FAQ

Frequently Asked Questions Intellectual Property

How long does it take to register a Trademark in Namibia?

Trademark registration process takes minimum 6 month.

What do I get when I submit my application?

The Registrars issue a first documents called a filing notice (acknowledgment of trademark application with all the relevant information including date of receipts).

What is the application fee for Trademark Registration with BIPA?

Trademark fees are as follows

= N$600.00 for the first class and N$480.00 for each additional class.

= N$ 500 Publication fees

= N$ 100 Registration certificates

Total N$ 1200.00

What is the procedure to protect a trademark over the world?

You can file a single application through the office of origin to WIPO and designate in each country you want protection.

What do I get after the filling notice?

Examination report – This can be an absolute refusal, conditional acceptance or a notice of acceptance.

Am I allowed to trademark a logo with a national flag?

No, all countries that are parties to the Paris convention prohibits the use of national flag as a trademark.

To what extend does BIPA enforce IP protection?

BIPA is only a registration authority and IP rights enforcement are the responsibility of the IP rights holder.

What need to be included in the patent application?

Title of Invention

Applicant details

Inventor details

Description

Claims

Abstract

Drawing

Application fess

What is the procedure when drafting patent documents?

Application should relate to one invention or a group of inventions.

Description should disclose the invention in a manner sufficiently clear.

It must have claims which determine the scope

Does BIPA have a patent drafter?

No, applicants should look for his/her own patent drafter

What is the application fees for Patent registration and how long does it take to register a Patent with BIPA?

Patent application fees – N$ 1000 and N$ 500 for Utility model.

Frequently Asked Questions Business Registration

What are the type of Businesses that one can register with BIPA?

You can register a Defensive Name (used as to trade as Sole Proprietorship)

Close Corporation (a CC)

Private Company (Pty Ltd)

Public Company (Ltd)

Public company as Non-profit Association (also known as Section 21 Company).

What is a Company

A company is a more complex business structure.

It is a separate legal persona with its own rights, privileges and liabilities.

The owners of a company are its shareholders.

The shareholders appoint directors to oversee the operations of the company.

The company has a life of its own and does not dissolve when ownership changes.

Companies may be formed for profit or non-profit purposes and can assume any of the following forms.
Private company (Pty) Ltd- Limited to 50 shareholders

Public company (Lty) – unlimited shareholding

Non-Profit Association incorporated under Section 21 also a public company

External Companies

What are the Forms required to register a Company?

Submission of a name application/ reservation form CM5 – N$75

Application for a Certificate of Incorporation Certificate CM1

Certification Commence Business CM46 – N$100

Memorandum and Articles of Association in triplicate forms of which 2 x copies are certified by Notary Public
CM2 (N$150 + value of share capital)

CM44

CM44C

CM5 (Copy of approved name)

Notice of postal and registered address on CM22 – N$20

List of directors, Auditors and public Officers on CM29 – N$20

Appointment of an Auditor on CM31 – N$20

Statement by each Director regarding the Adequacy of Capital of company on CM47 – N$50

Application for Certificate to Commence Business on CM46 – N$100

Request for Submission of Additional Copies CM51 – N$10

What is a defensive name?

The purpose of a defensive name is to prevent the registration of another entity with that name, or a name as nearly resembling it; and once a defensive name is registered it will be protected for a period of 2 years, with a possible renewal of another 2 years ONLY. A defensive name is therefore not registered for the purpose of trading but only for the purpose of protecting a name, as stipulated in Section 49 (2) of the Companies Act, 2004.

What is the procedure to Register Private (Proprietary) Limited and Public (Limited) Companies?

Due to the relative complexity in the compilation of the registration documents, it is recommended that the service of a legal practitioner be sourced in this regard.
The Memorandum and Articles must be certified by a Notary Public

Documents must be adjusted to fit the specific circumstances and needs of each respective company
After preparation of the forms by the legal practitioner, such are submitted for registration to BIPA with the prescribed submission fees

What is a Close Corporation?

Formed by minimum one member and maximum of ten members.

The members own and manage the affairs close corporation

Ownership of the close corporation is referred to as percentage interest and must add up to a 100% as a total of all members interest.

The close corporation must be profit making in its intentions.

It is a legal persona separate from the members;

Liability ensues in case of negligence by the members (S63 and S64)

Forms required to register a Close Corporation

Form CC8 (N$75-00) – application for Name Reservation

Form CC1 N$150-00 – Founding Statement, in triplicate

Consent Letter – to be obtained from a certified accountant as per section 59(2)), registered with a recognized accounting body as per section 60(1).

Certified copies of identification documents of the members and the witnesses

Procedure to register a Close Corporation

Choose a unique name for your business

Apply to reserve the chosen name of Form CC8 (advisable to provide six optional names)

BIPA will consider the Names in accordance with the Name Guidelines

Following the approval of the Business Name

Submit Form CC1

BIPA will consider your application in accordance with the law.

What is the procedure to register a Defensive Name?

Choose a unique name as your Defensive Name

BIPA will consider the Names in accordance with the Name Guidelines

BIPA is obliged to protect the name by law

BIPA also protects the consumer against confusingly similar or undesirable names

What Forms needs to be lodged at BIPA?

CM 5 (N$75-00) – application for the name reservation

CM 8 (N$300-00) – actual registration

CM8A (N$160-00) – renewal

Defensive name is valid for 2 years and can be renewed for another 2 years with no further renewal

Can be Converted into a business entity (company or close corporation)

Can I view the registration information of businesses in Namibia?

