Trademark registration process takes minimum 6 month.
The Registrars issue a first documents called a filing notice (acknowledgment of trademark application with all the relevant information including date of receipts).
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
You can file a single application through the office of origin to WIPO and designate in each country you want protection.
Examination report – This can be an absolute refusal, conditional acceptance or a notice of acceptance.
No, all countries that are parties to the Paris convention prohibits the use of national flag as a trademark.
BIPA is only a registration authority and IP rights enforcement are the responsibility of the IP rights holder.
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
No, applicants should look for his/her own patent drafter
Patent application fees – N$ 1000 and N$ 500 for Utility model.
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.
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.
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.
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.
No. Rights-holders must register with an approved Collective Management Organisation
(CMO) to receive distributions from the levy fund.
BIPA will play a regulatory and oversight role by:
• Approving CMOs
• Ensuring transparent collection and distribution
• Monitoring compliance by importers and distributors
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.
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.
Yes. Countries such as Tanzania, South Africa, Kenya, Botswana, Ghana, Malawi and Algeria
have implemented levy systems to protect and compensate their creative industries.
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.
No. The levy system only compensates for private copying. It does not legalise piracy or other
forms of unauthorised commercial exploitation.
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.
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.
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,
copyright holders will continue to lose income due to unauthorised private copying of their
contents.
Yes. Ongoing stakeholder consultations, including input from creators, CMOs, and industry
players, will shape the final implementation framework.
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.
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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