PACRA THE PATENTS AND COMPANIES REGISTRATION AGENCY (PACRA) ANNUAL REPORT

Transcription

1 PACRA THE PATENTS AND COMPANIES REGISTRATION AGENCY (PACRA) ANNUAL REPORT 2012

2 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 Table of Contents Page ACRONYMS 4 Foreword by the Board of Directors 5 Overview by the Chief Exceutive Offi cer 7 1 The Organisation Our Values Our Vision Our Mission Functions Of The Agency 9 2 Board Members 10 3 Commercial Activities Functions Activities Amnesty on Annual Returns Partnerships with Local Authorities Companies and Insolvence Bills Mobile Registration and Awareness Activities International Fairs Meeting with New Zealand Company Registry Sa Meetings with Business Community Turkey Study Tour New Zealand and Kenya Company Registries Statistics 2011 Vs Industrial Property Activities Functions Activities Training Programmes on Reception of Trademark Applications Awareness Programmes on Intellectual Property 16 2

3 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY 4.5 World Intellectual Property Day Opposition Hearing Participation in the Zambia International Trade Fair ARIPO Administrative Council Meeting WIPO General Assemblies And Committee Meetings Engagement with WIPO on Creation of Technology & Innovation Support Centre Technology Transfer Project Capacity Building in Intellectual Property First Aid Training Collaboration on Enforcement of IP Rights Annual Statistics for 2012 as at December, Picture Focus 22 5 Information Technology Activities Online Names Availability Search epacra upgrade Uploading of Trademarks into epacra Reserved Names Creation of Pacra Facebook Account Creation of Twitter Account 25 6 Human Resources Activities Introduction Review of the Organisational Structure Customer Service Training 26 7 Finance and Accounts 27 3

4 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 ACRONYMS ARIPO - African Regional Intellectual Property Organization BOARD - The Board of the Patents and Companies Registration Agency CEEC - Citizens Economic Empowerment Commission CIFIT - China International Fair for Investment Trade DPP - Director of Public Prosecutions ICT - Information Communication Technology IFC - International Finance Company IP - Industrial Property or Intellectual Property IPAS - Industrial Property Automation System IPRs - Intellectual Property Rights IT - Information Technology MCTI - Ministry of Commerce, Trade & Industry ONCS - Online Name Clearance System OSS - One Stop Shop PACRA - Patents and Companies Registration Agency PCT - Patent Cooperation Treaty PSDRP - Private Sector Development Reform Programme R & D - Research & Development SMEs - Small and Medium-Sized Enterprises TISC - Technology and Innovation Support Centres TRIPS - Trade-Related Aspects of Intellectual Property Rights WIPO - World Intellectual Property Organisation ZACCI - Zambia Association of Chambers of Commerce and Industry 4

5 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY BOARD CHAIRMAN S FOREWORD Mr. W.B. Nyirenda S.C., Board Chairman, PACRA. It has been two years since the Patents and Companies Registration Agency (PACRA) Board was appointed by the Minister of Commerce, Trade and Industry and various remarkable milestones have been achieved. The Board set out to defi ne the strategic vision of the Agency and the values considered critical to attaining the strategic vision as stipulated in the Strategic Plan covering for the period 2011 to 2015 which the Board and management developed. Our vision, encapsulated in the in the Strategic Plan, is to be a beacon of excellence in company and industrial property registration and protection. In other words, we intend to be second to none in business registration. We want to be the epitome of excellence. The Board in 2012 was able to provide direction on a number of issues that had been of great concern to the Agency such as the low levels of compliance with the laws governing the business community. In particular, the Board was concerned with the low levels of Annual Return fi ling. Annual Returns are a statutory requirement and are important because they show the position of the company as at the date of the return. In August this year, over 725 companies in Lusaka alone faced deregistration due to fact that they had not been compliant with fi ling their annual returns. It was therefore decided that a general Amnesty on Annual Return penalties to all defaulting businesses regardless of the number of years of default be granted. The Amnesty was for a period starting 31 st of October to 31st December 2013 though it was extended to 31 st January During this period more than 15,000 businesses came forward and fi led their Annual returns without penalties. 5

