing and Corporate Communications
9.6.1.1 Overview
The Marketing and corporate communications division is responsible for fostering cooperation, trust, and fruitful, active engagement. Additionally, the Department oversees
customer relations, improving and maintaining the brand reputation and communication enhancing the Authority’s brand perception, and making sure it delivers messaging that
function of the organisation. Additionally, the Department oversees developing stronger, is clear and consistent.
mutually beneficial relationships with its stakeholders and customers that are built on
92 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Strategic orientation
The Marketing department supports the strategic During the period, a total of 2 staff gatherings were
plan in varying roles to achieve the Authority’s held in which the management committee (MANCO)
objectives and initiatives. The Division has the provided updates and insights on their respective
responsibility of creating and assisting in the departments as well as the welcoming of employees
creation and execution of the organization’s to the new year and long service award ceremony.
strategic plan. Additionally, the Division establishes
and upholds the project management structure and
strategy inside BIPA. The FiredUp! Internal
Newsletter continues to
9.6.2 Internal Communications
serve as an invaluable tool
At its core, effective internal communication
fosters transparency, alignment, engagement, for fostering connection,
and collaboration among employees at all levels.
It acts as a conduit for disseminating important
engagement, and alignment
organisational updates and it ensures that every among BIPA staff. The
individual understands their role in contributing to
the overarching mission. newsletter enjoys continuous
positive feedback from staff
members.
9.6.2.1 Gearing Towards Better Engagement
with Stakeholders
Marketing and corporate communications during
the period under review, the division hosted
and executed face to face several stakeholder
engagements and educational awareness
campaigns that were targeted various industry
players, key strategic partners, employees,
intellectual industries, auditors, the MSME sectors
and relevant ministries to name a few as well as
BIPA clients.
Ockert Jansen
Executive: Marketing, Corporate
Communication and Client Management Services
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 93
The division offered several regional stakeholder engagements, these included beneficial
ownership regional stakeholder consultations aimed to create awareness on the Stakeholder Engagement Per Department
recent amendments to the Close Corporations and Companies Acts to ensure entities
submit accurate and up to date Beneficial Ownership information to the Registrar for 47
transparency, accountability and preventing money laundering, corruption or tax evasion. 40
In addition, the Corporate Law stakeholder consultations was aimed to review the current 20 14 11 11
5 7 7 8 8
business registration laws regulation in an attempt to simplify the business registration 10 3 1
process and allow for more flexibility and enhance the ease of doing business in Namibia. 0
-10 Hu Re co rd IP
BR m an Ca pi
s&
ta …
Offi Fina l
ce of e &n c
BIPA’s team, responsible for strategic
LegalD ep th e CE …
Ri ar tm en O
In fosk & Au t
rm dit
ati on &…
communications has, over the last three (3) quarters
M ar MS
ke C
tin g &…
of 2022/23, adopted a proactive approach to ensure
The table above shows that most of the Authority’s stakeholders engages with core
that BIPA’s reputation and credibility remains intact business departments inclusive of BRS, IPS and Records. Engagement per department
falls in line with core functions.
and that confidence amongst its various stakeholder
The stakeholder engagement per department statistics reveal a complex landscape of
groups are enhanced and maintained. perceptions and opinions regarding BIPA’s performance and effectiveness. While some
stakeholders acknowledge BIPA’s efforts in areas such as marketing, responsiveness
The approach has generally been, the use of public relation strategies as opposed to to inquiries, and its contribution to economic stimulation, there are significant areas
marketing/advertising tactics. The further adoption of a transitional approach from of concern, including communication frequency, perceived credibility of information,
reactive to proactive communications to better position a brand is something that BIPA and overall satisfaction with BIPA as an entity, inclusive of the introduction of the
is working to adopt for the new financial year FY23/24. This can be seen through the beneficial ownership form which seems to have caused the most dissatisfaction. To
deliberate efforts that BIPA has made to improve stakeholder relations. address these concerns and enhance stakeholder satisfaction, BIPA should focus on
improving communication channels, ensuring transparency and accuracy in information
9.6.2.2 Stakeholder Satisfaction Survey dissemination, and actively seeking feedback to better understand and address
stakeholder needs and expectations.
In terms of BIPA’s 5-year Stakeholder Engagement Strategy, the Authority should conduct
at least two (2) stakeholder engagement surveys for a financial year. 9.6.2.3 Campaigns
The aims is to conduct the surveys to measure different levels of satisfaction within
various stakeholder groups and to ascertain if BIPA has met the expectations and needs 1. Annual Duty Campaign
of its stakeholders at corporate level. During this financial year 2023/24, BIPA launched its yearly Annual Duty Campaign
Objectives: through social media such as Facebook, Instagram and Twitter (now X), aimed at
reminding close corporations [CCs] about their registration obligations of paying annual
• To improve stakeholder relations and enhance confidence in BIPA’s mandate duty and retaining their good standing.
• To better understand existing perceptions amongst BIPA’s key stakeholders
• To know where we are, so that we can know where we want to be Apart from social media, BIPA also used different channels such digital billboards and
• To inform our strategic planning and communication Radio interviews, live reads and adverts to make sure the campaign successfully reached
94 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
The campaign ran from November 2023 – March 2024 and was extended to June 2024,
following public appeals to allow more time for business owners to participate. While the
initial uptake of the campaign was low, once the campaign was nearing the closing date,
more and more clients started to participate in the programme from March, specifically,
which can be contributed to the procrastination nature of people as the closing date
ensued.
The majority of the revenue for the programme was also collected during this period.
3. Beneficial Ownership Compliance Campaign – Adopt Best Practices
BIPA has been steadfastly engaged in consumer awareness campaigns aimed at
elucidating the importance of beneficial ownership, including an official Registrar’s
Directive, a media release, an information session, regional outreach information sessions
as well as a dedicated tab on the BIPA website for Beneficial Ownership.
their target audience. The campaign proved to be successful as it created awareness
on the importance of paying annual duties and increasing the compliance for business The implementation of administrative sanctions and penalties has underscored the
owners. importance of compliance and adherence to regulations. In response, we have intensified
our marketing efforts to a more targeted approach to ensure that our audience is
2. Annual Duty Penalty Waiver Campaign well-informed about the consequences of non-compliance by means of reminder
SMS notifications and direct email marketing via a dedicated email: BIPA Compliance
Launched on 15 November 2024, the Annual Duty Penalty Waiver campaign aimed to
(compliance@bipa.na)
create awareness that BIPA was waiving all penalties that were incurred by registered
business entities from 2012 – 2022, provided their capital annual duties were settled. All Further activities such as radio adverts, interviews and a video series crafted with the
associated late submission fees were also waived. intention of simplifying complex concepts, breaking down procedures, and offering step-
by-step instructions on how to complete and comply are all planned for FY24/25.
The Waiver Campaign was launched to prompt business owners and inform potential
new business owners of the legislative obligation of owning a CC or Company as well 3. IP Campaign [ in collaboration with ARIPO]
as encouraging clients to remain compliant to their post-registration obligations, by
participating in the waiver campaign, having their penalties waived and paying only the A generic Intellectual Property (IP) Awareness campaign, in partnership with the African
principle annual duty amounts. Regional Intellectual Property Organization (ARIPO), was successfully launched across
our social media platforms. The primary objective of this campaign was to educate and
engage both current and potential customers about the importance of IP rights, including
This campaign was executed on all BIPA’s trademarks, patents, copyrights, and industrial designs.
social media platforms, including live webinars, By leveraging various digital channels, we aimed to raise awareness on how IP protection
Newspapers, A frame Trailers, can drive innovation, safeguard creativity, and contribute to economic growth. This
initiative also served to reinforce our ongoing commitment to empowering businesses
Regional outreach, TV and Radio. and individuals with the knowledge necessary to protect their intellectual assets.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 95
9.7 Division: Client Management Services
Client Management Services Team
9.7.1 CMS Departmental/Divisional Overview
The Client Management Services Division is the liaison between BIPA and its clients. supporting unit to the Intellectual Property, the Business Registration and the Corporate
Because it engages BIPA clients across various channels, it ultimately plays the role of Communications and Marketing Departments in the form of stakeholder engagements
being the face and voice of the Registrar of Companies and Intellectual Property. The and information sharing sessions both in person and virtually.
division attends to client enquiries and the referencing of all submissions from Monday
to Friday between 08h30 and 16h30. The Division also engages BIPA stakeholders as the
96 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.7.2 Name Referencing, Approvals and
Rejections (New Business)
Business registration is conducted in two steps the first being the name reservation and All applications made through BIPA are submitted at the Client Service Centre. All such
then the submission of the Founding Statement. For a name reservation to be suitable applications require referencing in order to link the application to a specific process
for registration, it must not be undesirable according to the close Corporation and the embedded within BIPA’s registration system known as the Integrated Companies
Companies Act. Name Reservation applications must meet a certain set of criteria listed Registration System (ICRS). During the year under review, a total of 195585 business
in the Name Reservation Guidelines. This is to ensure that the Registrar still applies best registration related application were referenced, which include Beneficial Ownership
practices and keeps abreast with contemporary business name trends. documents from the month of August 2023 referenced total to 42384.
Month Total Applications Referenced BO Referenced
April 2023 12427 0
May 10656 0
June 11704 0
July 11231 0
August 7121 (BO referenced is included in this figure/total and all below) 1269
September 6893 2710
October 7631 3238
November 15700 4432
December 10445 2769
January 2024 22985 5630
February 21747 6711
March 57045 16894
Total 195585 42384
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 97
Applications Referenced Per Month: 1 April 2023- 31 March 2024
a. Name Reservations
For the FY 2023/24, received a total of 14498Name Reservation applications, comprising of 11474 (CC8) applications, 3024CM5 (PTY) applications. This is an overall increase of 8.2%
from last year’s total, where the increase is largely observed in the CM5 name reservation applications.
CC8 Approved CM5 Approved
Month Total Approved
(include resub approval) (include resub approval)
April 2023 1007 305 1312
May 863 234 1097
June 1116 263 1379
July 1017 246 1263
August 1101 226 1327
September 991 255 1246
October 995 286 1281
November 1056 264 1320
December 415 111 526
January 2024 1073 305 1378
February 983 270 1253
March 857 259 1116
Total 11474 3024 14498
9.7.3 Customer Satisfaction Reports
In 2023/24, the overall Customer Satisfaction rate reported an average 68%, where the standing certificate immediately thereafter. This has also afforded BIPA the opportunity
Quarter 2 satisfaction rate was 64% and Quarter 4 satisfaction rate was 72.5%. The to address a long-standing data integrity challenge, which can now be overcome, once
positive customer satisfaction rate was most likely influenced by the positive client journey the data received is captured and approved onto the ICRS.
in the Waiver project facility. This was an exercise where BIPA clients applied to receive Customer satisfaction rates may then improve now that BIPA is possession of the latest
their statements with the annual penalty removed from their account statement. This accurate and up-to-date client contact details and can engage clients via their preferred
meant that clients could get pay their annual duties up-to-date and receive their good channels.
98 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
9.7.4 Customer Service Plan Performance and Impact 9.7.5 Operations Statistics
a. Stats on email requests
From a Customer Service Plan perspective, the department achieved a 90% execution
During the 2023/24 FY, 2 996 emails were received and responded to or escalated in the
rate. This was achieved through the implementation of initiatives such as bulk SMS
same day of receipt. This is to ensure that all client queries are attended to on the same
notifications to clients. Staff training on BO implementation, the procurement of staff
day and for clients to receive responses to their queries as expeditiously. This not only
corporate wear and the planned in-person and virtual stakeholder engagements.
improves our client service ratings but also strengthens the relationship between BIPA
and its clients, which ultimately strengthens the brand’s credibility.
Month Total
April 2023 184
May 189
June 217
July 220
August 343
September 232
October 290
November 275
December 95
January 2024 290
February 303
March 358
Total For the Year 2996
This not only improves our client service ratings but also
strengthens the relationship between BIPA and its clients,
which ultimately strengthens the brand’s credibility.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 99
b. Call Centre Monthly Statistics
The BIPA Call Centre serves as a vital touchpoint for client engagement, offering support with performance tracked monthly to ensure responsiveness and service improvement.
and guidance to individuals and businesses seeking information on various services. The statistics below provide an overview of call volumes, answered and unanswered calls,
Throughout the reporting period, the Call Centre managed a high volume of enquiries, and overall service efficiency for the year.
