The patents and companies registration agency Act: A critical analysis

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Haangala, Lweendo Buumba
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An efficient system for the registration of companies, business names and intellectual property has over the last twenty years been recognised as vital in the boosting of the economy of a country. To this effect, a number of countries have recognized the importance of smooth and efficient business start-up procedures. In recognition of the need for a properly functioning registry, the Patents and Companies Registration Agency Act was enacted in 2010 facilitating inter-alia the creation of the Agency which replaced the Patents and Companies Registration Office and vested, in the Registrar the mandate to administer over a number of Acts dealing with companies and intellectual property. This paper, attempts to critically analyse the Patents and Companies Registration Agency Act, giving an appraisal of the novel piece of legislation and also highlighting any areas of weaknesses the Act may have. This study will in addition, analyse the various pieces of legislation falling under the Registrar's mandate highlighting areas that may be in need for change. Furthermore, this paper will offer a comparative analysis of the Act with legislation from a few select Southern African countries. After considering the foregoing, this paper draws findings and makes conclusions and recommendations in relation to the adequacy or inadequacy as the case may be of the Act regarding the following: weakness pointed out during the critical analysis of the Act and also any shortcomings relating to the pieces of legislation the Registrar oversees.
Patents , Companies Registration