6 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 Another milestone was the review of the Companies Act which we are hopeful will be tabled before parliament next year. The Agency held various stakeholder consultative workshops in order to get views from key stakeholders. As a Board, we are delighted that the lacunas and grey areas existing in the current law will be cleared. I am also thrilled to relate that the fees for the registration of Intellectual Property (IP) rights at PACRA which were last reviewed in 1995 have fi nally been revised. The lack of review meant that for the past 17 years the fees have not been reviewed while the administrative costs involved in processing IP applications have gone up. Further, under the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, it is a requirement under the National Treatment Clause that there should be no discrimination in the amount of fees paid by local and foreign applicants. To achieve this, and to be able to meet the rising administrative costs, PACRA in liaison with the Ministry of Commerce Trade and Industry, embarked on the revision of these Fees in After all necessary consultations with relevant stakeholders, the Statutory Instruments for the revision of Tariffs of Fees were produced and signed by the Honourable Minister of Commerce Trade and Industry on 17 th December 2012 and gazetted on 21 st December This means that with effect from 21 st December 2012, the new Tariffs of Fees applied for all payments pertaining to IP protection Lastly the Board in consultation with management developed an ambitious decentralization and modernization programme. In particular, in a quest to bring registration services closer to the public and thereby reduce the cost of registration and compliance, the Agency has entered into partnerships with about 27 local authorities and opened additional regional offi ces to coordinate and supervise the local authorities. The Agency currently has offi ces in 8 provinces and will in 2013 have physical presence in Luapula and Central Provinces. Lastly, I wish to commend my fellow members of the Board and Management for their commitment and hard work in ensuring that the core values that PACRA has laid down do not remain mere aspirations but evident in our daily dealings. William. B. Nyirenda, S.C. Board Chairman 6

7 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY CHIEF EXECUTIVE OFFICER S OVERVIEW The year 2012 was a very exciting one for us at the Patents and Companies Registration Agency (PACRA). It is therefore a great pleasure for me to share with you our stakeholders an overview of some of the key activities undertaken or commenced during the year. 1. ONLINE NAME CLEARANCE SYSTEM (ONCs) Among the achievements of the Agency for 2012 was the creation of the Online Name Clearance (ONCs) system. The Online Name Clearance system is an e-fi ling system that enables our clients to obtain approval of proposed business and company names electronically. The initiative having being launched on 13 th April, 2012 processed over 8,000 applications by December CLIENT SERVICE CHARTER In line with our commitment to provide optimal service delivery, we launched a client service charter in April The Charter contains commitments on service delivery and therefore constitutes a social contract between the Agency and the public. We remain fi rmly committed to meeting the expectations of all stakeholders as encapsulated in the charter. To achieve this, we have set ourselves to carrying out objective monitoring and evaluation exercises in respect of all the deliverables in the charter. 3. INFRASTRUCTURE DEVELOPMENT In order to further improve service delivery and the working environment for staff, the year 2012 saw the conception of the idea to construct an 7

8 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 ultra-modern registry at our head offi ce in Lusaka. It is envisaged that this ultra- modern registry will complement the Information Technology (IT) related infrastructure the Agency intends to put in place. Architectural drawings and Bills of Quantities have been completed thereby setting the stage for commencement of the project in DIGITIZATION PROJECT Another major project conceived in 2012 is the digitisation of all our business records. Preparations for the project were initiated in the year under review and it is expected that the project will commence during the fi rst half of It is anticipated that the migration of documents from paper to electronic form will not only improve on the security of information but also introduce effi ciency in conducting searches on business and company fi les. In conclusion, I wish to commend Government for creating an environment in which the Agency has been able to achieve milestones in delivery of its mandate. I also wish to thank the Board without whose effective oversight, little success could have been achieved in the year Lastly and certainly not the least, many thanks to colleagues in management and staff for the good work done thus making the year 2012 yet another success. Anthony Bwembya Registrar & CEO 8