Total Calls Call Answered Total Unanswered Unanswered Call
Month Total Calls Received
Answered Percentage Calls Percentage
April 2023 4469 3405 76% 1064 24%
May 4543 3484 76% 1059 24%
June 5443 3996 74% 1447 26%
July 4748 3541 74% 1207 26%
August 5342 3882 73% 1460 27%
September 4186 3256 78% 930 22%
October 4429 3548 80% 881 20%
November 4965 3529 72% 1436 28%
December 2604 1522 64% 1082 36%
January 2024 4728 3070 68% 1658 32%
February 5208 3405 67% 1803 34%
March 7513 3242 47% 4271 53%
Total For the year 58178 39880 69% 18298 31%
9.8 FINANCE AND ADMINISTRATION
100 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Finance and Administration Team
9.8.1 Overview
The financial year concluding on 31st March 2024 presented significant challenges for A waiver project was implemented during the year. This project generated N$24.56
BIPA. The Authority’s performance fell short of expectations. The implementation of million from entities that had not fulfilled their annual duty payments in the prior financial
Beneficial Ownership compliance resulted in negative impacts on financial performance. years, which subsequently settled their fees in the reporting year. The introduction of the
The anticipated 10% revenue growth was not realized, resulting in an actual growth of Waiver project at the end of quarter 3 resulted in an increase in the total cash balance,
only 7%. rising from N$42.79 million at the end of November 2023 to N$71.39 million by the end
of March 2024.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 101
The financial management activities of BIPA are regulated by the stipulations of the BIPA Act, the IPSAS
standards, and the financial policies of BIPA as sanctioned by the Board. Following these frameworks
has enabled BIPA to obtain unqualified audit opinions and fostered trust among its stakeholders.
The administration division demonstrated effective performance. The number of vehicles in BIPA
has risen by two because of the acquisition of minibuses. The procurement policies underwent a
thorough review, alongside an examination of the process workflows. The administration division
successfully obtained extra space to house the Waiver project team. Throughout the year, BIPA
maintained a record devoid of significant safety and health incidents.
9.8.1 Finances at a glance
FY2023/24 FY2022/23
Revenue Revenue
N$113,633,771 N$106,684,460
FY2023/24 FY2022/23
Revenue Growth Revenue Growth
7% 14%
FY2023/24 FY2022/23
Surplus Deficit
N$754,955 (N$6,149,623)
FY2023/24 FY2022/23
Net Assets Net Assets
N$106,350,149 N$103,632,413
Jones Lubinda
Executive: Finance and Administration
102 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
b. Staff costs per year
FY2023/24 Expenditure BIPA staff costs have steadily increased over the years. This is the result of
continued recruitment in line with BIPA strategies. BIPA has continuously managed
80,000,000
72,448,033 its employee growth to ensure it does not find itself in overstaffing situation.
70,000,000
60,000,000
50,000,000
40,000,000 Labour Cost
26,389,000 72,448,033
30,000,000 80,000,000 71,234,603
20,000,000 70,000,000 63,486,637
10,000,000 6,477,113 54,982,924
60,000,000
546,604 282,381 48,178,151
- 50,000,000
Employee Costs Depreciation Repairs and General Finance Costs
Maintenance Expenses 40,000,000
30,000,000
a. Annual budget per year (Capex vs Opex) 20,000,000
The annual OPEX and Revenue budgets for the past 5 years has been increasing 10,000,000
steadily, and this has made BIPA expand its operations. BIPA expanded and
improved service delivery. FY2019/20 FY20/21 FY21/22 FY22/23 FY23/24
Costs per employee increased from N$ 500,000 to N$ 600,000 from FY2022/23.
This amount has been maintained in FY2023/24
Annual Budget Average Cost per Employee
51,323,500
FY24/25 140,919,071
161,129,958 619,431
533,815 603,734
552,058
89,650,000
700000
FY23/24 123,470,193
134,721,990 600000
500000
35,094,075
FY22/23 99,093,355
102,619,483 400000
300000
23,573,000
FY21/22 91,235,378
91,503,844 200000
100000
31,550,000 103
FY20/21 87,753,593
87,969,727
0 115
- 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,000 180,000,000 FY2020/21 120
FY2021/22
CAPEX Budget OPEX Budget Revenue Budget FY2022/23
FY2023/24
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 103
c. Revenue per year Revenue Table.
BIPA’s revenue per employee was high in FY2020/21. After dropping in FY2021/22
it picked up and above N$ 900,000 but less than the result of FY2020/21. BIPA’s Revenue
employees are growing faster than revenue increase.
120,000,000 108,061,906 113,633,711
101,375,727
Annual revenues have continued to improve year-on-year. The graph below shows 100,000,000 93,925,343
88,090,241
an increase in revenue over the years. BIPA remains agile in its revenue collection to
ensure core revenues become cash cows. 80,000,000
60,000,000
Average Revenue per Employee 40,000,000
20,000,000
1000000 984,230
939,669 946,948
900000
816,742
800000 FY2019/20 FY2020/21 FY2021/22 FY2022/23 FY2023/24
700000
600000
500000
400000
300000 Revenue streams.
200000 BIPA’s revenue streams include core and none-core. Core revenues are annual duties,
100000 103 115 115 120
registration of business, intellectual roperty amendments and foreign receipts. Others
FY2020/21 FY2021/22 FY2022/23 FY2023/24 and GRN incomes are none-core revenues.
Permanant Employees Average cost per employee
Revenue Streams Table
Financial Year FY19/20 FY20/21 FY21/22 FY22/23 FY2023/24
Annual Duties 46,152,840 64,018,118 75,640,029 83,026,585 87,753,684
Registration of Businesses 4,839,232 4,865,802 4,119,769 4,069,310 4,600,909
Intellectual Property - Local 4,370,079 3,268,409 4,729,740 3,198,659 326,447
Amendments 840,976 502,728 1,008,098 1,252,385 566,812
Others 4,528,509 2,455,125 2,754,831 6,518,113 8,629,570
Intellectual Property - Foreign 2,399,288 7,104,014 7,134,207 9,321,854 9,956,289
GRN Grants 21,500,000 17,700,000 - 675,000 1,800,000
104 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
ii. Revenue from ARIPO/WIPO e. Budget execution rate per year
The revenue budget has been executed at an average of 101% in the last five years.
ARIPO revenues are growing faster than WIPO revenues. In the past five years, ARIPO This means BIPA on average achieved more revenues than budgeted.
revenues doubled.
Budget Utilisation - Revenue
ARIPO & WIPO Revenues 140,000,000 140%
7,000,000 6,081,414 120,000,000 120%
115% 106%
103%
6,000,000 5,306,637 89%
100,000,000 100%
5,000,000 92%
4,235,800 4,361,290
4,015,217 3,874,875 80,000,000 80%
4,000,000
3,092,114 60,000,000
2,850,214 2,772,917 60%
3,000,000
40,000,000 40%
2,000,000 2,766,991
20,000,000 20%
1,000,000
- 0%
-
FY19/20 FY20/21 FY21/22 FY22/23 FY2023/24
FY19/20 FY20/21 FY21/22 FY22/23 FY2023/24
Budgeted Revenue Actual Revenue Budget Utilisation
ARIPO Revenue WIPO Revenue
In the past 5 years, the expenditure budget has been managed well at an average of
d. Annual subsidy per year 98%. Actual expenditures have been below the budget.
Government subsidy has been reducing over the years. Past three years has seen
the lowest amount. Budget Utilisation - Expenditure
140,000,000 140%
124%
120,000,000 120%
96%
97%
21,500,000 100,000,000
85% 87% 100%
25,000,000 17,700,000
80,000,000 80%
20,000,000 60,000,000 60%
1,800,000 40,000,000 40%
15,000,000
675,000 FY2023/24 20,000,000 20%
10,000,000 FY22/23
- 0%
FY21/22 FY19/20 FY20/21 FY21/22 FY22/23 FY2023/24
5,000,000 FY20/21
Budgeted Expenditure Budget Utilisation
FY19/20
-
GRN Subsidy
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 105
9.8.3 Annual Duty Statistics f. Impact of ERP project on the organization
a. Number of entities that submitted annual returns and paid annual duties for the ERP will have a major impact on BIPA. In the first place, it brings efficiencies
period ending 31st March 2020 to 2024. in processes and reduces redundancies. Secondly, it will bring in improved
revenue collections and tight internal controls. Financial reporting will improve.
Financial year FY19/20 FY19/20 FY19/20 FY19/20 FY19/20
Annual Duties 26,321 27,321 30,024 33,323 34,495
Compliant 6. Procurement:
Entities
a) Approved Procurement Plan 2023/24
% Compliant 15% 15% 15% 16% 16%
Entities BIPA had an approved procurement plan for the year. The total value of the
procurement plan for FY 2023/24 was N$110,427,832.
2. Auditor General Compliance Certificate
Since 2019, BIPA has been submitting its annual financial statements to the Auditor b) Deviations from the procurement plan
General. In turn, BIPA has been receiving compliance certificates.
No deviation from the procurement plan was undertaken.
3. Audited Financial Statements
BIPA is engrained with a culture of having all annual financial statements signed off c) Stats on canceled bids
by the Board of Directors. The annual financial statements are also accompanied
by an external auditor report. The audit opinion remains unqualified – clean audit. No bids were canceled.
5. Projects undertaken/executed by/under F&A for FY2023/24
d) Stats on CAPEX vs OPEX Procurement
a. Project title: ERP Project
Only 35% of the overall procurement plan was executed.
b. Project budget: N$ 4.79 million
c. Project deliverables: ERP System e) Stats on non-compliance
d. Project timeline: 4 years None
e. Project status: Development
106 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
f) Total procurement figure for 2023/24
FY2022/23 Procurement Plan Implementation
Item Budget Q1 - Actual Q2 - Actual Q3 - Actual Q4 - Actual Totals Budget Balance
Goods 37,154,380 380,806 1,191,225 183,690 424,028 2,179,750 34,974,630
Works 371,752 137,866 51,519 9,220 11,188 209,793 161,959
Consultancy 5,553,023 1,353,226 308,889 615,384 537,552 2,815,052 2,737,971
Non-consultancy 5,795,308 863,712 1,084,316 1,250,683 1,367,498 4,566,210 1,229,098
Totals 48,874,463 2,735,610 2,635,949 2,058,978 2,340,267 9,770,804 39,103,659
7. Capital Projects:
a) Number of projects budgeted for 2023/24: 1
b) Projects completed: 0
c) Projects carried over and dates for completion (including status of each): 1
8. Facilities
a) Transport project/stats: 5 vehicles during the year.
b) Maintenance projects/stats All BIPA vehicles went through normal service. PZN, Katutura Building, and
Walvis Bay Building underwent renovations.
c) Inspection Two asset verifications happened during the year. Other inspections include fire
equipment in all offices.
Business and Intellectual Property Authority ANNUAL REPORT 2023/2024 107
FOR THE YEAR ENDED 31 MARCH 2024
“Innovation thrives where
creativity is safeguarded”
108 Business and Intellectual Property Authority ANNUAL REPORT 2023/2024
Annual Financial Statements for the year ended 31 March 2024
Index
The reports and statements set out below comprise the annual financial statements presented to the Board members:
Page
General Information................................................................................................................................................................................................. 110
Director’s Responsibilities and Approval................................................................................................................................................................ 111
Report of the Independent Auditors...................................................................................................................................................................... 112 - 114
Director’s Report........................................................................................................................................................................................................ 115 - 116
Statement of Financial Performance for the year ended 31 March 2024.......................................................................................................... 117
Statement of Financial Position as at 31 March 2024........................................................................................................................................... 119
Statement of Changes in Net Assets for the year ended 31 March 2024.......................................................................................................... 121
Statement of Cash Flows for the year ended 31 March 2024.............................................................................................................................. 122
Statement of Comparison of Budget and Actual Amounts for the year ended 31 March 2024...................................................................... 124 -126
Notes to the Annual Financial Statements............................................................................................................................................................ 127 - 162
Business and Intellectual Property Authority 109 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
General Information
Country of incorporation and domicile Namibia
Legal form of entity Public Enterprise established under the BIPA Act, 2016 (Act No. 8 of 2016),
Nature of business and principal activities To run a legal system for business and 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
Controlling party Ministry of Industrialization and Trade (“MIT”)
Bankers Bank Windhoek Limited
First National Bank Namibia
Nedbank Namibia Limited
Company Secretary Auguste Abisai
Line ministry Ministry of Industrialization and Trade (“MIT”)
Business and Intellectual Property Authority 110 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Director’s Responsibilities and Approval
The directors are required by theBusiness and Intellectual Property Authority Act of 2016 The directors are of the opinion, based on the information and explanations given by
“hereinafter BIPA Act, 2016, (Act No. 8 of 2016)”, to maintain adequate accounting records management, that the system of internal control provides reasonable assurance that the
and are responsible for the content and integrity of the annual financial statements and financial records may be relied on for the preparation of the annual financial statements.
related financial information included in this report. It is their responsibility to ensure However, any system of internal financial control can provide only reasonable, and not
that the annual financial statements fairly present the state of affairs of the company absolute, assurance against material misstatement or deficit.
as at the end of the financial year and the results of its operations and cash flows for
the period then ended, in conformity with the International Public Sector Accounting
Standards (IPSAS). The external auditors are engaged to express an independent opinion The directors have reviewed the Authority’s cash flow forecast for the year to 31 March
on the annual financial statements. 2025 and, in the light of this review and the current financial position, they are satisfied
that the Authority has or has access to adequate resources to continue in operational
existence for the foreseeable future.
