6105
Government Gazette 25 August 2016
Act No. 8, 2016
19
BUSINESS AND INTELLECTUAL PROPERTY
AUTHORITY ACT, 2016
Offences
29.
A person who -
(a)
hinders, obstructs or improperly attempts to influence the Board, a
member of the Board or a committee, the Chief Executive Officer or an
employee of BIPA when exercising or performing a power or function
conferred or imposed by or under this Act or an applicable legislation;
(b)
furnishes or gives false or misleading information to BIPA;
(c)
does anything calculated to improperly influence the Board, the
Chief Executive Officer or an employee of BIPA concerning a matter
connected with BIPA; or
(d)
contrary to section 25, discloses confidential information concerning
the affairs of BIPA obtained in the exercise or performance of a power
or function conferred or imposed by or under this Act or an applicable
legislation,
commits an offence and on conviction is liable to a fine not exceeding N$50 000 or
to imprisonment for a period not exceeding five years or to both such fine and such
imprisonment.
Regulations
30. The Minister, on the recommendation of the Board, may make
regulations relating to (a)
the charging of fees for any act done or provision of any service rendered
under this Act or applicable legislation, where no specific provision is
made for the charging of such fees under the applicable legislation; or
(b)
any matter which in terms of this Act is required or permitted to be
prescribed or generally any other matter which the Minister considers
necessary or expedient to give effect to the objects of this Act.
Transitional and savings provisions
31.
(1)
Subject to this section, the Minister -
(a)
with the concurrence of the Minister responsible for finance; and
(b)
on such conditions as the Minister may determine,
must, by notice in the Gazette, transfer to BIPA such agreements, assets, liabilities,
rights or obligations of the State which relate to or are connected with the functions of
BIPA, with effect from a date specified in such notice.
(2)
Despite any law to the contrary, BIPA is vested with the ownership of
the assets and rights, and is charged with the liabilities and obligations, transferred to it
under subsection (1), with effect from the date of such transfer.