9 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY 1.0 THE ORGANISATION The Patents and Companies Registration Agency (PACRA) is a self-fi nancing body corporate established under the Patents and Companies Registration Agency Act No. 15 of PACRA is an executive Agency of the Ministry of Commerce, Trade and Industry ( MCTI ). Its principal functions are to operate a legal system for registration and protection of commercial and industrial property and to serve as a legal repository of information. It comprises two core departments - Industrial Property and Commercial. Others are Accounts, Human Resources and Administration, and Information Technology (IT). 1.1 OUR VALUES PACRA s operations and engagement with the business community and the general public is guided by the following core values: Quality Service Dynamism Integrity Innovation Team Work Customer oriented 1.2 OUR VISION To be a beacon of excellence in company and industrial property registration and protection 1.3 OUR MISSION To provide efficient and effective registration and protection systems for commercial and industrial property rights in order to promote innovation and orderly trade for the benefit of the nation 1.4 FUNCTIONS OF THE AGENCY The Act empowers the Agency to carry out the following functions: - (a) (b) Administer the Companies Act, the Registration of Business names Act, the Patents Act, the Trademarks Act, the Registered designs Act, and the Companies (Certifi cates Validation) Act; Receive and investigate any complaint of alleged or suspected breach of this Act or the Acts referred to in paragraph (a) and subject to the directives of the Director of Public Prosecutions (DPP) prosecute offences under those Acts; 9

10 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 (c) (d) (e) Collect, collate, and disseminate information on the law relating to the Acts referred to in paragraph (a); Advise government on all matters pertaining to the Acts referred to in paragraph (a) and Do all such other things as are necessary or incidental to the performance of its functions under this Act 2.0 BOARD MEMBERS The Board of the Patents and Companies Registration Agency is the governing body of the Agency and exercises and performs the powers and functions of the Agency in accordance with the PACRA Act NO.15 of It is composed of the following members: (a) a representative of the Ministry of Commerce, Trade and Industry; (b) a representative of the Attorney-General; (c) an accountant registered with the Zambia Institute of Chartered Accountants; (d) a representative of the Zambia Association of Chambers of Commerce and Industry; (e) one person with expertise in matters of intellectual property; and (f) Two other persons. The following are the current PACRA Board Members; (i) Mr. William Boli Nyirenda SC - Chairperson (ii) Mr. George M. Kanja - Vice Chairperson (iii) Mr. Stephen Mwansa, Permanent Secretary (MCTI)- Member (iv) Mrs. Mutinta Natala Siansima Member (v) Mr. Chris Chama Kampamba Member (vi) Mr. Reginald Kasompe Mfula Member (vii) Mr. Katongo Chasaya Member (viii) Mr. Anthony Bwembya- Board Secretary 10

11 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY THE BOARD Mr William B. Nyirenda, SC Chairman Mr Anthony Bwembya CEO/Secretary Mr Stephen Mwansa Member Mr. George Kanja Vice Chairperson Mrs Mutinta Siansima Member Mr Reginald Mfula Member Mr Chris Kampamba Member Mr. Katongo Chasaya Member 11

12 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT COMMERCIAL ACTIVITIES 3.1 FUNCTIONS PACRA through the Commercial Unit administers the Companies Act Cap 388 of the Laws of Zambia and the Registration of Business Names Act No. 16 of This year s performance was better than 2011 in terms of companies and businesses that were registered businesses though the increase was marginal. The annual returns fi led were far much better than the previous year. 3.2 ACTIVITIES The following activities relating to Commercial were undertaken in 2012: 3.3 AMNESTY ON ANNUAL RETURNS The institution offered an amnesty on annual return penalties to all defaulting businesses. The amnesty period was from 1st October to 31st December The aim was to encourage all businesses that had not fi led their returns and were shunning away from doing so because of the large amounts of fees that accumulated over a long period of time due to non-fi ling of returns to come forward and have their records updated. 3.4 PARTNERSHIPS WITH LOCAL AUTHORITIES In line with the government s policy of decentralization, the Agency continued taking its services closer to the people. Partnership Agreements were entered into with districts councils in the following provinces; Muchinga, Northern, Western, Eastern, Southern and part of Central. The Agency entered into partnerships with about 27 local authorities and opened additional regional offi ces to coordinate and supervise the local authorities. The Agency currently has offi ces in 8 provinces. 3.5 COMPANIES AND INSOLVENCY BILLS PACRA participated and worked with a consultant in the reviewing of the companies and insolvency bills after the consultant fi nished working on the two documents. One vital feature of the Companies Bill is that it does not contain any provisions as regards Insolvency. Instead all issues that pertain to insolvency such as bankruptcy, receivership and liquidation are to be consolidated into a separate law, which is presently being referred to as the Insolvency Bill Another key feature of the new Companies Bill is that the classifi cation of companies has been broadened to include co-operatives and trusts. This essentially means that the functions that previously reposed in the Ministry of Agriculture in registering these entities has now been transferred to PACRA. In addition, the Memorandum of Association which had previously been scraped off has been re-introduced. Further, the new statute shall have greater inclination towards administrative penalties, as opposed to criminal sanctions in the event that various offences are committed. 12