The annual financial statements have been prepared in accordance with International
Public Sector Accounting Standards (IPSAS) and are based upon appropriate accounting
policies consistently applied and supported by reasonable and prudent judgements and The external auditors are responsible for independently auditing and reporting on the
estimates. Authority’s annual financial statements. The annual financial statements have been
examined by the Authority’s external Auditors and their report is presented on page 111
to 113.
The directors acknowledge that they are ultimately responsible for the system of internal
financial control established by the Authority and place considerable importance
on maintaining a strong control environment. To enable the Directors to meet these The annual financial statements set out on pages 114 to 161, which have been prepared
responsibilities, the Board of Directors sets standards for internal control aimed at reducing on the going concern basis, were approved by the Board of Directors on 12 March 2025
the risk of error or deficit in a cost effective manner. The standards include the proper and were signed on its behalf by:
delegation of responsibilities within a clearly defined framework, effective accounting
procedures and adequate segregation of duties to ensure an acceptable level of risk.
Approval of financial statements
These controls are monitored throughout the Authority and all employees are required to
maintain the highest ethical standards in ensuring the company’s business is conducted
in a manner that in all reasonable circumstances is above reproach. The focus of risk
management in the Authority is on identifying, assessing, managing and monitoring all
known forms of risk across the company. While operating risk cannot be fully eliminated,
the company endeavours to minimise it by ensuring that appropriate infrastructure,
controls, systems and ethical behaviour are applied and managed within predetermined Immanuel !Hanabeb Sara Katiti
procedures and constraints. Board Chairperson Chairperson: Finance,
Risk and Audit Committee
Windhoek
Wednesday, 12 March 2025
Business and Intellectual Property Authority 111 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Independent Auditor’s Report
To the Board of Directors of Business and Intellectual Property
Authority
Opinion Emphasis of matter
We have audited the annual financial statements of Business and Intellectual Property We draw attention to note 11 of the director’s report, which describes that management
Authority “hereinafter Authority” set out on pages 9 to 38, which comprise the statement has elected to present comparative information in accordance with the International
of financial position as at 31 March 2024, and the statement of financial performance, Reporting Framework Standard as permitted by the International Public Sector
the statement of changes in net assets, the statement of cash flows and statement of Accounting Standards 33, paragraph 82. The necessary disclosures, as required by the
comparison of budget and actual amounts for the year then ended, and the notes to the aforementioned paragraph, have been appropriately made. Accordingly, our opinion is
annual financial statements, including a summary of the significant accounting policies. not modified in respect of this matter.
In our opinion, the annual financial statements present fairly, in all material respects, Other Matter
the financial position of the Business and Intellectual Property Authority as at 31 March The annual financial statements of the Business and Intellectual Property Authority for
2024 and its financial performance and cash flows for the year then ended in accordance the year ended 31 March 2023, were prepared in terms of International Framework
with the International Public Sector Accounting Standards and the requirements of the Reporting Standard and were audited by another auditor who expressed an unmodified
Business and Intellectual Property Authority Act 8 of 2016. opinion on those statements on 05 March 2024.
Basis for Opinion Other information
We conducted our audit in accordance with International Standards on Auditing (ISAs). The directors are responsible for the other information. The other information comprises
Our responsibilities under those standards are further described in the “Auditor’s the directors’ report, which we obtained prior to the date of this auditor’s report. Other
Responsibilities for the Audit of the Annual Financial Statements” section of our information does not include the annual financial statements and our auditor’s report
report. We are independent of the Authority in accordance with the International thereon.
Ethics Standards Board for Accountants International Code of Ethics for Professional
Accountants (including International Independence Standards) and other independence BDO, a Namibian partnership, is registered with the Public Accountants and Auditors
requirements applicable to performing audits of financial statements in Namibia. We Board (Practice Number: 9402). Our firm has offices in Windhoek, Walvis Bay, and
have fulfilled our other ethical responsibilities in accordance with these requirements. Oshakati. BDO is a member of BDO International Limited, a UK company limited by
We believe that the audit evidence we have obtained is sufficient and appropriate to guarantee, and forms part of the International BDO network of independent member
provide a basis for our opinion. firms.
Business and Intellectual Property Authority 112 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Independent auditor’s report (continued)
Our opinion on the annual financial statements does not cover the other information Auditor’s Responsibilities for the Audit of the Annual Financial
and we do not express an audit opinion or any form of assurance conclusion thereon. Statements
Our objectives are to obtain reasonable assurance about whether the annual financial
In connection with our audit of the annual financial statements, our responsibility is to statements as a whole are free from material misstatement, whether due to fraud or
read the other information and, in doing so, consider whether the other information is error, and to issue an auditor’s report that includes our opinion. Reasonable assurance
materially inconsistent with the annual financial statements or our knowledge obtained in is a high level of assurance, but is not a guarantee that an audit conducted in accordance
the audit, or otherwise appears to be materially misstated. If, based on the work we have with ISAs will always detect a material misstatement when it exists. Misstatements can
performed on the other information that we obtained prior to the date of this auditor’s arise from fraud or error and are considered material if, individually or in the aggregate,
report, we conclude that there is a material misstatement of this other information, we they could reasonably be expected to influence the economic decisions of users taken
are required to report that fact. We have nothing to report in this regard. on the basis of these annual financial statements.
As part of an audit in accordance with ISAs, we exercise professional judgement and
Responsibilities of the directors for the Annual Financial maintain professional scepticism throughout the audit. We also:
Statements • Identify and assess the risks of material misstatement of the annual financial
The directors are responsible for the preparation and fair presentation of the annual statements, whether due to fraud or error, design and perform audit
financial statements in accordance with International Public Sector Accounting Standards procedures responsive to those risks and obtain audit evidence that is sufficient
and the requirements of the Business and Intellectual Property Authority Act 8 of 2016 and appropriate to provide a basis for our opinion. The risk of not detecting
and for such internal controls as the directors determines is necessary to enable the a material misstatement resulting from fraud is higher than for one resulting
preparation of annual financial statements that are free from material misstatement, from error, as fraud may involve collusion, forgery, intentional omissions,
whether due to fraud or error. misrepresentations, or the override of internal control.
• Obtain an understanding of internal control relevant to the audit in order to
design audit procedures that are appropriate in the circumstances, but not for
In preparing the annual financial statements, the directors are responsible for assessing the purpose of expressing an opinion on the effectiveness of the authority’s
the Authority’s ability to continue as a going concern, disclosing, as applicable, matters internal control.
related to going concern and using the going concern basis of accounting unless the
directors either intends to liquidate the Authority or to cease operations, or have no
realistic alternative but to do so.
Business and Intellectual Property Authority 113 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Independent Auditor’s Report (Continued)
BDO, a Namibian partnership, is registered with the Public Accountants and Auditors • Evaluate the overall presentation, structure and content of the annual financial
Board (Practice Number: 9402). Our firm has offices in Windhoek, Walvis Bay, and statements, including the disclosures, and whether the annual financial
Oshakati. BDO is a member of BDO International Limited, a UK company limited by statements represent the underlying transactions and events in a manner that
guarantee, and forms part of the International BDO network of independent member achieves fair presentation.
firms.
We communicate with the directors regarding, among other matters, the planned scope
• Evaluate the appropriateness of accounting policies used and the and timing of the audit and significant audit findings, including any significant deficiencies
reasonableness of accounting estimates and related disclosures made by the in internal control that we identify during our audit.
directors.
• Conclude on the appropriateness of the directors’ use of the going concern
basis of accounting and based on the audit evidence obtained, whether a
material uncertainty exists related to events or conditions that may cast
significant doubt on the authority’s ability to continue as a going concern.
If we conclude that a material uncertainty exists, we are required to draw BDO (Namibia)
attention in our auditor’s report to the related disclosures in the annual financial Registered Accountants and Auditors
statements or, if such disclosures are inadequate, to modify our opinion. Our Chartered Accountants (Namibia)
conclusions are based on the audit evidence obtained up to the date of our
auditor’s report. However, future events or conditions may cause the authority
Per: A Musarurwa 23 January 2024
to cease to continue as a going concern.
Partner Windhoek
BDO, a Namibian partnership, is registered with the Public Accountants and Auditors Board (Practice Number: 9402). Our firm has offices in Windhoek, Walvis Bay, and Oshakati.
BDO is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the International BDO network of independent member firms.
Business and Intellectual Property Authority 114 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Director’s Report
The directors have pleasure in submitting their report on the annual financial statements or have no realistic alternative but to do so. The going concern presumes that funds will
of Business and Intellectual Property Authority for the year ended 31 March 2024. be available to finance future operations and that the realization of assets and settlement
of liabilities, contingent obligations, and commitments will occur in the ordinary course
of business.
1. Nature of business
Business and Intellectual Property Authority was incorporated in Namibia with interests 4. Subsequent events
in running the legal system for business and intellectual property registration, protection
and promotion thereof. The Authority operates in Namibia. The directors are not aware of any material matter or circumstance arising since the
end of the financial year.
2. Review of financial results and activities
5. Directorate
The annual financial statements have been prepared in accordance with the International
Public Sector Accounting Standards (“IPSAS”) from 1 April 2023. These are the first annual The directors of the entity during the year and to the date of this report are as follows:
financial statements under IPSAS financial reporting framework, see Note 27.
Name Nationality
Therefore, the accounting policies have not been applied consistently compared to the Immanuel !Hanabeb Namibian
prior year.
Sara Katiti Namibian
Full details of the financial position, results of operations and cash flows of the Justin Strauss Namibian
Authority are set out in these annual financial statements.
Ashley Tjipitua Namibian
The operating results and state of affairs of the entity are fully set out in the
Nancy Watyoka Namibian
attached annual financial statements and do not in our opinion require any further
comment.
Hilka Alberto Namibian
Julius Haikali Namibian
3. Going concern
In preparing the financial statements, the directors are responsible for assessing the
ability to continue as a going concern, disclosing, as applicable, matters related to 6. Auditors
going concern, and using the going concern basis of accounting unless the directors or
BDO (Namibia) was appointed for the first time during the current financial year
shareholder (Government) either intend to liquidate the Authority or to cease operations
Business and Intellectual Property Authority 115 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
7. Secretary 11. Comparatives
The secretary of the entity is Auguste Abisai of: The comparatives are prepared on the basis of IFRS in accordance with IPSAS33.82
and thus do not comply with IPSAS. The following are main adjustments that would be
Business address 3 Ruhr Street Northern Industrial Area required to comply with IPSAS
Windhoek
Namibia
Statement of Financial Perfomance for the year ended 31 March 2023:
Postal address P.O. Box 185 1. Revenue will be reduced by the deferred income amounting to N$231 931
Windhoek from GIZ and N$1 620 404 from Bank of Namibia released during the year, and
Namibia increase by actual the donation/grant received from Bank of Namibia amounting
to N$ 5 591 045. Effective reduced the total comprehensice loss (deficit - IPSAS)
for the year 2023 by N$3 738 710. The adjustment is due to the fact that these
grant and donation agreement do not meet the criteria of conditinal grants.
8. Directors’ interest in contracts
2. Other comprehensive as reported in 2023 would have been reduced by N$183
During the financial year, no contracts were entered into with the directors or 850 of revaluation reserve as this would have been recognised direct in the
officers of the Authority, the directors or officers do not hold any interest in the statement of Net Assets (see the disclosure of Opening Statement of Financial
Authority. Position as at 1 April 2023 in note 27).
The overall impact of the above two (2) main adjustments would be resulted in total
9. Katutura office building comprehensive loss (deficit) for the year ending 31 March 2023 to be reduced to N$2
594 763 instead of the N$6 149 623.
