6105
Government Gazette 25 August 2016
Act No. 8, 2016
7
BUSINESS AND INTELLECTUAL PROPERTY
AUTHORITY ACT, 2016
(c)
refer alleged offences to the relevant prosecuting or regulatory authority;
or
(d)
do any other thing necessary to perform its functions under this Act or
the applicable legislation.
Policy directives by Minister
6.
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.
Board of BIPA
7.
The Minister must constitute the Board of BIPA in terms of section 8 -
(a)
to govern, supervise and control the affairs of BIPA;
(b)
to exercise the powers conferred on BIPA or the Board by or under this
Act or the applicable legislation; and
(c)
to perform such functions imposed on the Board by or under this Act or
the applicable legislation.
Constitution of Board
8.
(1)
Unless a different number is determined in accordance with
section 14(1)(a) of the Public Enterprise Governance Act, the Board consists of seven
members appointed by the Minister of whom (a)
three persons are selected by the Minister;
(b)
four persons are from the persons who apply for appointment as
members or are nominated in the manner contemplated in subsection
(2),
who have appropriate and relevant expertise and experience in one or more of the
following fields, namely, commerce, business, law, finance, economics and intellectual
property.
(2)
For the purposes of making an application or being nominated for
appointment in terms of subsection (1)(b) (a)
the Minister must in at least two newspapers circulated widely through
Namibia invite for applications or nominations to be submitted to the
Minister in writing within the period specified in the invitation; and
(b)
if no nomination is submitted as contemplated in paragraph (a) within
the period specified in the invitation referred to in that paragraph,
the Minister, subject to this section, may appoint a suitable person as
member of the Board.