13 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY 3.6 MOBILE REGISTRATION AND AWARENESS ACTIVITIES The Agency undertook Mobile Business Registration as well as sensitization and awareness programmes, some of which were coupled with workshops. There was also a mobile annual return collection exercise which was meant to boost the collection returns by taking advantage of the amnesty that was given to the business community in Southern, Northern, Copperbelt, Western and Eastern Provinces. The Unit also engaged in awareness programmes through community radio stations, among other media. It also continued disseminating information at various fora targeted at particular sections of society including the youth (Youth Association of Mazabuka), business associations (Zambia Chamber of Small and Medium Business Associations ZCSMBA) and religious organizations. The Unit also participated in regional trade shows (Chipata and Livingstone) as well as traditional ceremonies (Ncwala). Mobile registration and awareness campaigns were conducted in Western, Northern and Muchinga Provinces. The Agency also embarked on physical inspections in Chinsali and Eastern province to check on businesses which were trading without registration certifi cates and compliance levels for those that are registered. 3.7 INTERNATIONAL FAIRS The Unit participated in the China International Fair for Investment Trade (CIFIT) in Xiamen which was employed as a platform for information dissemination on the country s registration processes and marketing the country as an ideal investment destination. The Department also participated in the Zambia International Trade Fair (ZITF). Miss Choneya Nkhoma (Registration Officer) advising a client at the China International fair for Investment and Trade (CIFIT) Xiamen, China 13

14 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT MEETING WITH NEW ZEALAND COMPANY REGISTRY SOUTH AFRICA There was a meeting held between the Zambian and New Zealand Registries in South Africa. The aim of the meeting was about exploring the possibility of getting technical assistance and fi nancing of company registration software. 3.9 MEETINGS WITH BUSINESS COMMUNITY TURKEY PACRA accompanied the then MCTI Minister Honourable Robert Sichinga to Turkey. PACRA did presentations on the registrations processes in Zambia and how easy the processes are. 3.1O STUDY TOUR NEW ZEALAND AND KENYA COMPANY REGISTRIES The Agency undertook study tours to New Zealand and Kenya company registries. The New Zealand trip was undertaken in order to benchmark how the registry reformed in its registration processes it being one of the best in the world. The aim was to see how the registry was using the electronic and web based systems in its registration and post registration services. A separate team undertook an education tour on digitization of the Commercial Unit Registry. The aim was to get some insight on the best way possible the PACRA Registry could be improved upon in terms of information storage STATISTICS 2011 Vs 2012 REGISTRATIONS Companies Business Names

15 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL RETURNS Companies Business names During the year under review, companies and business names were registered. This accounted for an increase of 13.2% in company registrations over the previous year which had recorded Business name registrations rose from to representing a rise of 1.4%. The marginal increase in business name registrations could be attributed to the suspension by the Citizens Economic Empowerment Commission (CEEC) in issuing loans as this normally encourages people to register their businesses since it is a prerequisite for loan applications. From the statistics above, the annual returns in the year under review for both companies and business names were and and this showed an increase of 146% for companies and 154% for business names respectively. The increase in the annual return fi gures could also be attributed to the amnesty on annual return penalties which was offered to the business community and the campaigns that were conducted countrywide. 15