Katutura Office Building situated on Erf 2780, Shire Street Wanaheda has not been
included in the financial statements. The matter is with the line Ministry’s lawyers seeking Opening Statemenf of Financial Position as at 1 April 2022
to recover the funds of N$20,160,000 for the purchase of this Office Building, whereas
the BIPA board was seeking to recover the N$ 2,160,000 paid for transfer duties. For 3. The accumulated surplus would have been increased by the opening balance
the past 7 years BIPA has been enganging the lawyers to recover the amount, however of deferred income from GIZ grants amounting to N$2 783 177.
the legal process has proven to be futile as such the board made a decision, in 2022/23
4. Property plant and equipment would have increased by N$4 720 905 of Right-
financial year, to write off the transfer duties amount owed of N$2,160,000.
of-use assets.
10. Membership in Associations Statement of Cash flows for the year ending 31 March 2023
BIPA is member of the followng association: 5. The Net cash from operating activities would have increased by the grant from
Bank of Namibia of N$5 591 045 and grant from GIZ donation (refund of payroll
1. African Regional Intellectual Property Organisation (ARIPO) cost) of N$182 155, while the Cash flow from financing activities would have
been reduced by the same amounts. However, the net increase in cash and cash
2. World Intellectual Property Organisation (WIPO) equivalents will remain the same.
The table of the above main adjustments are presented in note 27.
Business and Intellectual Property Authority 116 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Statement of Financial Performance for the year ended 31 March 2024
Figures in Namibia Dollar Note(s) 2024 2023
IFRS*
Revenue
Revenue from non-exchange transactions
Taxation revenue
Annul duties - Companies and Close Corporations 87,753,684 83,026,585
Transfer revenue
Transfers from other government entities 1,800,000 675,000
Public contributions and donations - 1,852,335
Beneficial ownership penalties 112,950 -
Total revenue from non-exchange transactions 89,666,634 85,553,920
Revenue from exchange transactions
Service charges 4 18,788,605 17,832,788
Other income 5 986,366 546,942
Interest received - investment 6 4,192,106 2,750,810
Total revenue from exchange transactions 23,967,077 21,130,540
Total revenue 113,633,711 106,684,460
Expenses
Employee costs 7 (72,448,033) (72,070,140)
Depreciation and amortisation expense 8 (6,477,113) (6,315,914)
Repairs and maintenance (546,604) (241,685)
Business and Intellectual Property Authority 117 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Debt impairment 87 (8,164)
General Expenses (26,389,000) (22,098,816)
Finance costs 10 (282,381) (649,929)
Total expenses (106,143,044) (101,384,648)
Other gains
Gain on foreign exchange 12 34,288 909,223
Revaluation surplus on Land - 183,850
Impairment loss - (168,200)
Gain on disposal of assets or settlement of liabilities attributable to discontinuing - 468,222
operations
Architectural Work in progress write off - (12,842,530)
Total other gains (losses) 34,288 (11,449,435)
Surplus (deficit) for the year 7,524,955 (6,149,623)
- See Note
Business and Intellectual Property Authority 118 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Statement of Financial Position as at 31 March 2024
Figures in Namibia Dollar Note(s) 2024 2023
IFRS*
Assets
Current Assets
Cash and cash equivalents 13 30,779,194 28,170,040
Receivables from exchange transactions 14 7,840,900 8,499,061
Investments at fair value 15 40,614,397 37,391,423
79,234,491 74,060,524
Non-Current Assets
Property, plant and equipment 16 25,407,248 21,567,430
Right-of-use assets 17 - 4,720,905
Intangible assets 18 1,708,410 3,283,554
27,115,658 29,571,889
Total Assets 106,350,149 103,632,413
Liabilities
Current Liabilities
Payables under exchange transactions 19 15,390,028 17,557,606
Lease liabilities 20 1,994,055 3,211,484
Unspent conditional grants and receipts (Deferred income) 21 - 4,202,570
17,384,083 24,971,660
Business and Intellectual Property Authority 119 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Figures in Namibia Dollar Note(s) 2024 2023
IFRS*
Non-Current Liabilities
Lease liabilities 20 - 2,068,463
Unspent conditional grants and receipts (Deferred income) 21 - 2,319,315
- 4,387,778
Total Liabilities 17,384,083 29,359,438
Net Assets 88,966,066 74,272,975
Net Assets/Equity Attributable to Owners of Controlling Entity
Contributed capital 22 34,491,766 34,491,766
Revaluation reserve 23 618,388 -
Accumulated surplus 53,855,912 39,781,208
Total Net Assets/Equity 88,966,066 74,272,974
- See Note
Business and Intellectual Property Authority 120 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Statement of Changes in Net Assets for the year ended 31 March 2024
Contributed Revaluation Accumulated Total net
Figures in Namibia Dollar capital reserve surplus assets/equity
Opening balance as previously reported Adjustments 34,491,766 - 45,869,529 80,361,295
Prior year adjustments - - 61,302 61,302
Balance at 1 April 2022 IFRS 34,491,766 - 45,930,831 80,422,597
Changes in net assets/equity
Surplus for the year - - (6,149,623) (6,149,623)
Total changes - - (6,149,623) (6,149,623)
Opening balance as previously reported in IFRS Adjustments 34,491,766 183,850 39,781,206 74,456,822
Change in accounting framework
Balance at 1 April 2023 - - 6,549,751 6,549,751
Changes in net assets/equity 34,491,766 183,850 46,330,957 81,006,573
Revaluation - 434,538 - 434,538
Net income recognised directly in net assets/equity - 434,538 - 434,538
Surplus for the year - - 7,524,955 7,524,955
Total recognised income and expenses for the year - 434,538 7,524,955 7,959,493
Total changes - 434,538 7,524,955 7,959,493
Balance at 31 March 2024 34,491,766 618,388 53,855,912 88,966,066
Note(s) 22 23
- See Note
Business and Intellectual Property Authority 121 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Statement of Cash Flows for the year ended 31 March 2024
Figures in Namibia Dollar Note(s) 2024 2023
IFRS*
Cash flows from operating activities
Receipts
Annual duties 87,753,684 83,026,585
Service charges 20,487,711 18,379,730
Government grants and subsidies 1,800,000 2,295,404
Interest received 4,192,106 2,750,811
Beneficial ownership penalties - Revenue 112,950 -
114,346,451 106,452,530
Payments
Employee costs (77,988,151) (71,251,853)
Suppliers (23,566,495) (26,611,845)
(101,554,646) (97,863,698)
Net cash flows from operating activities 12,791,805 8,588,832
Business and Intellectual Property Authority 122 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Statement of Cash Flows for the year ended 31 March 2024 (Continued)
Figures in Namibia Dollar Note(s) 2024 2023
IFRS*
Cash flows from investing activities
Purchase of property, plant and equipment 16 (3,391,404) (1,568,137)
Proceeds from sale of property, plant and equipment 16 - 245,950
Purchases of investments at fair value (3,222,974) (3,800,000)
Net cash flows from investing activities (6,614,378) (5,122,187)
Cash flows from financing activities
Finance lease payments (3,568,273) (3,099,512)
Bank of Namibia grant - 5,591,045
GIZ Donation (refund of payroll cost) - 182,156
Net cash flows from financing activities (3,568,273) 2,673,689
Net increase in cash and cash equivalents 2,609,154 6,140,334
Cash and cash equivalents at the beginning of the year 28,170,040 22,029,706
Cash and cash equivalents at the end of the year 13 30,779,194 28,170,040
- See Note
Business and Intellectual Property Authority 123 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Statement of Comparison of Budget and Actual Amounts for the year ended 31 March 2024
Budget on Cash Basis
Approved Adjustments Final Budget Actual amounts Difference % of Reference
budget on comparable between final Utilisation
basis budget and
Figures in Namibia Dollar actual
Statement of Financial Performance
Revenue
Revenue from non-exchange transactions
Taxation revenue
91,112,506 (3,358,822) (4)%
Property rates 91,112,506 - 87,753,684
Transfer revenue
1,800,000 - -%
Transfers from other government entities 1,800,000 - 1,800,000
Public contributions and donations 3,970,640 (3,970,640) - - - -% R1
Fines, penalties and levies - - - 112,950 112,950 -%
Total revenue from non-exchange
96,883,146 (3,970,640) 92,912,506 89,666,634 (3,245,872) (4)%
transactions
Revenue from exchange transactions
Service charges 16,034,066 - 16,034,066 18,788,605 2,754,539 17 % R2
Other income - (rollup) 418,280 - 418,280 986,366 568,086 136 % R3
Interest received - investment 4,448,813 - 4,448,813 4,192,106 (256,707) (6)% R4
Total revenue from exchange transactions 20,901,159 - 20,901,159 23,967,077 3,065,918 15 %
Total revenue 117,784,305 (3,970,640) 113,813,665 113,633,711 (179,954) 1%
Business and Intellectual Property Authority 124 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Statement of Comparison of Budget and Actual Amounts
Expenditure
Employee costs (74,498,637) - (74,498,637) (72,448,033) 2,050,604 3%
Depreciation and amortisation expense (6,062,511) - (6,062,511) (6,477,113) (414,602) 1%
Repairs and maintenance (759,872) - (759,872) (546,604) 213,268 28 % E1
Debt impairment - - - 87 87 -%
General Expenses (33,819,064) - (33,819,064) (26,389,000) 7,430,064 22 % E1
Finance costs (690,547) - (690,547) (282,381) 408,166 59 % E2
Total expenditure (115,830,631) - (115,830,631) (106,143,044) 9,687,587 8%
Budget on Cash Basis
Final Actual
Approved Adjustments Difference % of Reference
Budget amounts
between
budget on comparable Utilisation
final
basis budget and
Figures in Namibia Dollar actual
Operating surplus 1,953,674 (3,970,640) (2,016,966) 7,490,667 9,507,633 371 %
Gain on foreign exchange - - - 34,288 34,288 -%
Surplus before taxation 1,953,674 (3,970,640) (2,016,966) 7,524,955 9,541,921 (4)%
Actual Amount on Comparable Basis as Presented 1,953,674 (3,970,640) (2,016,966) 7,524,955 9,541,917 373 %
in the Budget and Actual Comparative Statement
Business and Intellectual Property Authority 125 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Statement of Comparison of Budget and Actual Amounts
Budget difference explanations:
R1 Upon adoption of IPSAS, the deferred revenue recognised based on previous financial reporting framework was
reclassifed to opening accumulated surplus as it no longer met conditional grants as per IPSAS definition.
R2 The favourable variance was due to increase in share of the global and african income, and coupled with
depreciation of Namibian dollar against foreign currencies.
R3 The favourable variance was due to receipt of unbudgeted sundry income.
R4 The favourable variance is due to increase in interest bearing financial assets.
E1 The favourable variance is due to some planned activities not being executed before year end.
E2 The favourable variance is due to decrease in capital of lease liability.
Note: BIPA is not required to prepare and publish Budgets for Financial Position and Cash flow, thus exempted in terms of IPSAS 24.5, from preparing the Statement of Comparison
of the Budget and Actual Amounts for those statements.
Business and Intellectual Property Authority 126 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Figures in Namibia Dollar Note(s) 2024 2023
1. Significant account policies
A summary of the significant accounting policies, which have been consistently applied in is inherent in the formation of estimates. Actual results in the future could differ from
the preparation of these annual financial statements, are disclosed below. these estimates which may be material to the annual financial statements. Significant
judgements include:
1.1 Basis of preparations Impairment of non-financial assets
The annual financial statements have been prepared in accordance with the Cash basis The Authority reviews and tests the carrying value of assets when events or changes
of International Public Sector Accounting Standards (“IPSAS”) from 1 April 2023. These in circumstances suggests that the carrying amount may not be recoverable. When
are first annual financial statements under IPSAS financial reporting framework, see note such indicators exists, management determine the recoverable amount by performing
27 on First Adoption and Transition statement. value in use and fair value calculations. These calculations require the use of estimates
and assumptions. When it is not possible to determine the recoverable amount for an
individual asset, management assesses the recoverable amount for the cash generating
Therefore, the accounting policies have not been applied consistently compared to the unit to which the asset belongs.
prior year.
Provisions
These annual financial statements have been prepared on the historical cost basis, except
for Land and Building included in property, plant and equipment which is measured Provisions are inherently based on assumptions and estimates using the best information
at fair value and incorporate the principal accounting policies set out below, and are available. Additional disclosure of these estimates of provisions are included in note 1.14.
presented in Namibia Dollars.
Residual values and useful lives of property, plant and equipment
The assets are classified under property, plant and equipment and the useful lives are
1.2 Presentation currency
determined as set out in note .1.7.
These annual financial statements are presented in Namibia Dollar, which is the
The useful lives of the property, plant and equipment is in line with the industry norm.
functional currency of the Authority.
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
1.3 Significant judgements and sources of estimation uncertainty
from previous estimates, the change is accounted as a change in accounting estimate.
