AINNA KAUNDUThe saying goes, “Times of great calamity and confusion have been productive for the greatest minds. The purest ore is produced from the hottest furnace. The brightest thunderbolt is elicited from the darkest storm.”
We are acutely aware that our country, the region and indeed the rest of the world, are experiencing an economic slowdown; and economists are hesitant to predict the exact moment of a future turnaround.
However, it is during such trying times that humanity makes its greatest discoveries and inventions. This is the natural response of the human race to any occurrence which threatens its existence or progress. It is therefore not a secret that the solution to our prevailing economic difficulty lies with the people and is a product of the intellect of people.
A people that has created the space to imagine, invent, create and innovate, will never cease to grow and advance. It is with this understanding that the government of Namibia has identified intellectual property as a stimulus for economic growth through the creation of a distinctive and unique value in products and services.
Competitiveness is an essential element for survival on the global playing field; and intellectual property is a tool through which competitive advantage is created.
Unfortunately, the legal frameworks and guidelines that govern the protection of intellectual property rights in Namibia, are often underdeveloped, underutilised or outdated. One such instrument is the current Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994).
Intellectual property refers to creations of the mind such as inventions; literary and artistic works; and symbols, names and images used in commerce. Intellectual property is generally divided into two categories: industrial property which includes patents for inventions, trademark and industrial designs; and Copyright which is a form of intellectual property law which protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. In Namibia, the protection and promotion of copyright is administered in terms of the Copyright and Neighbouring Rights Protection Act, 1994 (Act No. 6 of 1994).
There are two types of rights under copyright, namely moral rights (which protect the non-economic interests of the author) and economic rights (which allow the rights owner to derive financial rewards from the use of their works by others).
Copyright protection is vital for the development and promotion of the creative industry.
Creative industries refer to the markets centred on the creation and exploitation of intellectual property products, which consist of original works, and incorporate intellectual creativity, diverse cultural and customary traditions from local communities.
The creative industry includes: advertising; design; film; video and photography; fine art illustrations; game development; handicraft; performing arts; publishing; software, computer games; electronic publishing; and radio and television.
The creative industry is becoming an important building block for a knowledge-based economy (creative economy), particularly, with the emergence of the fourth Industrial Revolution, characterised by a fusion of technologies that is blurring the lines between the physical, digital, and biological spheres. The fourth Industrial Revolution is an era of dynamic transformation; where creativity, innovation, technology, digitisation, robotics and knowledge are fast becoming credible means of fostering prosperity.
The creative industry, according to Namibia’s fifth National Development Plan (NDP5), contributes 0,65% of the total employed population. To this end, the government has set a goal, in the NDP5, to increase the contribution of the creative industry to employment from 0,65% to 2% by 2022.
With the appropriate support infrastructure, Namibia’s creative industry holds the potential for inclusive socio-economic development. Therefore, it is imperative that the policy, institutional, legislative and regulatory frameworks are pragmatic to create an appropriate environment for the development and prosperity of the creative industry.
Reforms to Namibia’s copyright law will promote economic development by incentivising the creation of copyright-protected works, while also maintaining the affordability and accessibility of socially beneficial copyrighted works for ordinary consumers.
An updated legal framework will create an environment that attracts investment in cultural and knowledge-based industries, while promoting dissemination of the copyrighted products
* Ainna Kaundu is the executive manager: intellectual property at Business and Intellectual Property Authority (Bipa Namibia).
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