16 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT INDUSTRIAL PROPERTY ACTIVITIES 4.1 FUNCTIONS PACRA under the Industrial Property (IP) unit administers three (3) statutes namely, The Patents Act, CAP 400, The Trade Marks Act, CAP 401 and the Registered Designs Act Cap 402 of the Laws of Zambia. In line with the mentioned Acts, the Agency grants Patents, registers Trade Marks and Industrial Designs. It also attends to matters incidental to the aforementioned activities such as renewals, assignments, licensing and change of names and address of the right holders. Furthermore, the Agency provides advisory services on fi ling Industrial Property applications and related procedures before the offi ce. 4.2 ACTIVITIES The following activities relating to Intellectual Property were undertaken in 2012: 4.3 TRAINING PROGRAMMES ON RECEPTION OF TRADEMARK APPLICATIONS Training programmes for PACRA members of staff in the Regional offi ces namely; Livingstone, Ndola and Chipata were conducted throughout the year. The offi cers received basic training on how to receive, handle Trademark applications and give advice to members of the public on IP matters. The said training paid off as evidenced in the increase in applications coming from the Regional offi ces. This was a great milestone in PACRA s quest of taking its services closer to its customers in order to reduce the cost of doing business in line with Government policy. 4.4 AWARENESS PROGRAMMES ON INTELLECTUAL PROPERTY The Agency carried out awareness programmes on services relating to Intellectual Property. Among awareness programmes conducted were live phone in programmes on various Radio stations across the country. The Agency also participated in the Africa Public Service day at Arcades Shopping Mall where offi cers explained to the public on the need to have their industrial Property rights protected and the services PACRA offered with regard to IP protection. In addition, the Agency also participated in the Zambia Innovation and Design Fair which was held at The Government Complex where designers were show casing their designs and innovations. Through this programme the public was sensitised on the services PACRA provides with regard to industrial property rights protection. 4.5 WORLD INTELLECTUAL PROPERTY DAY The World Intellectual Property Day is celebrated every year on 26 th April by World Intellectual Property Organisation (WIPO) Member states to appreciate the role Intellectual Property plays in socio-economic and cultural development of any country. The aims of The World Intellectual Property Day are: 1. To raise awareness of how patents, copyright, trademarks and designs impact on the daily lives of people. 2. To increase understanding of how Intellectual Property rights help promote innovations and creativity. 16

17 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY 3. To encourage respect for the Intellectual Property rights of others. 4. To celebrate creativity and the contribution made by other creators and innovators to the development of societies across the globe. The theme for 2012 was visionary innovators people whose innovations transform our lives. PACRA with other stakeholders raised awareness on IP related issues in line with the theme. The highlight of the celebrations was a march past with stakeholders from Civic Centre to the Freedom Statue where the guest of honour the Acting Permanent Secretary Ambassador Albert Muchanga addressed the people. 4.6 OPPOSITION HEARING In the year 2012, PACRA conducted three opposition hearings. An opposition hearing comes about when a person within two months from the date of any advertisement in the Trademarks Journal makes an objection/opposition to an application for registration. Section 23 of The Trademarks Act, CAP 401 provides for this procedure and the opposition can be launched by any one as long as he is an interested person and not necessarily be a trademark owner. 4.7 PARTICIPATION IN THE ZAMBIA INTERNATIONAL TRADE FAIR PACRA took part in the Zambia International Trade Fair in Ndola. A lot of sensitization on Industrial Rights protection took place during the Fair. During the Fair three Trade Mark applications and one Industrial Design were received. The Zambia International Trade Fair therefore created another platform for the Agency to explain the services that it offers to members of the public as well as local and international business houses. 4.8 ARIPO ADMINISTRATIVE COUNCIL MEETING The Agency participated in the ARIPO Administrative Council meetings in Zanzibar, Tanzania. The Administrative council meeting is held annually in any of the 16 member states of ARIPO. It among other things discusses administrative matters of ARIPO while the Council of Ministers Meetings discusses policy matters of member states. At this meeting Mr Dos Santos of Mozambique was appointed as the new Director General for ARIPO.The next meeting will be held in Kampala Uganda in the year WIPO GENERAL ASSEMBLIES AND COMMITTEE MEETINGS PACRA also attended the 50 th General Assemblies and several World Intellectual Property Organisation (WIPO) committee meetings. WIPO is a specialised UN Agency that coordinates the IP matters worldwide and Zambia is a member of WIPO, Paris Convention for literacy and artistic works, the Madrid Protocol for international registration of marks and the Patents Cooperation Treaty (PCT) for International registration of Patents. In the Committee meetings, a number of issues dealing with Trade Marks, Patents and Industrial Designs were discussed. In attendance for the WIPO General Assembly meeting were the Permanent Secretary Ministry of Commerce Trade and Industry (MCTI), PACRA Board Chairperson, CEO and Assistant Registrar IP. 17

