Geographical Indications Law in Botswana
Botswana's legal framework for the protection of Geographical Indications (GIs) is primarily governed by the Industrial Property Act, 2010 (Act No. 14 of 2010). This Act provides a comprehensive system for the registration and enforcement of GIs, aligning with international standards and practices.
🇧🇼 Key Features of Botswana's GI Legal Framework
1. Definition of Geographical Indication
A Geographical Indication in Botswana is defined as an indication that identifies goods as originating from a specific place where a given quality, reputation, or other characteristic of the goods is essentially attributable to their geographical origin.
2. Registration Process
Filing an Application: Applicants must complete Form 17 and submit it along with a cover letter to the Registrar. Foreign applicants are required to appoint a local agent who is an attorney enrolled to practice in Botswana.
Examination: The Registrar examines the application to ensure compliance with the Industrial Property Act.
Publication: If the application is accepted, the GI is published in the official journal for a period of three months.)
Opposition: During the publication period, third parties may file oppositions. If no opposition is filed, the GI proceeds to registration.
Registration: Upon successful examination and absence of opposition, the GI is registered, and a certificate of registration is issued.
3. Rights Conferred by Registration
The registration of a GI confers upon the owner the exclusive right to use the indication to identify goods that originate from the specified geographical area and possess the qualities, reputation, or characteristics attributable to that origin. Unauthorized use of the registered GI is prohibited.
4. Enforcement and Protection
The Industrial Property Act provides legal means for interested parties to prevent
The use of any means in the designation or presentation of a good that indicates or suggests that the good originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good
Any use which constitutes an act of unfair competition.
The registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the trademark is of such a nature as to mislead the public as to the true place of origin.
These provisions ensure that GIs are protected against misuse and misrepresentation.
5. International Considerations
Botswana is a member of the African Regional Intellectual Property Organization (ARIPO) and has adopted the Banjul Protocol for the protection of GIs. This allows for the registration of GIs through a regional system, providing broader protection across member states.
📌 Additional Resources
For more detailed information or to initiate a GI application in Botswana, you may consult the following resources:
Companies and Intellectual Property Authority (CIPA): The official body responsible for the registration and protection of GIs in Botswana. Their website provides guidelines, forms, and contact information for applicants.
WIPO Lex – Industrial Property Act, 2010: The full text of the Industrial Property Act, which outlines the legal framework for the protection of GIs and other industrial property rights in Botswana.
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