In terms of the laws regulating the registration of businesses, BIPA is required to maintain a register of all registered entities, and such a register is open to the public for inspection. In order to gain access to such records, one must submit a request to BIPA by completing a ‘’file request form’’ at a BIPA Office or send an email to filerequest@bipa.na, and pay the associated fees. Thereafter, the records will be made available, for inspection at the office or on email. Due to the fact that BIPA does not maintain its own archive and document warehousing, the records are hosted off -premises and it takes about 3 to 5 days for a file to be delivered to BIPA.

Frequently Asked Questions On The proposed Copyright Levy system in Namibia

What is a copyright levy system?

A Copyright Levy System is a statutory mechanism that compensates rights-holders (such as

authors, musicians, filmmakers, and visual artists) for the unauthorised reproduction or private

copying of their works. The levy is imposed on media and devices that can be used for

reproduction (such as USBs, CDs, and memory cards).

Why is Namibia introducing a copyright levy system now?

The levy is being introduced in anticipation of the enactment of the new Copyright and Related

Rights Bill, which includes provisions for the levy system. It aims to ensure that rights-holders

are compensated for the private copying of their works and to align Namibia with global best

practices

Who will pay the copyright levy?

The levy will be payable by:

• Importers

• Manufacturers

of reproduction equipment and blank media in Namibia. These entities may adjust their retail

prices accordingly.

Will individual consumers pay the levy directly?

No. The levy is applied upstream (at the point of importation or manufacturing). Consumers

may indirectly contribute when buying affected devices or media, but they are not directly

responsible for paying the levy.

What products will be subject to the levy?

The following products may be subject to the levy:

• USB flash drives

• External and internal hard drives

• Memory cards

• CDs and DVDs

• Other storage devices capable of copying content

How much will the levy be?

The levy rates will be determined by regulations under the Copyright and Related Rights Bill

after consultations with stakeholders, including manufacturers, importers, and rights-holders.

The rates will be fair, reasonable, and published for transparency.

Who will collect the levy?

The levy will be collected by an appointed collecting body either a dedicated governmentappointed agency or a Collective Management Organisation (CMO) designated for this

purpose, under the supervision of the Business and Intellectual Property Authority (BIPA).

Who will manage the collected funds?

The funds collected will be managed by BIPA as the national IP Office.

Who will distribute the levy proceeds to rights-holders?

The responsible CMO(s) will distribute the levy proceeds to registered rights-holders such as

musicians, authors, filmmakers, photographers, and other creators, based on transparent and

equitable distribution rules

How will the funds be distributed to rights-holders?

Distribution will be based on:

• Usage data (e.g., sales reports, airplay statistics, or content usage surveys)

• Category of works (music, books, visual art, etc.)

• Registration with CMOs

Distribution rules will be developed in consultation with stakeholders to ensure fairness

What happens if a manufacturer or importer refuses to pay the levy?

Non-compliance with levy obligations will result in penalties, which may include:

• Fines

• Confiscation of goods

• as stipulated in the Copyright and Related Rights Bill and associated regulations.

Will creators automatically receive payment?

No. Rights-holders must register with an approved Collective Management Organisation

(CMO) to receive distributions from the levy fund.

How will BIPA be involved in the levy system?

BIPA will play a regulatory and oversight role by:

• Approving CMOs

• Ensuring transparent collection and distribution

• Monitoring compliance by importers and distributors

How will the public be informed about the levy?

A national awareness campaign including media broadcasts, workshops and social media

streams will inform both industry players and the public to ensure understanding of the levy’s

purpose and operation.

Why is a copyright levy system important for Namibia’s creative industry?

It ensures that creators are fairly compensated for the private copying of their works,

encourages continued creativity, and aligns Namibia with international standards to promote

investment in the creative sector.

Are similar systems in place elsewhere in Africa?

Yes. Countries such as Tanzania, South Africa, Kenya, Botswana, Ghana, Malawi and Algeria

have implemented levy systems to protect and compensate their creative industries.

Will this system lead to higher product prices?

A minor price adjustment may occur on affected devices, but the benefit is the long-term

support for the creative industry and economic growth in the sector and a balance situation for

all stakeholders involved.

Will all copying be covered by this system?

No. The levy system only compensates for private copying. It does not legalise piracy or other

forms of unauthorised commercial exploitation.

Can a business claim exemption from the levy for professional or non-personal use?

Yes, The Bill make provision for exemption. Regulations may provide exemptions for certain

professional uses (e.g., government, education, or media organisations), but these

exemptions will be clearly outlined and must be applied for where applicable.

What is the difference between licensing and the copyright levy?

Licensing gives direct permission to use a work for specific purposes (e.g., broadcasting),

whereas the levy compensates for private copying that cannot realistically be licensed on an

individual basis.

What happens to the levy if the bill is not enacted soon?

The levy system will only become operational once the Bill is enacted. Current consultations,

preparatory to ensure readiness when the law comes into force. If the levy is not operation,

contents.

Will the creative industry have a say in how the levy is implemented?

Yes. Ongoing stakeholder consultations, including input from creators, CMOs, and industry

players, will shape the final implementation framework.

How does this benefit digital content creators?

Digital content creators (e.g., photographers, designers, software developers) stand to benefit

as their works are also subject to private copying, especially on storage devices like USBs

and external drives.

Is there a dispute resolution mechanism if there are disagreements over the levy?

Yes. Disputes between stakeholders (e.g., CMOs, importers, or rights-holders) will be handled

via mechanisms provided for under the Copyright and Related Rights Bill or through mediation

facilitated by BIPA.

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Business and Intellectual Property Authority (BIPA)

The Home of Business and IP Registrations, Administration and Regulation in Namibia

172 Jan Jonker Road

Ausspanplatz

P. O. Box 185

Windhoek, Namibia

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