Protecting intangible property

There were 29 applications for exclusive rights of inventions (better known as patents) with the Business and Intellectual Property Authority (Bipa) during the 2017/2019 financial year.During the same period, Bipa registered and approved 171 copyright applications, and rejected 13 applications which did not meet the requirements.Bipa’s manager for patent services Monica Hamunghete told Market Watch in an interview that of the 29 patent applications during the past year, 21 have been registered.Patents are a protection of an invention of any new and useful art, process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, capable of being used or applied in trade or industry and not known or used by others, and not patented or described in any printed publication in Namibia or any other country.Bipa said most of the patent applications they receive are related to engineering areas.To date, the local IP authority said it has not received any infringement complaints for patents, which give exclusive right to the owner of the invention to exploit it commercially.As for copyrights, which grants a creator of exclusive rights for use and distribution of product, the authority dealt with 5 cases so far pertaining to the software programs infringements.“Intellectual property right is a new subject to many Namibians, therefore it is always difficult for the clients to determine the authenticity of the work created,” said Josia EfraimIP officer: copyright & traditional knowledge at Bipa.Law on patentsIn Namibia patent registration are protected under the Patents Act, Act No. 9 of 1916 and proclamation 17 of 1923. The Industrial Property Act 1 of 2012, in terms of which the registration of patents will be administered, has been enacted and implementation is awaiting Bipa encourages Namibians to apply for a patent before they have made their invention available to the public in order to protect its novelty.“Patents provide incentives to individuals by recognising their creativity and offering the possibility of material reward for their marketable inventions. These incentives encourage innovation, which in turn enhances the quality of human life,” says Bipa.Patent protection means an invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. Patent rights, according to the authority are usually enforced in courts that, in most systems, hold the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party. Bipa said patent application for an invention must be made in writing, citing the complete specifications, as this document makes up the most important part of the application, making a full disclosure of the invention and the claims defining the subject matter for which protection is being claimed/sought.CopyrightWorks covered by copyright include, novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.According to Bipa, a copyright protection is automatic under international law, but in the event that someone’s work is infringed evidence may be required to support their claim. It also helps to deter infringement (particularly from those who do not understand copyright) if the owner make it clear that their work is protected under copyright law. “The creators of works are protected by copyright and their heirs also have certain basic rights under copyright law. They hold the exclusive right to use or authorise others to use the work on agreed terms.”Similar rights, among others, fixation (recording) and reproduction are granted under related rights. The creators can transfer these rights to companies that is in a better position to develop and market the works, in return for compensation, says Bipa.“The economic rights in copyright law duration is 50 years from the day of creation or fixation of the work, and 50 years after the creator’s death.”CelebratedThe world celebrates World Intellectual Property(IP) Day, (IP) on Thursday. IP, which is an intangible property that is the result of creativity includes patents and copyrights.World Intellectual Property Day is observed annually on 26 April. The event was established by the World Intellectual Property Organisation (WIPO) in 2000 to "raise awareness of how patents, copyright, trademarks and designs impact on daily life" and "to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe". 26 April was chosen as the date for World Intellectual Property Day because it coincides with the date on which the Convention Establishing the World Intellectual Property Organisation entered into force in 1970.According to WIPO, the day is celebrated to learn about the role that intellectual property rights such as patents, trademarks, industrial designs and copyrights play in encouraging innovation and creativity.This year’s World Intellectual Property Day campaign celebrates the brilliance, ingenuity, curiosity and courage of the women who are driving change through innovation.

Protecting intangible property

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Republikein 2025-07-07

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Protecting intangible property

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