I am so proud to own
copyright of an MLM compensation plan I recently created (see the certificate
below). The testimonial letter reads: “This idea is protected by Section 2 (a)
of the Namibian Copyright and Neighbouring Rights Protection Act, Act 6 of 1994
as amended. Any unauthorised modification, translation, reproduction and any
other exploitation of this idea for commercial purposes is strictly
prohibited.”
Namibia is a signatory to
many copyright conventions and treaties, including the Berne Convention of 1886,
World Intellectual Property Organisation 1967 (WIPO) and the World Trade
Related Aspect of Intellectual Property Rights Agreement 1994 (TRIPS). This
means having something copyrighted in Namibia, it is protected in other member
states as well. China is not a member of any of these treaties and probably that’s why
they can make so many copied products.
I believe as a business
person, one should create and maintain intellectual property, because it will be
the only thing that sets you apart from other businesses. Although I have 100%
equity in my business, I copyrighted the business concept to myself rather than
to the business body. In case I decide to sell the business, the idea should
continue to be mine and whoever buys the business will still owe me royalties. Under the
law, the copyright belongs to me for life and additionally 50 years after
death. I can licence it to someone if I decide to or I can pass it on to
someone through inheritance Will.
The Namibia Ministry of
Information and Communication Technology grants the copyright. You apply with
the copy of the work you created, as well as a declaration that the copyright
work is original work. The declaration is done before the commissioner of oaths
(I swore before the Namibian Police).
The copyright owner or
his /her exclusive licensee can take legal action against the infringer who
violated the work. The owner should provide available evidence of infringement
in any format possible as well as the original copyright certificate that
proves that he/she indeed owns copyright of the infringed work.
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