In preparing the annual financial statements, management is required to make estimates
and assumptions that affect the amounts represented in the annual financial statements
and related disclosures. Use of available information and the application of judgement
Business and Intellectual Property Authority 127 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.3 Significant judgements and sources of estimation uncertainty (continued)
Trade receivable
The Authority assesses its trade receivables for impairment at the end of each reporting receive payment of fees for the registration and application of businesses and intellectual
period. In determining whether an impairment loss should be recorded in the surplus or property. Transfer of services is performed at a point in time.
deficit, the Authority makes judgement as to whether there is observable data indicating
a measurable decrease in the estimated future cash flows from the financial asset. The
impairment (or loss allowance) for trade receivables is calculated on a portfolio basis, Registrations of Trademarks, Patents and Industrial Designs
except for individually significant trade receivables, which are assessed separately. The
Revenue transactions that arise as a result of trademark and designs annual fee per class
impairment test on the portfolio is based on historical loss ratios, adjusted for national
and patent maintenance fees and are charged as per the Regulation published in the
and industry-specific economic conditions and other indicators present at the reporting
Government Gazette and recognised over time when the trademark, patent and design
period that correlate with defaults on the portfolio. These annual loss ratios are applied
holder file a return to the Registrar of Patents, Trademarks and Designs. These fees are
to loan balances in the portfolio and scaled to the estimated loss emergence period.
raised in terms of the Regulations of the Industrial Property Act.
Leases Investment income
The Authority exercises judgement in classifying leases in line with IPSAS 42 as set out in
note 1.8. Investment income comprise of interest income received.
1.4 Revenue from exchange transactions Interest income is accrued with reference to the principal amount outstanding, using
the effective interest method.
Revenue is recognised to the extent that the Authority has rendered services provided the
amount of revenue can be measured reliably and it is probable that economic benefits
associated with the transaction will flow to the Authority. Revenue is measured at fair 1.5 Revenue from non-exchange transactions
value of the consideration received or receivable, excluding trade discounts and rebates.
The following are revenues from non-exchange transactions:
• Annual duties
Revenue from registrations, applications and amendments • Fines, penalties
• Transfers - including grants, Gifts and Service-in-kind
Revenue from registrations and applications comprise of business and intellectual • Anniversary fines
property registration fees charged upon registration. The business and intellectual • Waiver
property fees are charged as per the Regulation published in the Government Gazette,
and the fees are recognized at the point when the Authority has a present right to
Business and Intellectual Property Authority 128 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.7 Property, plant and equipment (continued)
Revenue from non- exchange shall be measured at the amount of the increase in net replacement cost is recognised in the carrying amount of an item of property, plant and
assets recognised by the entity. The measurement shall be based initially at fair value as equipment, the carrying amount of the replaced part is derecognised.
at the date of acquisition. When the Authority recognises an asset, it shall also recognise
revenue, except to the extent that a liability is also recognised in respect of the same
inflow. The asset is recognised when it is probable that future economic benefit or NOTE: Right of use of asset (building) has been classified (on the face of financial position
service potential associated with the asset will flow to the entity and that the fair value of and notes) together with buildings in accordance with IPSAS 43.50 as part of early
the asset can be measured reliably. adoption of IPSAS 43.103.
1.6 Tax Depreciation is provided using the straight- line method to write down the cost, less
estimated residual value over the useful life of the property, plant and equipment as
Tax expenses follows:
Item Average useful life
The Authority is exempt from Income Tax in terms of section 16(1)(e)(i) of the Income
Land Infinite
Tax Act No. 24 of 1981.
Buildings 3 - 50 years
Right-of-use assets 3 years
1.7 Property, plant and equipment
IT equipment 3 - 15 years
Property, plant and equipment are tangible items that: Motor vehicles 2 - 5 years
(a) Are held for use in the production or supply of goods or services, for rental to Furniture and fixtures 5 - 10 years
others, or for administrative purposes; and Office equipment 3 years
Other Fixed Assets 2 - 10 years
(b) Are expected to be used during more than one reporting period.
Property, plant and equipment is stated at historical cost less accumulated depreciation. If the major components of an item of property, plant and equipment have significantly
Historical cost includes expenditure that is directly attributable to the acquisition of the different patterns of consumption of economic benefits, the cost of the asset is allocated
items and impairment losses. to its major components and each such component is depreciated separately over its
useful life.
Cost include costs incurred initially to acquire or construct an item of property, plant and
equipment and costs incurred subsequently to add to, replace part of, or service it. If a
Business and Intellectual Property Authority 129 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.7 Property, plant and equipment (continued) The right-of-use assets are initially measured at cost, which comprise:
Land and Building is being revalued at fair value at the date of revaluation less subsequent (a) the amount of the initial measurement of the lease liability
depreciation and impairment subsequent measurent. Land is not depreciated.
(b) any lease payments made at or before commencement date, less any lease
incentives
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 (c) any initial direct costs incurred by the lessee
estimate. (d) an estimate of costs to be incurred by the lessee in dismantling and removing
the underlying assets or restoring the site on which the assets are located.
The depreciation charge for each period is recognised in surplus or deficit unless it is
included in the carrying amount of another asset. 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-
The gain or loss arising from the derecognition of an item of property, plant and measurement of the lease liability.
equipment is included in profit or loss when the item is derecognised. The gain or loss
arising from the derecognition of an item of property, plant and equipment is determined If the lessor transfers ownership of the underlying asset to the Authority by the end
as the difference between the net disposal proceeds, if any and the carrying amount of of the lease term or if the lease agreement of the right-of-use asset reflects that the
the item. Authority will exercise a purchase option, the Authority depreciates the right-of-use asset
using straight-line method from the transfer date or exercise option date to the end of
Capital work in progress is measured at cost less accumulated impairment. the useful life of the underlying asset.
1.8 Leases The lease liability is initially measured at the present value of the lease payments that are
not paid at that date. These include:
Leases are recognised, measure and presented in line with IPSAS 43
(a) fixed payments, less any lease incentives;
NOTE: The Authority opted for early adoption of IPAS 43 (b) variable lease payments that depend on an index or rate, initially
measured using the index or rate as at the commencement date;
The Authority recognises a right -of-use asset and lease liability at the commencement (c) amounts expected to be payable by the lessee under residual value
of the contract for all leases conveying the right to control the use of an identified assets guarantees;
for a period in time. The commencement date is the date on which the lessor makes an (d) payments of penalties for terminating the lease, if the lease term reflects the
underlying asset available for use by a lessee. leasee exercising an option to terminate the lease term.
Business and Intellectual Property Authority 130 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.8 Leases (continued)
The lease payments exclude variable elements which are dependent on external factors. (b) The cost or fair value of the asset can be measured reliably.
Variable lease payments not included in the initial measurement of the lease liability are
recognised directly in surplus or deficit.
An intangible assets is measured initially at cost. Where an intangible asset is acquired
through a no-nexchange transaction, its initial cost at the date of acquisition, is measured
The lease payments are discounted using the Authority’s incremental borrowing rate or at its fair value as at that date.
the implicit rate in the lease contract.
An intangible asset is regarded as having an indefinite useful life when, based on all
The lease term determined by the Authority comprises: relevant factors, there is no foreseeable limit to the period over which the asset is
expected to generate net cash inflows. Amortisation is not provided for the intangible
(a) non-cancellable period of lease contracts
assets, but they are tested for impairment annually, and whenever there is an indication
(b) periods covered by an option to extend the lease, if the lessee is reasonably that the asset may be impaired. For all other intangible assets, amortisation is provided
certain to exercise that option; on a straight-line basis over their useful life.
(c) periods covered by an option to terminate the lease, if the lessee is
reasonably certain to exercise that option; The amortisation period and the amortisation method for intangible assets are reviewed
every period-end. Reassessing the useful life of an intangible asset with finite useful life
after it was classified as indefinite is an indicator that the asset may be impaired. As a
After the commencement the Authority measures the lease liability: result the asset may be tested for impairment and the remaining carrying amount is
amortised over its useful life.
(a) increasing the carrying amount to reflect the interest on the lease liability
(b) reducing the carrying amount to reflect the lease payments made, and
Intangible assets are carried at cost less any accumulated amortisation and any
(d) remeasuring the carrying amount to reflect any assessment or lease impairment losses.
modifications
After initial recognition, an intangible asset is carried at its cost less any accumulated
1.9 Intangible assets amortization and any accumulated impairment losses.
An intangible assets is recognized if, and only if:
Amortization is provided to write down the cost, less estimated residual value by equal
(a) It is probable that the expected future economic benefits or service potential installments over the useful life of the intangible assets, which is as follows:
that are attributable to the asset will flow to the entity; and
Business and Intellectual Property Authority 131 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.9 Intangible assets (continued) After the recognition of an impairment loss, the depreciation (amortization) charge for
the asset is adjusted in future periods to allocate the asset’s revised carrying amount,
Item Useful life less its residual value (if any), on a systematic basis over its remaining useful life.
Computer software 5 years
If there is any indication that an asset may be impaired, the recoverable amount is
estimated for the individual asset. If it is not possible to estimate the recoverable amount
1.10 Impairment of cash-generating assets of the individual asset, the Authority determines the recoverable amount of the cash-
generating unit to which the asset belongs (the asset’s cash-generating unit).
The Authority assesses at each reporting date whether there is any indication that an
asset may be impaired. If any such indication exists, the entity estimates the recoverable
amount of the asset. Cash-generating units are identified consistently from period to period for the same
asset or types of assets, unless a change is justified.
Irrespective of whether there is any indication of impairment, the entity also:
The carrying amount of a cash-generating unit is determined on a basis consistent with
(a) Tests an intangible asset with an indefinite useful life or an intangible asset not yet the way the recoverable amount of the cash-generating unit is determined.
available for use for impairment annually by comparing its carrying amount with its
recoverable amount. This impairment test may be performed at any time during the
reporting period, provided it is performed at the same time every year. Different intangible In allocating an impairment loss, the Authority does not reduce the carrying amount of
assets may be tested for impairment at different times. However, if such an intangible an asset below the highest of:
asset was initially recognized during the current reporting period, that intangible asset
shall be tested for impairment before the end of the current reporting period. (a) Its fair value less costs to sell (if determinable);
(b) Its value in use (if determinable); and
If, and only if, the recoverable amount of an asset is less than its carrying amount, the (c) Zero
carrying amount of the asset is reduced to its recoverable amount. That reduction is
an impairment loss. An impairment loss is recognized immediately in surplus or deficit,
unless the asset is carried at revalued amount in accordance with another Standard. Any Where a non-cash-generating asset contributes to a cash -generating unit, a proportion
impairment loss of a revalued asset is treated as a revaluation decrease in accordance of the carrying amount of that non-cash-generating asset is allocated to the carrying
with that other Standard. amount of the cash-generating unit prior to estimation of the recoverable amount of
the cash-generating unit. The carrying amount of the non-cash-generating asset reflects
any impairment losses at the reporting date that have been determined under the
When the amount estimated for an impairment loss is greater than the carrying amount requirements of the accounting policy on impairment of non-cash-generating assets.
of the asset to which it relates, the Authority recognizes a liability if, and only if, that is
required by another Standard.
Business and Intellectual Property Authority 132 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.10 Impairment of cash-generating assets (continued)
After the requirements have been applied, a liability is recognized for any remaining initially recognized during the current reporting period, that intangible asset is tested for
amount of an impairment loss for a cash-generating unit if, and only if, that is required impairment before the end of the current reporting period.
by another standard.
If, and only if, the recoverable service amount of an asset is less than its carrying amount,
The entity assesses at each reporting date whether there is any indication that an the carrying amount of the asset is reduced to its recoverable service amount. That
impairment loss recognized in prior periods for an asset other than goodwill may no reduction is an impairment loss. An impairment loss is recognized immediately in surplus
longer exist or may have decreased. If any such indication exists, the entity estimates the or deficit, unless the asset is carried at revalued amount in accordance with another
recoverable amount of that asset. Standard. Any impairment loss of a revalued asset is treated as a revaluation decrease in
accordance with that other Standard.
A reversal of an impairment loss for an asset other than goodwill is recognized immediately
in surplus or deficit, unless the asset is carried at revalued amount in accordance with When the amount estimated for an impairment loss is greater than the carrying amount
another Standard. Any reversal of an impairment loss of a revalued asset is treated as a of the asset to which it relates, the entity recognizes a liability if, and only if, that is
revaluation increase in accordance with that other Standard. required by another IPSAS. After the recognition of an impairment loss, the depreciation
(amortization) charge for the asset is adjusted in future periods to allocate the asset’s
revised carrying amount, less its residual value (if any), on a systematic basis over its
After a reversal of an impairment loss is recognized, the depreciation (amortization) remaining useful life.
charge for the asset is adjusted in future periods to allocate the asset’s revised carrying
amount, less its residual value (if any), on a systematic basis over its remaining useful life.
