Media Release – Industrial Property Act come into force

P O Box 185

Windhoek, Namibia

Tel +264 61 2994400

E-mail: info@bipa.na

Website: www.bipa.na

MEDIA RELEASE

NAMIBIAN INDUSTRIAL PROPERTY (IP) ACT HAILED AS ONE OF THE BEST IN AFRICA

FOR IMMEDIATE RELEASE

25 July 2018 2018

Windhoek, Namibia – The publishing of Government Gazette No. 6616 of 01 June 2018, announced the coming

into force of two pertinent documents regarding intellectual property as from 01 August 2018. One being the

Industrial Property Act, 2012 (Act No. 1 of 2012), hereinafter referred to the IP Act and the Regulations under

the Industrial Property Act.

As per the gazette, the Industrial Property Regulations would repeal Government Notice No. R2498 of 14

December 1973, as corrected by Government Notice No. R87 of 18 January 1974, and amended by Government

Notice No. AG 40 of 15 July 1989 and Government Notice No. 13 of 5 January 2001.

The IP Act repeals legislations pertaining to patents, trademarks, designs, namely, the Trade Marks Act, Act No.

48 of 1973, The Patents and Designs Act, Act No. 9 of 1916, the Patents and the Designs and the Trademarks

and Copyright Proclamation Act, Act No. 17 of 1923. The IP Act does however not cover any subject matter

related to copyright. Copyright remains covered under the Copyright and Neighbouring Rights Protection Act,

Act No. 6 of 1994.

Ainna Kaundu, BIPA’s IP Executive noted that the IP Act consolidates the same laws on Trade Marks, Patents

and Industrial design, saying that “there are a number of changes under this new law that affects every

Namibian in some way or the other. The most significant changes relate to the introduction of Utility Model

protection, increase of application fees, the term protection for patents and the annual renewal requirements”

The transformation of the Intellectual Property agenda and discourse in Namibia and on the continent has

made it possible for a legislation of this caliber to come to life. Through multi-stakeholder consultative

meetings, experts in the field of Intellectual Property has hailed this legislation as one of the best in Africa,

particularly due to the fact that this Act reflects a model IP legal framework for developing countries, as well

as that it encompasses a built-in mechanism that speaks to inclusive participation for all citizens.

Namibia being a member of both the World Intellectual Property Organisaiton (WIPO) and the African Regional

Intellectual Property Organisaiton (ARIPO), is signatory to a number of regional and international treaties and

instruments, which under the new Act relate directly to the level of compliance to these instruments. They

include the Banjul Protocol on Trade Marks, Harare Protocol on Patents, Madrid Agreement concerning

international registration of marks, the Patent Cooperation Treaty, Hague Agreement, Paris Convention and

the TRIPS agreement falling under the World Trade Organisation.

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

Directors: Riundja A Kaakunga (Othy) - Chairperson, Dr Martha Uumati - Deputy Chairperson, Fritz C Jacobs,

Lovisa Indongo-Namandje, Seno Namwandi, Ignatius K Thudinyane, Chaze Nalisa,

Chief Executive Officer: Tileinge S. Andima, Company Secretary: Vivienne E Katjiuongua

P O Box 185

Windhoek, Namibia

Tel +264 61 2994400

E-mail: info@bipa.na

Website: www.bipa.na

The following are some of the key material changes within the new Act:

1. Introduction of protection of Utility Models;

2. Expansion on the term of protection for patents from 14 years to 20 years;

3. Introduction of substantive examination for patents (to be facilitated through ARIPO);

4. Introduction of Annual renewal requirements for patents;

5. Introduction of new fees; and

6. Introduction of new IP bulletin.

“We are in the process of conducting various stakeholder engagement sessions and public education

campaigns that will inform Namibians about the new act, the changes within the act and how they might be

affected”, noted Ockert Jansen, Manager Marketing and Corporate Communication at BIPA.

With the Act coming into force by 01 August, BIPA will make adjustment to its current application processes

that will allow for the alignment to the new requirements of this legislation.

Issued by:

Business and Intellectual Property Authority (BIPA)

Office of the Chief Executive Officer

Contact Person:

Ockert Jansen (CPRP)

Manager: Marketing and Corporate Communication

Tel: +264 61 – 299 4450

Cell: +264 81 1654050

Email: janseno@bipa.na

About BIPA: (http://www.bipa.na/business-categories/strategic-thrust/)

In an effort to improve service delivery and ensure the effective administration of business and intellectual

property rights (IPRs), the Business and Intellectual Property Authority (BIPA) has been established as the focal

point for the registration of business and industrial property. BIPA is responsible for the administration and

protection of business and intellectual property. BIPA is established as a juristic person in terms of section 3 of

the BIPA Act, 2016 (Act No.8 of 2016) and is a Public Enterprise as defined in the Public Enterprises Governance

Act, 2006 (Act No. 8 of 2015).

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

Directors: Riundja A Kaakunga (Othy) - Chairperson, Dr Martha Uumati - Deputy Chairperson, Fritz C Jacobs,

Lovisa Indongo-Namandje, Seno Namwandi, Ignatius K Thudinyane, Chaze Nalisa,

Chief Executive Officer: Tileinge S. Andima, Company Secretary: Vivienne E Katjiuongua