Related documents
Business and Intellectual Property Authority Act, 2016
Act 8 of 2016
- Published in Government Gazette 6105 on 25 August 2016
- Assented to on 12 August 2016
- Commenced on 16 January 2017 by Commencement of Business and Intellectual Property Authority Act, 2016
- [This is the version of this document from 25 August 2016 and includes any amendments published up to 11 October 2024.]
Part 1 – PRELIMINARY
1. Definitions
In this Act, unless the context otherwise indicates -“applicable legislation” means a legislation listed in Schedule 1;“BIPA” means the Business and Intellectual Property Authority established by section 3;“Board” means the Board of BIPA constituted in terms of section 8;“business” means a company and corporation;“Chief Executive Officer” means the Chief Executive Officer of BIPA appointed under section 16;“Close Corporations Act” means the Close Corporations Act, 1988 (Act No. 26 of 1988);“committee” means a committee of the Board established under section 13;“company” means a company as defined in section 1 of the Companies Act;“Companies Act” means the Companies Act, 2004 (Act No. 28 of 2004);“corporation” means a corporation as defined in section 1 of the Close Corporations Act;“copyright” means copyright as defined in section 1 of the Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994);“intellectual property” means the industrial property and copyright;“Industrial Property Act” means the Industrial Property Act, 2012 (Act No. 1 of 2012);“industrial property” means the industrial property as defined in section 1 of the Industrial Property Act;“member” means a person appointed as a member of the Board under section 8;“Minister” means the Minister responsible for trade;“prescribed” means prescribed by regulation;“Public Enterprises Governance Act” means the Public Enterprises Governance Act, 2006 (Act No. 2 of 2006);“Registrar” means the Registrar of business and industrial property who is the Chief Executive Officer;“Registration Office” means the Registration Office established in terms of section 4;“regulation” means a regulation made under section 30;“regulatory authority” means an entity established in terms of legislation, responsible for regulating an industry or sector of an industry, and includes a ministry, office and agency;“rule” means a rule made under section 14;“staff member” means staff member of BIPA appointed under section 17; and“this Act”, includes the regulations.[The comma after “this Act” is superfluous.]2. Objects of Act
The objects of this Act are to -Part 2 – BUSINESS AND INTELLECTUAL PROPERTY AUTHORITY
3. Establishment of BIPA
4. Establishment of Registration Office
The Board must, within BIPA, establish a Registration Office where business and industrial property are registered in accordance with this Act and the applicable legislation.5. Functions and powers of BIPA
6. Policy directives by Minister
For the purposes of promoting the objects of this Act, the Minister may issue general or specific policy directives to BIPA not inconsistent with the provisions of this Act or applicable legislation.7. Board of BIPA
The Minister must constitute the Board of BIPA in terms of section 8 -8. Constitution of Board
9. Disqualifications for appointment as member
A person is disqualified from appointment as a member, if the person -10. Term of office of members
A member holds office for a term of three years and is eligible for re-appointment at the expiration of that term, except for the Chief Executive Officer who is an ex officio member.11. Vacation of office by members
12. Meetings of Board
13. Committees of Board
14. Rules by Board
The Board may make rules relating to -15. Allowances payable to members
Part 3 – PERSONNEL PROVISIONS
16. Chief Executive Officer
17. Staff members of BIPA
Part 4 – FINANCIAL PROVISIONS
18. Funds of BIPA
19. Bank accounts of BIPA
20. Financial year and budget
21. Auditing
22. Annual report
Part 5 – GENERAL PROVISIONS
23. Disclosure of interests by members and conduct of members and staff members of BIPA
24. Reports by Registrar
The Registrar must, during meetings of the Board or within a period as may be determined by the Board, report to the Board on -25. Prohibition of disclosure of confidential information
A member of the Board or committee, staff member of BIPA or any other person contracted by BIPA, may not disclose to any other person confidential information acquired in the exercise or performance of a power or function under or in terms of this Act or an applicable legislation whether before, during or after his or her involvement in the affairs of BIPA, except -26. Claim of confidentiality
27. Limitation of liability
A -28. Delegation of powers and assignment of functions
29. Offences
A person who -30. Regulations
The Minister, on the recommendation of the Board, may make regulations relating to -31. Transitional and savings provisions
32. Amendment of laws
The laws set out in Schedule 2 are amended to the extent indicated in that Schedule.33. Short title and commencement
History of this document
16 January 2017
25 August 2016 this version
12 August 2016
Assented to
Cited documents 8
Act 8
1. | Close Corporations Act, 1988 | 545 citations |
2. | Companies Act, 2004 | 443 citations |
3. | Banking Institutions Act, 1998 | 224 citations |
4. | Public Accountants’ and Auditors’ Act, 1951 | 200 citations |
5. | Public Enterprises Governance Act, 2006 | 93 citations |
6. | Posts and Telecommunications Companies Establishment Act, 1992 | 64 citations |
7. | Copyright and Neighbouring Rights Protection Act, 1994 | 14 citations |
8. | Industrial Property Act, 2012 | 10 citations |
Documents citing this one 30
Gazette 14
Judgment 7
Act 5
1. | Close Corporations Act, 1988 | 545 citations |
2. | Companies Act, 2004 | 443 citations |
3. | Public Enterprises Governance Act, 2006 | 93 citations |
4. | Copyright and Neighbouring Rights Protection Act, 1994 | 14 citations |
5. | Industrial Property Act, 2012 | 10 citations |
Proclamation 3
1. | COVID-19 Regulations | 3 citations |
2. | Stage 1: State of Emergency - COVID-19 Regulations: Erongo Region | |
3. | Stage 1: State of Emergency – COVID-19 Regulations: Walvis Bay Local Authority Area |
Government Notice 1
1. | Directives relating to registered business entities and operational matters for retail traders and other businesses |