The entity assesses at each reporting date whether there is any indication that an
impairment loss recognized in prior periods for an asset may no longer exist or may
1.11 Impairment of non-cash-generating assets have decreased. If any such indication exists, the entity estimates the recoverable service
The entity assesses at each reporting date whether there is any indication that an asset amount of that asset.
may be impaired. If any such indication exists, the entity estimates the recoverable
service amount of the asset. An impairment loss recognized in prior periods for an asset is reversed if, and only if, there
has been a change in the estimates used to determine the asset’s recoverable service
Irrespective of whether there is any indication of impairment, the entity also tests an amount since the last impairment loss was recognized. If this is the case, the carrying
intangible asset with an indefinite useful life or an intangible asset not yet available amount of the asset is increased to its recoverable service amount. That increase is a
for use for impairment annually by comparing its carrying amount with its recoverable reversal of an impairment loss. The increased carrying amount of an asset attributable to
service amount. This impairment test may be performed at any time during the reporting a reversal of an impairment loss does not exceed the carrying amount that would have
period, provided it is performed at the same time every year. Different intangible assets been determined (net of depreciation or amortization) if no impairment loss had been
may be tested for impairment at different times. However, if such an intangible asset was recognized for the asset in prior periods.
Business and Intellectual Property Authority 133 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.11 Impairment of non-cash-generating assets (continued) Classification
A reversal of an impairment loss for an asset is recognized immediately in surplus or deficit, Classification of financial assets
unless the asset is carried at revalued amount in accordance with another Standard. Any
reversal of an impairment loss of a revalued asset is treated as a revaluation increase in Classification and measurement as cash and cash equivalents
accordance with that other Standard.
Other financial assets consist of short-term investments invested in unit trusts. These
After a reversal of an impairment loss is recognized, the depreciation (amortization) short -term investments can be called at any given time. Financial instruments are
charge for the asset is adjusted in future periods to allocate the asset’s revised carrying initially measured at fair value, with changes in fair value recognised in profit or loss, as
amount, less its residual value (if any), on a systematic basis over its remaining useful life. they arise, unless restrictive criteria are met for classifying and measuring the asset at
either amortised cost or fair value through other comprehensive income, plus or minus
transaction costs, that are directly attributable to the acquisition or issue of the financial
1.12 Financial instruments asset or a financial liability.
Definitions
Classification, recognition and measurement as trade and other receivables
A financial instrument is any contract that gives rise to both a financial asset of one entity
and a financial liability or equity instrument of another entity.
Trade receivables are amounts due from customers for goods sold or services performed
in the ordinary course of business. They are generally due for settlement within 30 days
The amortized cost of a financial asset or financial liability is the amount at which the and therefore are all classified as current assets. Trade receivables are recognised initially
financial asset or financial liability is measured at initial recognition minus the principal at the amount of consideration that is unconditional unless they contain significant
repayments, plus or minus the cumulative amortization using the effective interest financing components, when they are recognised at fair value. The Authority holds the
method of any difference between that initial amount and the maturity amount and, for trade receivables with the objective to collect the contractual cash flows and therefore
financial assets, adjusted for any loss allowance. measures them subsequently at amortised cost using the effective interest method.
An impairment gain or loss is recognized in surplus or deficit, and arises from applying Impairment of financial assets
the impairment requirements of IPSAS 41, Financial Instruments.
At each reporting date, the Authority assesses all financial assets, other than those
A loss allowance is the allowance for expected credit losses on financial assets, lease at fair value through profit or loss, to determine whether there is an objective
receivables, the accumulated impairment amount for financial assets and the provision evidence that a financial asset or group of financial assets has been impaired.
for expected credit losses on loan commitments and financial guarantee contracts.
Business and Intellectual Property Authority 134 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.12 Financial instruments (continued) 1.14 Provisions and contingencies
Provisions are recognised when:
Classification of financial liabilities
• the Authority has a present obligation as a result of a past event;
Trade and other payables - Classification, Recognition and measurement
• it is probable that an outflow of resources embodying economic benefits or
service potential will be required to settle the obligation; and
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 reliable estimate can be made of the obligation.
a party to a contractual provisions, and are measured at initial recognition, at fair value
plus transactional costs, if any, and are subsequently measured at amortised cost. The amount of a provision is the present value of the expenditure expected to be
required to settle the obligation.
Trade and other payables expose the Authority to liquidity risk and possible to interest risk. Provision for salary bonus
Management provide for bonus compensation beyond annual remuneration to
Derecognition of financial assets and liabilities employees as an incentive or reward for achieving certain predetermined individual
Financial assets are derecognised when the rights to receive cash flows from the targets of the Authority.
financial assets have expired or have been transferred and the Authority has transferred
substantially all the risks and rewards of ownership. Provision for leave pay
The Authority shall derecognise a financial liability (or a part of a financial liability) from
its statement of financial position when, and only when, it is extinguished. This happens Management provide for leave days payout, which are compensated absences or
when the obligation specified in the contract is discharged or cancelled or expires. accumulating absences that are carried forward to the next period. Compensated
absences that are earned in the current period and can be used in the following financial
1.13 Prepayments period are accounted for as a liability in the period in which they are earned. However,
compensated absences such as maternity, paternity, sick leave and court leave would
Prepayments relate to the Client Notification System. The system notify the Authority’s not be included as part of the Authority’s provision for leave.
clients when service is delivered. The Authority subscribes on an annual basis to the
system. Prepayments are measured at amortised cost and are derecognised when the
services to which the prepayment relate have been received. Contingent assets and contingent liabilities are not recognised. Contingencies are
disclosed in note 26.
Business and Intellectual Property Authority 135 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.15 Employee benefits other gains/(losses).
Short-Term Employee Benefits Non- monetary items that are measured at fair value in a foreign currency are
translated using the exchange rates at the date when the fair value was determined.
Translation differences on assets and liabilities carried at fair value are reported
The cost of short-term employee benefits (those payable within 12 months after the as part of the fair value gain or loss. For example, translation differences on non-
service is rendered, such as leave pay and sick leave, bonuses and non-monetary benefits monetary assets and liabilities such as equities held at fair value through surplus or
such as medical care), are recognised in the period in which the service is rendered and deficit are recognised in surplus or deficit as part of the fair value gain or loss, and
are not discounted. The expected cost of compensated absences is recognised as an translation differences on non-monetary assets such as equities classified as at fair
expense as the employees render services that increase their entitlement or, in the case value through other comprehensive income are recognised in other comprehensive
of non-accumulating absences, when the absence occurs. income.
The expected cost of bonus payments is recognised as an expense when there is a legal
or constructive obligation to make such payments as a result of past performance. The amount of foreign exchange differences recognised in surplus or deficit except
for those arising on non monetary assets whose gains or loss is recognised in net
assets, any exchange component of gain or loss shall be recognised directly in net
1.16 Translation of foreign currencies assets in accordance with IPSAS 4.35.
Foreign currency transactions
1.17 Borrowing costs
Foreign currency transactions are translated into functional currency using the
exchange rates at the dates of the transactions. Borrowing costs are recognized as an expense in the period in which they are incurred.
Foreign exchange gains and losses resulting from the settlement of such transactions,
and from the translation of monetary assets and liabilities denominated in foreign 1.18 Contributed capital
currencies at year end exchange rates, are generally recognised in surplus or deficit. On 27 August 2017, the BIPA established under section 21 Registration number
They are deferred in equity if they relate to qualifying cash flow hedges and qualifying 21/2011/0482 ceased to exist and was subsequently replaced by BIPA established
net investment hedges or are attributable to part of the net investment in a foreign under the BIPA Act, 2016 (Act No. 8 of 2016), promulgated on 16 January 2017. All
operation. assets and liabilities belonging to the BIPA section 21 was transferred to the BIPA
established by the Act.
Foreign exchange gains and losses that relate to borrowings are presented in the The Net capital contribution to the BIPA established by the Act recognised in the
statement of surplus or deficit, within finance costs. All other foreign exchange gains books amounted to N$34,491,766, which is capital injected by the Government of
and losses are presented in the statement of surplus or deficit on a net basis within Namibia, therefore this amount is recognised as contribution.
Business and Intellectual Property Authority 136 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
1.19 Revaluation reserve
The surplus arising from the revaluation of property, plant and equipment is credited On disposal, the net revaluation surplus is transferred to the accumulated surplus/deficit
to a non- distributable reserve. The revaluation surplus is realised as revalued buildings while gains or losses on disposal, based on revalued amounts, are credited or charged to
are depreciated, through a transfer from the revaluation reserve to the accumulated the statement of financial performance.
surplus/deficit.
2. Annual duties
Duties received
Annual Duties - Close Corporations 16,497,803 9,636,669
Annual Duties - Companies 61,563,188 71,549,704
Waiver 9,692,693 1,840,212
87,753,684 83,026,585
3. Transfers from other government entities
Government Grants - MITSMED 1,800,000 675,000
1,800,000 675,000
4. Service charges 10,534,498 9,321,854
Trade marks and patents related fees 10,534,498 9,321,854
Company registration and amendments 2,001,626 2,615,188
Other registrations 1,130 34,715
Registration of Trademarks 3,085,256 3,178,909
Close corporations registrarations and amendments 3,166,095 2,682,122
18,788,605 17,832,788
Business and Intellectual Property Authority 137 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
5. Other income
File Request Copies fees 420,415 286,236
General Industrial Property - 1,770
Industrial Design fees 120 3,300
Copyright fees 800 4,350
Sundry income 565,031 251,286
986,366 546,942
6. Interest received - investment
Bank and other cash 969,131 838,196
Interest Received - Investments 3,222,975 1,912,614
4,192,106 2,750,810
7. Employee related costs
Salaries and wages 61,205,344 55,244,922
Bonus - 6,631,668
Medical aid - company contributions 2,600,447 2,310,687
Social Security commission 298,989 259,131
Defined contribution plans 7,751,862 6,840,707
Overtime payments 501,415 601,461
Salaries & Wages -Internship Allowance 89,976 181,564
72,448,033 72,070,140
8. Depreciation and amortisation expense
Property, plant and equipment 6,477,113 6,315,914
Included in the depreciation expense is N$3 176 566 of Right of use asset of building.
Business and Intellectual Property Authority 138 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
9. General expenses
ARIPO Specific contribution 881,773 810,130
Advertising 1,152,304 1,124,446
Auditors remuneration 537,915 530,809
Bank charges 541,784 709,780
Bar coding file retrieve other 1,014,069 827,347
Cleaning 120,474 92,512
Computer expenses 2,721,526 2,292,933
Conferences and seminars 98,550 246,884
Consulting and professional fees 4,319,734 3,327,864
Corporate Registers forum (CRF) 34,834 6,967
Electricity 661,029 660,661
Entertainment 172,815 181,596
Insurance 247,191 241,650
Lease rentals on operating lease 747,159 549,584
Motor vehicle expenses 156,550 120,143
Other expenses 156,807 106,165
Postage and courier 173,460 184,849
Printing and stationery 1,086,783 850,691
Promotions 42,747 84,208
Security 548,956 547,296
Silnam Support Services 2,208,000 2,208,000
Staff welfare 186,909 545,905
Stakeholder Engagements 10,500 102,346
Subscriptions and membership fees 733,891 730,892
Telephone and fax 1,776,316 1,488,859
Business and Intellectual Property Authority 139 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Training 223,654 575,541
Travelling expenses 3,882,301 2,838,746
WIPO contribution 59,497 52,357
Waiver other expenses 835,568 -
World IP Day 1,055,904 59,655
26,389,000 22,098,816
10. Finance costs
Lease liabilities 282,381 649,929
11. Auditors’ remuneration
Audit Fees 537,915 530,809
12. Gains and losses on foreign exchange
Trade and other payables 34,288 909,223
13. Cash and cash equivalents
Cash on hand 126 326
Bank balances 30,779,068 28,169,714
30,779,194 28,170,040
Current assets 30,779,194 28,170,040
Business and Intellectual Property Authority 140 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
14. Receivables from exchange transactions
Trade debtors 36,482 36,482
Employee costs in advance 430,541 339,693
Deposits 204,200 204,200
Prepaid expenses 295,646 332,002
ARIPO receivable 2,349,336 3,284,166
WIPO receivable 4,407,322 4,310,682
Recovable expenses- ARIPO & AFRI Pi 125,450 -
Loss allowances (8,077) (8,164)
7,840,900 8,499,061
Split between current and non-current portions
Current assets 7,840,900 8,499,061
Exposure to currency risk
ARIPO and WIPO receivables are exposed to foreign currency of US dollar and Swiss Franc, and the sensitivity analysis is disclosed in note 31.
