WELCOME TO KNOWLEDE ECHOES
The functions and objectives objectives of BIPA are to regulate and administer the registration of business and industrial property under the applicable legislations.In addition to that, BIPA functions to consolidate various offices involved in the registration and administration of business and intellectual property in a manner provided for in this Act, register information, documents and data required to be lodged with, and maintained by, BIPA under the applicable legislation and to be responsible for the examination, safety and orderly custody of the information, documents and data.
Furthermore, BIPA’ objective is to implement, promote and continuously enhance, advance electronic business and intellectual property information and transaction systems, maintain accurate, current and relevant information concerning business and intellectual property, promote, expedite and simplify the flow of information between BIPA and the business community, users of business and intellectual property, general public, regulatory authorities and institutions of the State, collect such fees and rates under this Act or the applicable legislation;, promote education and awareness of laws relating to business and intellectual property and related matters.
Moreover, BIPA functions are to advise the Minister, public sector and private sector on matters pertaining to business and intellectual property falling within the scope of BIPA, recommend to the Minister or any other minister or institutions of the State on matters relating to the amendment or making of any law in order to promote the efficient operation of business and intellectual property, perform any functions imposed on it by or under this Act, applicable legislation or necessary to achieve the objects of this Act and monitor compliance with this Act and the applicable legislation and observe and adhere to the principles of good corporate governance and to oversee the implementation of such principles of good corporate governance by BIPA.
To add, BIPA may organise outreach and awareness creation programmes to inform, educate and sensitise the public on matters relating to business and intellectual property, having regard to the regional and international developments in the field of business and intellectual property, interact with the regional and international bodies having similar object, consult with a person, organisation or institution with regard to a matter relating to business and intellectual property and may liaise with a regulatory authority on matters of common interest and exchange information with, and receive information from, any such regulatory authority pertaining to matters of common interest or a specific complaint or investigation or advise or receive advice from a regulatory authority; or liaise with, and obtain membership of, international and regional business and intellectual property bodies having similar objects to that of BIPA and promote compliance with international or regional agreed instrument of which Namibia is a member.
To round up, in order to promote the enforcement of, and compliance with, this Act and the applicable legislation, BIPA may if requested by the parties to a dispute on any matter relating to this Act or the applicable legislation, facilitate voluntary resolution of disputes between the parties without intervening or adjudicating the disputes, receive or initiate complaints concerning alleged contraventions or non- compliances with this act or the applicable legislation, evaluate such complaints and investigate such complaints, refer alleged offenses to the relevant prosecuting or regulatory authority and or do any other thing necessary to perform its functions under this Act or the applicable legislation.
2. Shortcomings of BIPA
Firstly, BIPA has limited awareness of intellectual property and its value in general as well as a lack of data on IP success stories are some of the challenges the Business and Intellectual Property Authority of Namibia faces. BIPA has been experiencing severe challenges with systems and limited human and financial resources, their new online system is in development phase, which prevents them from offering effective services on the protection of intellectual properties.
All-in-all, BIPA’s system is not as efficient as it needs to be but they are working on improving and securing the system to streamline online applications.
