CIPC Annual Report V1

owners are experiencing financial distress because of the economic decline, their resources to enforce IPR are limited. The Africa Regional Pharma Crime (and Other Counterfeits) Working Group is focusing on local counterfeit and illicit trade in pharmaceutical products, and the Interpol Crime Group has a national enforcement focus. Products confiscated included counterfeit 3M protective gear and tablets. There is a clear shift in the focus for law enforcement officials from across the African continent. The priorities are moving away from confiscating commodities (goods) to detecting and following persons involved in IP crime. We envisage that the kingpins involved in the organised crime rings that drive counterfeit goods will be targeted through this strategy. IP enforcement involved strategic engagements and operations with multiple domestic and international law enforcement agencies, to clamp down on counterfeit trading, and to change consumer behaviour, namely counterfeit purchases. Corporate enforcement involves compliance surveillance and proactive investigations to improve company and director conduct. Corporate compliance Surveillance and Enforcement Automation and iXBRL has made AFS filing and annual returns filing easy. The CIPC conducts proactive investigations, as well as in response to complaints. During the year under review, the CIPC has dealt with high profile cases such as Table B. 19: Status of policies as at 31 March 2021 DIVISION NO OF POLICIES DUE FOR REVIEW

Eskom, Transnet and Tongaat-Hulett yielding positive results. The CIPC also proactively ascertained compliance with Social and Ethics Committee (SEC) requirements in respect to Companies Tribunal Decisions refusing applications for exemption to certain companies to establish SECs. 1.2 Organisational environment The CIPC continued to thrive under the Covid-19 pandemic through its Telecommuting Strategy, as well as the use of virtual platforms. Implementation of Governance Framework The Governance Framework is being implemented as approved. There is a need to review the Framework to ensure alignment with legislation and best practice taking into account the CIPC environment and setup. Research on the matter is in progress. A corporate calendar has been developed and all quarterly meetings have been scheduled. Meetings continue to be held virtually in response to the Covid-19 pandemic. A review of the Framework to align it to the current CIPC operational and structural setup is in progress. The Delegation of Authority Framework is under review. The review process has been significantly delayed owing to unforeseen operational issues and aggravated by capacity challenges within the Division.

UP TO DATE NEW

REQUIRING CONSULTATION WITH OL 15 (1 currently in consultation)

POLICIES

HR

16 10

4 1 4 2 1 3 2

11

1 1 0 0 0 2 0 4

BISG

8 5 3 0 4 0

0 0 2 0

Finance

9 5 1 9 2

Facilities and Security Client Engagement

GRC

2 (2 currently in consultation)

Strategy TOTAL

0

52

17

31

19

Three policies, namely, the Ethics Policy, Declaration of Interest Policy and Voluntary Severance Policy have been tabled for consideration by organised labour. Seventeen (17) policies are due for review in the reporting period. The date of approval for ten policies could not be established hence reflected as due. A standard to provide a consistent approach towards the policy development, review and approval process from a

governance perspective was approved by EXCO in February 2021. In accordance with this document, the following shall apply: • All policies shall be reviewed every three years or whenever changes are made to legislation, processes and procedures. • Where the policy is part of the terms and conditions of the employee’s service contract and such changes in the policy influence the remuneration and/or benefits of an

COMPANIES AND INTELLECTUAL PROPERTY COMMISSION I Annual Report 2020/21

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