By: Dwight Links
A team of consultants presented a situation analysis and findings that would be factored into the second National Intellectual Property Policy and Strategy (NIPPS) cycle. This is meant to run from 2026 to 2030.
The team, led by Tom Peter Migun Ogada from Kenya, included Lineekela Ihuhua, Selma Fortunato, and Kula Simson.
Ihuhua presented on the current status of how Namibian intellectual property is generated, recorded, and codified.
“We looked into the six pillars of the ecosystem and the findings associated with them. They ranged from the legal framework in place, how the rights are produced, to commercialisation and enforcement, and IP research and technology transfer,” Ihuhua outlined.
NEEDED CHANGES
According to Ogada, the recommendations outline that the country’s next NIPPS framework has to be built around the existing developments and laws.
“As you can see, what exists is the copyright protection bill, the plant breeders’ rights bill, and that they should be fast-tracked. This is specifically significant to the copyrights levy, as the stakeholders are eagerly awaiting the implementation of the legislation. So, fast-tracking and the implementation of these are strongly recommended,” Ogada added.
Another recommendation signalling possible market development and commercialisation of products of an intellectual property (IP) nature was the introduction of a geographic legislation.
Namibia currently alludes to this kind of protection under the Industrial Property Act, but Ogada’s recommendation highlights that this is a law that provides greater protection and commercialisation to the market in Namibia.
According to the World Intellectual Property Organisation (WIPO), the Geographical Indications (GIs) are IP rights that serve to identify a product originating from a specific geographical area, holding a quality, reputation, or other characteristics essentially attributable to its geographical origin.
“Namibia also has to consider trade secret laws and develop them. Attention should be given to enacting laws on the same topic in the next four or five years,” Ogada highlighted.
Moreover, Ogada advises that Namibia also operationalises an act currently lying dormant, which allows for access to biological and genetic resources, along with the traditional knowledge act.
“This should be enacted, and the matters of benefit sharing should become a major proponent of this act’s aim,” he added.
LAWS & POLICIES
Under the Legal Framework, Ihuhua noted that they looked into “the recently ended policy as well, and the biggest achievement out of the analysis is the Intellectual Property Act of 2012. By 2018, I remember we [Namibia] still used various legislative texts for trademarks and patents,” she added.
Her analysis also revealed that there is an Industrial Property Act of 2012, which is to be considered in combination with the IP Act, and has an overarching mandate in the country.
“Essentially, this act serves as the one and all, aside from copyright protection. For copyright, there is currently a draft bill under development, even though there is an active copyright act known as the Copyright & Neighbouring Rights Protection Act of 1994,” Ihuhua indicated.
The last development on copyright law was in 2024. This was when the now-defunct Ministry of Industrialisation & Trade presented the Kampala Protocol in the National Assembly.
Much of the trade and industry policy work was done by this ministry before the new administration under President Nandi-Ndaitwah began in 2025.
The previous national policy ran from 2019 to 2024, but its implementation was hindered by the Covid-19 pandemic, confirmed Business & Intellectual Property Authority (BIPA) speakers at the policy development session in Windhoek.
BIPA was the organiser of the policy development engagement, which had representatives from WIPO in attendance, such as Daniul Islam (Counsellor for the African divisions), in discussion about the next NIPPS cycle.