Namibia Dollar 6,756,658 7,594,848
15. Investments at fair value
Categorisation of investments at fair value according to IPSAS 41 Financial instruments
Debt investments at fair value through surplus or deficit 40,614,397 37,391,423
Business and Intellectual Property Authority 141 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Designated at fair value through surplus or deficit:
Capricorn Asset Management (Pty) Limited 40,614,397 37,391,423
Fair value information
Risk exposure
16. Property, plant and equipment
2024 2023
Cost / Accumulated Carrying value Cost / Accumulated Carrying value
Valuation depreciation Valuation depreciation
and and
accumulated accumulated
impairment impairment
Buildings 22,658,255 (8,646,659) 14,011,596 11,915,650 (61,875) 11,853,775
Furniture and fixtures 3,012,609 (1,401,186) 1,611,423 2,521,174 (1,171,841) 1,349,333
Motor vehicles 2,795,791 (896,292) 1,899,499 2,004,001 (1,204,544) 799,457
Office equipment 719,237 (538,923) 180,314 614,727 (417,219) 197,508
IT equipment 5,411,624 (3,436,012) 1,975,612 4,023,112 (2,898,944) 1,124,168
Other property, plant and 8,383,075 (2,654,271) 5,728,804 8,319,727 (2,076,538) 6,243,189
equipment
Total 42,980,591 (17,573,343) 25,407,248 29,398,391 (7,830,961) 21,567,430
Business and Intellectual Property Authority 142 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Figures in Namibia Dollar
16. Property, plant and equipment (continued)
Reconciliation of property, plant and equipment - 2024
Opening Additions Revaluations Depreciation Total
balance
Buildings 16,769,621 - 434,538 (3,192,563) 14,011,596
Furniture and fixtures 1,349,333 491,435 - (229,345) 1,611,423
Motor vehicles 799,457 1,330,552 - (230,510) 1,899,499
Office equipment 197,508 104,511 - (121,705) 180,314
IT equipment 1,124,168 1,401,558 - (550,114) 1,975,612
Other property, plant
6,243,189 63,348 - (577,733) 5,728,804
and equipment
26,483,276 3,391,404 434,538 (4,901,970) 25,407,248
Reconciliation of property, plant and equipment - 2023
Opening Additions Disposals Transfers Revaluations Accumulated Depreciation Impairment Total
balance Dep Reversal loss
Buildings 11,860,625 - - - 183,850 - (22,500) (168,200) 11,853,775
Furniture and fixtures 1,551,112 - - 29,100 - - (230,879) - 1,349,333
Motor vehicles 218,817 837,094 (599,017) - - 485,240 (142,677) - 799,457
Office equipment 373,417 15,246 - (29,100) - - (162,055) - 197,508
IT equipment 1,313,797 429,968 (26,491) - - 22,604 (615,710) - 1,124,168
Other property, plant
6,168,164 625,829 - - - - (550,804) - 6,243,189
and equipment
Asset found 12,842,529 - (12,842,529) - - - - - -
34,328,461 1,908,137 (13,468,037) - 183,850 507,844 (1,724,625) (168,200) 21,567,430
Business and Intellectual Property Authority 143 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
17. Right-of-use assets
Controlling entity 2024 2023
Cost / Accumulated Carrying value Cost / Accumulated Carrying value
Valuation depreciation Valuation depreciation
and and
accumulated accumulated
impairment impairment
Investment property - - - 8,903,733 (4,182,828) 4,720,905
Right-of-use assets - 2023
Opening Accumulated Depreciation Total
balance Dep Reversal
Right-of-use assets 7,233,450 503,599 (3,016,144) 4,720,905
Business and Intellectual Property Authority 144 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
18. Intangible assets
2024 2023
Cost / Accumulated Carrying value Cost / Accumulated Carrying value
Valuation amortisation Valuation amortisation
and and
accumulated accumulated
impairment impairment
Computer software, other 7,875,719 (6,167,309) 1,708,410 7,875,719 (4,592,165) 3,283,554
19. Payables under exchange transactions
Trade payables 5,782,093 2,700,133
Accrued leave pay 9,276,080 8,110,932
Accrued bonus - 6,631,668
Accrued expense 331,855 114,873
15,390,028 17,557,606
20. Lease liabilities
Minimum lease payments due
- within one year 2,031,279 -
2,031,279 -
less: future finance charges (37,224) -
Present value of minimum lease payments 1,994,055 -
Business and Intellectual Property Authority 145 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Present value of minimum lease payments due
- within one year 1,994,055 -
Non-current liabilities - 2,068,463
Current liabilities 1,994,055 3,211,484
1,994,055 5,279,947
The Authority leases various equipment and office buildings. All have a fixed term The Authority leases a building from PZN for carrying out its mandate. The lease
lease periods of three years. The lease terms are negotiated differently and have agreement is for a period of three (3) years, starting 1 November 2021, ending 31
different terms of conditions. Extensions and termination are explicitly included. October 2024 with an annual escalation of 8%. The right-of-use asset has been
Right-of-use leases asset are depreciated at the shorter of asset’s useful life and the recognised as part of the buildings, see note 16.
lease term on a straight line basis. The Authority use the discount factor of applicable
Namibia’s prime rate plus credit risk at inception or effective date of modification.
21. Unspent conditional grants and receipts (Deferred income)
Non-current liabilities - 2,319,315
Current liabilities - 4,202,570
- 6,521,885
Business and Intellectual Property Authority 146 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Figures in Namibia Dollar 2024 2023
22. Contributed capital
On 27 August 2017, the BIPA established under section 21 Registration number assets and liabilities belonging to the BIPA section 21 was transferred to the BIPA
21/2011/0482 ceased to exist and was subsequently replaced by BIPA established established by the Act.
under the BIPA Act, 2016 (Act No. 8 of 2016), promulgated on 16 January 2017. All
Capital
Contribution by government 34,491,766 34,491,766
23. Revaluation reserve
Opening balance 183,850 -
Change during the year 434,538 -
618,388 -
Business and Intellectual Property Authority 147 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Figures in Namibia Dollar 2024 2023
24. Cash generated from operations
Surplus (deficit) 7,524,955 (6,149,623)
Adjustments for:
Depreciation and amortisation expense 6,477,113 6,823,835
Loss on disposal of assets or settlement of liabilities attributable to discontinuing - (468,222)
operations
Gain on foreign exchange (34,288) (909,223)
Fair value adjustments - (183,850)
Finance costs - Finance leases 282,381 649,929
Impairment deficit - 168,200
Debt impairment (87) 8,164
Cash portion of adjustments to accumulated surplus (477) -
Interest received and reinvested - (1,912,614)
Adjustment to opening balance - 61,302
Deferred income released to financial performance - (1,852,335)
Architectural Work in progress written off - 12,842,530
Other non-cash items - (6,498)
Changes in working capital:
Receivables from exchange transactions 658,161 (3,201,302)
Trade debtors 87 -
Prepayments - (140,335)
Payables under exchange transactions (2,116,040) 2,858,874
Cash generated from operations 12,791,805 8,588,832
Business and Intellectual Property Authority 148 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
25. Changes in liabilities arising from financing activities
Reconciliation of liabilities arising from financing activities - 2024
Opening Finance costs Total Changes Closing
balance changes from financing balance
cash flows
Finance lease liabilities 5,279,947 282,381 282,381 (3,568,273) 1,994,055
Business and Intellectual Property Authority 149 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Company Secretary’s Certification
26. Contingencies Other relevant disclosures
1. Litigation is in the process in favour of the Authority in a matter between
Minister of Industrialization, Trade and SME Development & Others // Tileinge Presentation of opening financial position for previous period
Andima & Others, whereby the Ministry is pursuing a recovery of N$20 160 000
paid for a Katutura, refer item 9 of the directors report. The estimated possible
The Authority presented financial position for previous period after adjustments detailed
loss is N$2 600 000.
below in accordance with IPSAS.
2. Litigation is in the process against the Authority relating to a labour dispute
1. Right of use asset and related liability were incorrectly discounted at prime rate
lodged by former employee with the Labour Commissioner – Dispute Referral
instead of the contract explicit discount rate. The restrospective correction
– Immanuel Awene // Bipa with a Immanuel Awene. The Authority’s lawyers
impacted the opening accumulated surplus by an increase of N$194 467.00
and management consider the likelihood of the action against the entity being
successful as unlikely. The estimated loss arising from the labour dispute is 2. To disclose the the right of use is in relation to building to reflect the total value of
the former employee’s monthly salary, bonusses and increments from date of building in use by the Authority.
dismissal December 2019 to 2 April 2020.
3. To recognise the deferred income which does not meet the defintion of
conditional grants liability.
27. First-time adoption of Accrual Basis International 4. To recognise the revaluation reserve accumulated up to 30 June 2023, to reflect
Public Sector Accounting Standards how it should have been had IPSAS been applied before.
As disclosed in the relating accounting policies, the Authority adopted the IPSAS basis
of accounting for the first time on 01/04/2023 and is making use of the transitional
exemptions. Below are additional information and reconciliations in this regard.
The entity uses fair value as deemed cost in its opening statement of financial position.
Below follows a table of related adjustments and other relating disclosures.
Business and Intellectual Property Authority 150 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
27. First-time adoption of Accrual Basis International Public Sector Accounting Standards
Opening Financial Position as As reported Correction of Adjustment 2 Adjustment 3 Adjustment 4 Total
at 1 on 31 March Prior period
April 2023 2023 error 1
Property. pland and equipment 21,567,429 - 4,915,372 - - 26,482,801
Intangible assets 3,283,555 - - - - 3,283,555
Right-of-use assets 4,720,905 194,467 (4,915,372) - - -
Trade and other receivables 8,167,059 - - - - 8,167,059
Prepayments 332,002 - - - - 332,002
Other financial assets 37,391,421 - - - - 37,391,421
Cash and cash equivalents 28,170,040 - - - - 28,170,040
Total Assets 103,632,411 194,467 - - - 103,826,878
Liabilities and Net assets:
Contribution (34,491,766) - - - - (34,491,766)
Accumulated Fund (39,781,208) (194,467) - (6,521,887) 183,850 (46,313,712)
Deferred income (non-current) (2,319,315) - - 2,319,315 - -
Lease liabilities (non current) (2,068,463) - - - - (2,068,463)
Trade and other payables (17,557,603) - - - - (17,557,603)
Deferred income (current) (4,202,572) - - 4,202,572 - -
Lease liabilities (current) (3,211,484) - - - - (3,211,484)
Revaluation reserve - - - - (183,850) (183,850)
- - - - - -
Business and Intellectual Property Authority 151 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
27. First-time adoption of Accrual Basis International Public Sector Accounting Standards (continued)
Comparatives
Opening Statemenf of Financial Position as at 1 April 2022
The comparatives are prepared on the basis of IFRS in accordance with IPSAS33.82
3. The accumulated surplus would have been increased by the opening balance of
and thus do not comply with IPSAS. The following are main adjustments that would be
deferred income from GIZ grants amounting to N$2 783 177.
required to comply with IPSAS
Statement of Financial Perfomance for the year ended 31 March 2023: 4. Property plant and equipment would have increased by N$4 720 905 of Right-of-use
assets.
1. Revenue will be reduced by the deferred income amounting to N$231 931
from GIZ and N$1 620 404 from Bank of Namibia released during the year, and
increase by actual the donation/grant received from Bank of Namibia amounting Statement of Cash flows for the year ending 31 March 2023
to N$ 5 591 045. Effective reduced the total comprehensice loss (deficit - IPSAS)
for the year 2023 by N$3 738 710. The adjustment is due to the fact that these 5. The Net cash from operating activities would have increase by the grant from Bank of
grant and donation agreement do not meet the criteria of conditinal grants. Namibia of N$5 591 045 and grant from GIZ donation (refund of payroll cost) of N$182
155, while the Cash flow from financing activities would have been reduced by the same
2. Other comprehensive as reported in 2023 would have been reduced by amounts. However, the net increase in cash and cash equivalents will remain the same.
N$183 850 of revaluation reserve as this would have been recognised direct
in the statement of Net Assets (see the disclosure of Opening Statement of
Financial Position as at 1 April 2023 above).
The overall impact of the above two (2) main adjustments would be resulted in total
comprehensive loss (deficit) for the year ending 31 March 2023 to be reduced to N$2
594 763 instead of the N$6 149 623.
