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Government Gazette 25 August 2016
Act No. 8, 2016
(b)
17
BUSINESS AND INTELLECTUAL PROPERTY
AUTHORITY ACT, 2016
make use of, or profit from, confidential information obtained as a result
of exercising or performing a power or function as a Chief Executive
Officer or staff member.
(6)
A person who contravenes subsection (1), (2), (4) or (5) commits an
offence and on conviction is liable to a fine not exceeding N$100 000 or to imprisonment
for a period not exceeding five years or to both such fine and such imprisonment.
Reports by Registrar
24.
The Registrar must, during meetings of the Board or within a period as
may be determined by the Board, report to the Board on (a)
the issue of the registration of business and industrial property registered
by the Registrar; or
(b)
any matter that the Registrar may wishes to bring to the attention of the
Board pertaining to any function performed or power exercised by the
Registrar under this Act or applicable legislation.
Prohibition of disclosure of confidential information
25.
A member of the Board or committee, staff member of BIPA or any
other person contracted by BIPA, may not disclose to any other person confidential
information acquired in the exercise or performance of a power or function under or in
terms of this Act or an applicable legislation whether before, during or after his or her
involvement in the affairs of BIPA, except (a)
for the purposes of the exercise or performance of his or her powers or
functions under or in terms of this Act or an applicable legislation; or
(b)
when required to do so by any other law or a court of law.
Claim of confidentiality
26.
(1)
When submitting information to BIPA or to an inspector, a
person may, in so far as it is provided for in applicable legislation or any other law,
claim that all or part of that information is confidential.
(2)
A person claiming confidentiality as contemplated in subsection (1)
must submit a written statement explaining why the information is confidential.
(3)
BIPA must -
(a)
consider a written statement submitted under subsection (2) in relation
to a claim made under subsection (1); and
(b)
as soon as practicable, decide on the confidentiality of the information
and access to that information and provide written reasons for the
decision.