18 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 The Zambian delegation at the 50 th WIPO General Assemblies in Switzerland during the plenary session in October Second from far right, PACRA Board Chairman Mr William B Nyirenda S.C, MCTI, Permanent Secretary Mr Stephen Mwansa, and PACRA Registrar /CEO Mr. Anthony Bwembya ENGAGEMENT WITH WIPO ON CREATION OF TECHNOLOGY AND INNOVATION SUPPORT CENTRE. The Agency engaged with WIPO on establishing the Technology and Innovation Support Centre (TISCs). At the General Assemblies, Zambia signed a Memorandum of Understanding for the establishment of TISCs in Zambia. It was agreed that in the fi rst quarter of 2013 the fi rst TISC should be established at PACRA. TISCs will also be established at the National Technology Business Centre, the University of Zambia, Copperbelt University, the National Institute for Scientifi c and Industrial Research as well as the Zambia Agriculture Research Institute TECHNOLOGY TRANSFER PROJECT The World Intellectual Property Organisation (WIPO) in liaison with PACRA has embarked on the technology transfer project where WIPO is scheduled to install solar distillers and rain water harvesters in certain parts of the country. PACRA will play the role of facilitator as the key stakeholders and benefi ciaries of this project are the Ministry of Health (Solar Distillers) and Ministry of Agriculture (Rain Water Harvests). There have also been a number of workshops that have taken place organised by WIPO with a group of experts drawn from the Ministry of commerce Trade and Industry, Ministry of Agriculture, Ministry of Health and Ministry of Science and technology. Business plans concerning these projects have already been submitted to WIPO. 18

19 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY 4.12 CAPACITY BUILDING IN INTELLECTUAL PROPERTY PACRA Assistant Examiners specialised in Intellectual Property attended a training workshop on presentation and Classifi cation standards for Trademark Examiners in July, 2012 in Nairobi, Kenya. a) Offi cers were attached at the Kenyan Intellectual Property Institute to familiarize themselves on the procedures and processes that the Kenyan counterparts use in Trade Marks, Patents and other industrial property matters. Offi cers got the skills in the classifi cation of fi gurative elements in Trade Marks. b) Two offi cers underwent training at WIPO Headquarters in Geneva Switzerland in handling Madrid applications as a designated and receiving offi ce and this training was indeed a milestone in the enhancement of Madrid Trade Marks at PACRA which is expected to be in full operation when the relevant legal regime is enacted by parliament hopefully before the end of this year. c) In December, 2012 offi cers from the Industrial Property unit and some from commercial unit attended a training workshop organized by WIPO on The Madrid System for International Registration of Marks. The Madrid System for International Registration of Marks is a mechanism allowing a trademark owner to designate countries where one wants the mark protected by using one application sent to WIPO through the international Bureau as long as legal requirements are met by the applicant. d) Offi cers from the IP Unit participated in the Regional workshop on the Enforcement of IP rights for the judiciary and other law enforcement offi cials which was organised by WIPO in conjunction with The United States Patent Offi ce (USPTO). There were also participants from East, West and Southern Africa who included judges and police offi cers. Participants at the Trademark Examination Workshop organised by USPTO and PACRA. e) In September this year offi cers from the unit participated in a workshop organised by the United States Patent Offi ce (USPTO) on Trademark Examination. This workshop was of great importance in the sense that a lot of areas regarding trademark examination were covered and offi cers had an opportunity to share the experiences of PACRA and USPTO regarding the topic. 19

20 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT FIRST AID TRAINING In order to enhance effective service delivery to our esteemed customers, three offi cers in the IP unit underwent training in First Aid so as to be able to provide fi rst aid to the customers as well as members of staff when need be. This training will go a long way in our efforts to provide good customer care in an event where the customer may need fi rst aid services before expert medical attention is rendered COLLABORATION ON ENFORCEMENT OF IP RIGHTS When IP rights are registered, there is also an aspect of enforcement so as to prevent infringement and counterfeiting. However, it is important to note that the enforcement is done by the holder of the industrial property right and other Law enforcement agencies.when it comes to enforcement of counterfeit Trade Marks however, the unit may provide necessary information as to who is the registered Trade Mark owner if such a trademark is registered. Apart from that evidence has been adduced in court with regard to trademark infringements based on the information available before PACRA so that justice is delivered by the courts of law. This year, several infringement cases regarding counterfeit trademarks have been before the courts of competent jurisdiction. This success is as a result of the good partnership between PACRA and the Law enforcers such as the Police when it comes to adducing evidence before court ANNUAL STATISTICS FOR 2012 AS AT DECEMBER, 2012 Lodged Registered/Granted Renewed Patents Trade Marks Designs ARIPO Patents ARIPO 2011 Vs