Business and Intellectual Property Authority 152 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
27. First-time adoption of Accrual Basis International Public Sector Accounting Standards (continued)
The line items in the above statemement will be adjusted as follows:
Main adjustments Total Accumulated Property, Net cash flow Cash flow
compreh. loss surplus as at Plant and from from
for year ended 1 April 2022 Equipment as operating financing
31 March 2023 at 1 April 2022 activities for activities for
the year the year
ended 31 ended 31
March 2023 March 2023
As previously reported (6,149,623) 45,869,529 34,328,461 8,588,532 2,673,688
1. Grants effect 3,738,710 - - - -
2. Revaluation (183,850) - - - -
3. Grants effect on opening - 3,783,177 - - -
4. Right-of-use assets - - 4,720,905 - -
5. Grants cash impact - - - 5,773,200 (5,773,200)
(2,594,763) 49,652,706 39,049,366 14,361,732 (3,099,512)
Business and Intellectual Property Authority 153 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
27. First-time adoption of Accrual Basis International As this is first transition annual financial statements, the Authority intends to comply
Public Sector Accounting Standards (continued) with cash IPSAS by end of year two and transition to accrual IPSAS by end of third year.
Management shall make use of relevant IPSASs in future transactions as when they
Other disclosures become necessary while putting in place
Transition Statement
In its transition to cash basis IPSAS adoption, the Authority took advantage of exemptions Affecting fair presentation transitional exemptions utilised:
that affect fair presentation for reporting financial information as specified under IPSAS
33, paragraph 36. As a result, the Authority is not able to make an explicit and unreserved
IPSAS 32: Service Concession Arrangements: Grantor
statement of compliance with cash basis IPSAS in preparing its Transitional IPSAS Financial
Statements for the reporting period ended 31 March 2024. IPSAS 35: Consolidated Financial Statements
IPSAS 36: Investments in Associates and Joint Ventures
The Authority intends to recognise and/or measure its assets, and liabilities as
specified in IPSAS 33 paragraphs 39, and 40 by 31 March 2026 or an earlier period IPSAS 40: Public Sector Combinations
where the relevant items are recognised and/or measured in the financial statements
IPSAS 41: Financial Instruments
in accordance with applicable or relevant IPSAS. Assets and liabilities have been
reported in these transitional financial statements in accordance with the Authority’s IPSAS 42: Social benefits
newly adopted cash basis IPSAS and the accounting policies applicable thereto.
IPSAS 33, paragraph 137 (a) requires that the Authority discloses progress made
towards recognising, measuring, presenting and/or disclosing assets, liabilities,
revenue, and/or expenses in accordance with adopted and applicable IPSAS.
Business and Intellectual Property Authority 154 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
28. Related parties
Relationships
Board of Directors Refer to directors’ report note 5
Key Management Executives and Company Secretary
Government Ministry of Finance and Public Enterprises
Line Ministry / Government Ministry of Industrialization and Trade (“MIT”)
Treasury / Government Ministry of Finance and Public Enterprises
Member State African Regional Intellectual Property Organisation (ARIPO)
Member State World Intellectual Property Organisation (WIPO)
Member State Corporate Registers Forum (CRF)
Ainna Kaundu Acting Chief Executive Officer
Veneranda Shoombe Executive - Information Communjcation Technology
Frieda Mokotjomela Executive - Corporate Services
Raphael Likando Executive - Business Registration Services
Ockert B. Jansen Executive: Marketing, Corporate Communication and Client Service Management:
Jones Lubinda Executive - Finance and Administration
Business and Intellectual Property Authority 155 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
Related party balances
Amounts included in Trade receivable (payables) regarding related parties
Receivable - African Intellectual Property Organisation (ARIPO) 2,349,336 3,284,166
Receivable - World Intellectual Property Organisation (WIPO) 4,407,322 4,310,682
Executive Management (1,333,567) -
These balances are not secured.
Related party transactions
Service fees to related parties
Share of fees - African Intellectual Property Organisation (ARIPO) 6,165,248 5,306,637
Share of fees - World Intellectual Property Organisation (WIPO) 4,369,250 4,015,217
Operating expenses
Members contribution - African Intellectual Property Organisation (ARIPO) (881,773) (810,130)
Payments to World Intellectual Property Organisation (WIPO) (59,497) (52,357)
Corporate Registers Forum (CRF) membership contribution (34,834) (6,967)
State-Owned Enterprise CEO forum membership contribution (20,000) (20,000)
Government transfers
Ministry of Industrialisation and Trade 1,800,000 675,000
Other income
Donation received - Bank of Namibia - 1,620,404
Business and Intellectual Property Authority 156 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
28. Related parties (continued) Remuneration of management
Management class: Executive management 2024
Salary Bonuses and Medical benefit Post- Housing Travel/Vehicle SSC Back pay Total
performance employment allowance allowance
related benefits
payments
Name
Chief Executive Officer 901,367 186,890 91,508 125,517 357,215 196,983 972 40,412 1,900,864
Other executives (6) 5,348,810 606,609 237,127 565,757 932,254 453,648 5,832 185,670 8,335,707
6,250,177 793,499 328,635 691,274 1,289,469 650,631 6,804 226,082 10,236,571
Business and Intellectual Property Authority 157 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
29. Going concern
In preparing the financial statements, the directors are responsible for assessing the 30. Events after the reporting date
ability to continue as a going concern, disclosing, as applicable, matters related to
The directors are not aware of any material matter or circumstance arising since the
going concern, and using the going concern basis of accounting unless the directors or
end of the financial year.
shareholder (Government) either intend to liquidate the Authority or to cease operations
or have no realistic alternative but to do so. The going concern presumes that funds will
be available to finance future operations and that the realization of assets and settlement
of liabilities, contingent obligations, and commitments will occur in the ordinary course
of business.
31. Financial instruments and financial risk management Categories and Hierarchy of financial instruments Financial assets
Note(s) Fair value Amortised cost Total Fair value
through surplus
or deficit -
Designated
Cash and cash equivalents (Level 1) 13 - 30,779,194 30,779,194 30,779,194
Receivables from exchange transactions (Level 1) 14 - 7,410,359 7,410,359 7,410,359
Investments at fair value (Level 1) 15 40,614,397 - 40,614,397 40,614,397
40,614,397 38,189,553 78,803,950 78,803,950
Business and Intellectual Property Authority 158 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
31. Financial instruments and financial risk management (continued)
Financial liabilities
Note(s) Amortised cost Leases Total Fair value
Payables under exchange transactions (Level 1) 19 15,390,028 - 15,390,028 15,390,028
Lease liabilities 20 - 1,994,055 1,994,055 1,994,055
15,390,028 1,994,055 17,384,083 17,384,083
Financial risk management
The Authority’s credit risk consists mainly of other financial assets, cash and cash
equivalents and trade receivables. The Authority only deposits cash with major banks
Overview with high quality credit standing and limits exposure to any one counter-party. The
The entity is exposed to the following risks from its use of financial instruments: Authority trade receivables are from WIPO and ARIPO, and are recognised each time
the share of the Authority is calculated. The Authority manages the risk by calling the
• Credit risk; funds immediately when the amounts due to the authority from ARIPO and WIPO are
communicated by them.
• Liquidity risk; and
• Market risk (currency risk, interest rate risk and price risk). Credit loss allowances for expected credit losses are recognised for all trade and other
receivables but exclude staff advances and those measured at fair value through profit
or loss. The Authority’s management determines whether the credit loss allowance on
Credit risk trade and receivables should be calculated on a 12 month basis or a lifetime expected
credit loss basis. The determination depends on whether there has been a significant
Credit risk is the risk of financial loss to the Authority if a customer or counter-party to a increase in the credit risk since initial recognition. Management assesses if there has
financial instrument fails to meet contractual obligation and arises from other financial been a significant increase in credit risk, then the loss allowance is calculated based
assets and trade receivables. on lifetime expected credit losses, and if not the loss allowance is based on 12 month
expected credit losses.
Business and Intellectual Property Authority 159 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
31. Financial instruments and financial risk management The Authority manages its cash flows through detailed annual and revised quarterly cash
(continued) flow projections to ensure the Authority is afloat.
Financial assets exposed to credit risk at year end were those as disclosed in note 13
and 14 The maturity profile of the entity’s financial liabilities at 31 March 2024 based on
contractual undiscounted and discounted payments are disclosed in note 19 and 20
The Authority’s exposure to credit risk is influenced mainly by individual characteristics of
each customer. However management imits its exposure to credit risk from receivables
with ARIPO and WIPO by frequently calling for funds to Namibia. The Authority monitors Foreign currency risk
its rental deposits with landlords and requests refunds upon termination. Exchange rates
Liquidity risk The following closing exchange rates were applied at reporting date:
The Authority is exposed to liquidity risk, which is risk of failure to meet obligations as they Namibia Dollar per unit of foreign currency:
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 US Dollar 18.844 17.357
cash inflows. Swiss Franc 20.883 19.621
At the end of the reporting period the Authority held other financial assets of N$40 614
Foreign currency sensitivity analysis
397 (note 15) and cash and cash equivalents amounting to N$30 779 194 (note 13) that
are expected to readily generate cash inflows for managing liquidity risk. The Authority’s Foreign exchange risk refers to the losses that an international financial transaction
cash and cash equivalents and other financial assets compared to current liabilities may incur due to currency fluctuations. The Authority is exposed to foreign exchange
result in a ratio of 4.11:1. In addition to cash and cash equivalents and other financial risk, as the entity has financial assets held in foreign currency which are translated
assets, the Authority has funds held in trust with ARIPO and WIPO which form part of into local currency in the financial statements. These foreign transactions include
trade and other receivables, amounting to N$6 756 658 (note 14), which can be called in accrued income from the international listing on trademarks, patents, industrial
at any given time. 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.
Business and Intellectual Property Authority 160 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
31. Financial instruments and financial risk management
(continued)
Financial assets exposed to exchange are those from African Regional Intellectual A one percent (1%) change in foreign exchange rate of Financial assets exposed will
Property Organisation (ARIPO) and World Intellectual Property Organisation (WIPO) impact the Authority’s surplus as follows:
disclosed in note 14.
2024 2023
Increase or decrease in rate: Increase Decrease Increase Decrease
Impact on surplus or deficit:
Accrued income - African Regional Intellectual Property 23,493 (23,493) 32,842 (32,842)
Organisation (ARIPO) US Dollar (1%)
Acrued income - World Intellectual Property 44,073 (44,073) 43,107 (43,107)
Organisation (WIPO) Swiss Franc (1%)
67,566 (67,566) 75,949 (75,949)
Interest rate risk on changes in the prevailing market related rates.
Cash flows interest rate risk is the risk that the future cash flows of a financial instrument
will fluctuate because of changes in market interest rates. Fair value interest rate risk The Authority manages interest rate risk on short-term investments through investment
is the risk that the value of a financial instrument will fluctuate because of changes in guidelines for all investments and the Authority invests with major banking institutions
market interest rates. with high quality credit standing. The interest received on cash and cash equivalents
at financial institutions are minimal and therefore interest rate risk is identified as
insignificant. Any interest rate achieved by the Authority is highly favourable, than keeping
The Authority is exposed to various risks associated with the effect of fluctuations in the the funds idle.
prevailing levels of market rates of interest on its cash resources and investments. The
cash resources are managed to ensure that surplus funds are invested in a manner
to achieve maximum returns while minimising risks. The Authority places its funds in Financial assets exposed to interest rate risk at 31 March 2023 are cash and cash
fluctuating interest earning call deposits which are adjusted on a short term basis based equivalent (note 13), and other financial assets (note 15).
Business and Intellectual Property Authority 161 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Notes to the Annual Financial Statements
31. Financial instruments and financial risk management
(continued)
The following sensitivity analysis has been prepared using a sensitivity rate which reporting date. No changes were made to the methods and assumptions used in
is used when reporting interest rate risk internally to key management personnel the preparation of the sensitivity analysis compared to the previous reporting period
and represents management’s assessment of the reasonably possible change in
interest rates. All other variables remain constant. The sensitivity analysis includes An increase or decrease in interest rate by 1% is expected to impact the Authority’s
only financial instruments exposed to interest rate risk which were recognised at the surplus by N$713 936.
2024 2023
Increase or decrease in rate: Increase Decrease Increase Decrease
Impact on surplus or deficit: 307,792 (307,792) 281,700 (281,700)
Cash and cash equivalent 1% 406,144 (406,144) 373,914 (373,914)
Other financial assets 1% 713,936 (713,936) 655,614 (655,614)
Business and Intellectual Property Authority 162 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Business and Intellectual Property Authority 163 ANNUAL REPORT 2022/2023
Annual Financial Statements for the year ended 31 March 2024
Business and Intellectual Property Authority 164 ANNUAL REPORT 2022/2023