Companies_and_Intellectual_Property_Commission

Companies and Intellectual Property Commission

Companies and Intellectual Property Commission

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The Companies and Intellectual Property Commission (CIPC) is an agency of the Department of Trade, Industry and Competition in South Africa.[1] The CIPC was established by the Companies Act, 2008 (Act No. 71 of 2008)[2] as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.

Quick Facts Agency overview, Jurisdiction ...

History

When the 2008 Companies Act came into effect on 1 May 2011, the CIPC was created from the merger of Companies and Intellectual Property Registration Office (CIPRO) and the Office of Company and Intellectual Property Enforcement (OCIPE).[3]

The first months of operation were marked by inefficiency, poor service and large backlogs as the organisation struggled to overcome the legacy of its dysfunctional predecessor, CIPRO.[4]

In April 2013 it was described as "groaning under its own burden of registration under the Companies Act"[5] and suffering from "administrative failures".[6]

In September 2014 the CIPC's new website, intended to automate several routine administrative processes, was criticised as dysfunctional,[7] followed by revelations that the site had no security measures to protect confidential client information.[8]

Functions

The CIPC is responsible for the following functions:[9]

  • Registration of Companies, Co-operatives and Intellectual Property Rights (trademarks, patents, designs and copyright) and maintenance thereof
  • To disclose Information on its business registers
  • To promote education and awareness of Company and Intellectual Property Law[citation needed]
  • To promote compliance with relevant legislation
  • Efficiently and effectively enforce relevant legislation
  • Monitor compliance with, and contraventions of financial reporting standards, and make recommendations thereto to the Financial Reporting Standards Council (FRSC)
  • Licensing of Business rescue practitioners
  • Report, research and advise the Minister on matters of national policy relating to company and intellectual property law.
  • Mandates iXBRL format to drive the digital financial reporting.[10]

References

  1. [1]
    "Companies and Intellectual Property Commission". Thedti.gov.za. Retrieved 23 August 2017.
  2. [2]
    "COMPANIES ACT 71 OF 2008" (PDF). justice.gov.za.
  3. [3]
    "Services - Company Secretarial". SumTotal.co.za. Retrieved 23 August 2017.
  4. [4]
    Terblanche, Barrie (2 September 2011). "Haunted by Cipro's ghost". The M&G Online. Retrieved 24 August 2017.
  5. [5]
    Vegter, Ivo (30 April 2013). "Business Licensing Bill: An indefensible defence | Daily Maverick". www.dailymaverick.co.za. Retrieved 24 August 2017.
  6. [6]
    Vegter, Ivo (16 April 2013). "The Big Business Bribery Bill | Daily Maverick". www.dailymaverick.co.za. Retrieved 24 August 2017.
  7. [7]
    Pikoli, Phumlani (30 September 2014). "New CIPC website under fire". Eywitness News. Retrieved 24 August 2017.
  8. [8]
    "New CIPC website exposes private information: complaint". Mybroadband.co.za. 8 October 2014. Retrieved 24 August 2017.
  9. [9]
    "Companies and Intellectual Property Commission (CIPC): eServices". Eservices.cipc.co.za. Retrieved 23 August 2017.
  10. [10]
    CIPC. "The CIPC pioneered digital financial reporting in South Africa". CFO South Africa. CFO South Africa. Retrieved 24 May 2021.
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