21 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY DESIGNS 2011 Vs TRADEMARKS 2011Vs PATENTS 2011 Vs The performance in terms of applications for trademarks was high in the year 2012 compared to There were 1293 applications lodged in 2011 compared to 1658 in This increase could be attributed to applications being received from the regional offi ces in that members of the public can now access the services within their locality. The year 2012 has recorded 38 patent applications compared to 24 applications in 2011.There has been 280 ARIPO patent applications this year compared to 268 in 2011and 12 designs this year compared to 16 in The increase in patent applications is as a result of a conducive economic environment prevailing in the country which is attracting the investors. 21

22 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PICTURE FOCUS Former Eastern Province Minister Charles Banda (left) engages the PACRA Board members shortly before delivering a speech during a business workshop in Chipata, Eastern Province PACRA employees during the Team building event held at Lake Safari Lodge in Siavonga. The theme of the event was back to grade 1 and all employees were required to wear their grade one uniforms 22

23 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY Part of the Gambian delegation during a presentation on PACRA operations at PACRA offi ces in Lusaka. Part of the Agency s Senior management team with the Board Chairman (standing- second from left) in Siavonga relax and pose for a picture after a hard day s deliberations on challenges clients face in fi ling Annual Returns 23

24 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT INFORMATION TECHNOLOGY ACTIVITIES 5.1 ONLINE NAMES AVAILABILITY SEARCH The Online Names Availability Search was launched on 13 th April, The facility enables clients to conduct name searches online. To access the service, clients should go to org.zm. Anyone with access to the internet can conduct this essential fi rst step in the process of registering a business. The service can be accessed from the comfort of the offi ce, internet café, home or even from internet enabled devices such as ipads and mobile phones. This saves clients a great deal of time and expense of having to travel to locations where PACRA has a physical presence. NEW ONLINE USER REGISTRATIONS APR MAY JUN JUL AUG SEP OCT NOV DEC ONLINE NAME SEARCHES LODGED APR MAY JUN JUL AUG SEP OCT NOV DEC 5.2 EPACRA UPGRADE epacra is the automated system for registration and post registration administration of the business registry of PACRA. It has become increasingly busy with the steady increase in the number of businesses being registered in the last few years. Over time, system response had slowed to unacceptable levels. In response to this, PACRA implemented a system upgrade to revamp the systems speed of processing. This involved the automatic pre-fi lling of subsequent system forms from data entered on priority forms, saving data entry staff much effort and time to complete post registration lodgments such as annual returns. 24

25 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY BUSINESS NAMES REGISTRATIONS COMPANIES REGISTRATIONS 20,000 15,000 10,000 5,000 - *2009 *2010 *2011 * ,000 10,000 8,000 6,000 4,000 2,000 - *2009 *2010 *2011 *2012 YEAR OF REGISTRATION YEAR OF REGISTRATION 5.3 UPLOADING OF TRADEMARKS INTO EPACRA RESERVED NAMES The quality of name searches largely depends on the completeness of the reserved names database. Previously, registered trademarks were not resident in the epacra reserved names database. This resulted in the acceptance of business names that should not have been granted. To remedy this, PACRA instituted periodic uploading of registered trademarks into the epacra reserved names database for quality name search results. The enhancement has worked very well so far and has eliminated most complaints by trademarks owners pertaining to their marks being registered as businesses by others. 5.4 CREATION OF PACRA FACEBOOK ACCOUNT The use of social media is not confi ned to leisure activities alone but converges into business as well. As such, many of PACRA s clients would desire to interact with us through the use of social media such as Facebook. This realization prompted PACRA to create a Facebook account through which those clients wishing to interact with us in that way would be able to do so without any diffi culty. To make it easier for such clients, PACRA has created links from its website to the Facebook account. The move has paid off in that there are many people who give us feedback on our services through their Facebook posts to PACRA. The major advantages of Facebook include the large number of users particularly the youths, the rapid response, and the fact that it can be used even in far fl ung areas provided there is mobile service coverage. 5.5 CREATION OF TWITTER ACCOUNT Twitter is another social media with a growing number of users in Zambia. PACRA felt that it should have a presence on this forum as well for a wider reach to our client base. Again, visitors to the PACRA website have been enabled to spread information on PACRA by having options to share information with their friends on the same social media. 25

26 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT HUMAN RESOURCES ACTIVITIES 6.1 INTRODUCTION During the period under review the Agency undertook a number of activities which included the review of the Organisational Structure, recruitment of Staff, transfers and capacity building programmes. The major capacity building programmes were training, workshops, seminars and exchange programmes. 6.2 REVIEW OF THE ORGANISATIONAL STRUCTURE In 2012 PACRA reviewed its Organisational Structure and introduced the Operations Manual. The Agency decided to review the structure in order to accommodate the decetralisation programme it has embarked on which has seen a number of regional offi ces opened in various parts of the country. The Agency also reviewed its structure to ensure that the right people were placed in the right positions to ensure effi ciency in service delivery. The structure is intended to be implemented in CUSTOMER SERVICE TRAINING The purpose of the Customer Service training was to identify challenges and gaps and also consider innovative ways of improving service delivery. PACRA considers customer service as an integral part of its operations and members of staff were urged during this training to always strive for a highquality output and provide good customer service to the clients. Customer Service Workshop participants July 2012 at Cresta Golf View Hotel 26

27 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY 1 FINANCE AND ACCOUNTS Audited Financial Statements for the Year ended 31st December

28 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT

29 ANNUAL REPORT 2012 PATENTS AND COMPANY REGISTRATION AGENCY PACRA 29

30 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 30

31 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY CYMA Chartered Accountants & Management Consultants 31

32 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 32

33 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY CYMA Chartered Accountants & Management Consultants 33

34 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 34

35 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY Notes on pages 9-18 form part of these fi nancial statements CYMA Chartered Accountants & Management Consultants 35

36 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA Notes on pages 9-18 form part of these fi nancial statements CYMA Chartered Accountants & Management Consultants 36

37 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY Notes on pages 9-18 form part of these fi nancial statements CYMA Chartered Accountants & Management Consultants 37

38 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA Notes on pages 9-18 form part of these fi nancial statements CYMA Chartered Accountants & Management Consultants 38

39 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY CYMA Chartered Accountants & Management Consultants 39

40 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 40 10

41 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY CYMA Chartered Accountants & Management Consultants 41 11

42 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 42 12

43 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY CYMA Chartered Accountants & Management Consultants 43 13

44 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 44 14

45 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY CYMA Chartered Accountants & Management Consultants 45 15

46 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 46 16

47 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY CYMA Chartered Accountants & Management Consultants 47 17

48 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 48 18

49 ANNUAL REPORT 2012 PACRA PATENTS AND COMPANY REGISTRATION AGENCY CYMA Chartered Accountants & Management Consultants 49 19

50 PATENTS AND COMPANY REGISTRATION AGENCY ANNUAL REPORT 2012 PACRA CYMA Chartered Accountants & Management Consultants 50 20

51 21

52 CONTACT DETAILS Head Office Plot No Mwayi House, Haile Selassie Avenue, Longacres, P.O. Box 32020, Lusaka, Zambia Tel: (+260) , , Fax: (+260) Lusaka One Stop Shop Kwacha House Cairo Road Lusaka Eastern Province Regional Office Second Floor Zesco building, Behind Zanaco branch, Off Pererenyatwa Road P.O Box Chipata Tel: (+260) Fax: (+260) Western Province Office Plot No. 304 Lusaka Road Opposite Catholic Diocese Admin P.O. Box Mongu Telefax: (+260) Copperbelt Regional Office Stanchart House Second Floor Buteko Avenue P.O. Box Ndola Tel: (+260) Fax: (+260) Southern Province Regional Office One-Stop-Shop Building (Tourism Centre) Next to Livingstone Museum P.O. Box Livingstone Tel: (+260) Fax: (+260) Muchinga Province Regional Office Plot No.252, Nambuluma Road Town Centre (Formerly Jebresa General Dealers) P.O.Box Chinsali Tel: (+260) Northern Province Office Plot no. 5, Mubanga Chipoya road, Town Centre, P. O. Box Kasama Tel : (+260) Fax : (+260) North-Western Province Office NAPSA Building, 2nd Floor, Room 26 Plot No. 240, Independence Avenue P.O. Box Tel: Solwezi pro@pacra.org.zm pacrazambia: