Industrial Designs Law in Botswana
Industrial Designs Law in Botswana is governed by the Industrial Designs Act, 2000, which provides the legal framework for the registration, protection, and enforcement of industrial designs in the country.
Key Features of Industrial Designs Law in Botswana
1. Definition
An industrial design protects the appearance of a product or a part of a product, resulting from features such as lines, contours, colors, shape, texture, or materials.
2. Eligibility
To qualify for protection, the design must be new and have individual character (i.e., it should not be identical or too similar to any design previously made available to the public).
📄 Registration Process
Application Submission
Applications are filed with the Registrar of Industrial Designs, which is part of the Companies and Intellectual Property Authority (CIPA).
The application should include:
A clear representation of the design (drawings, photographs, or other representations).
Information about the applicant and the creator.
Examination
The Registrar conducts a formal examination to ensure compliance with procedural requirements.
There is no substantive examination regarding novelty before registration.
Publication
Registered designs are published in the Industrial Designs Journal to notify the public.
Registration
Upon successful application, a certificate of registration is issued.
⏳ Duration of Protection
Initial protection is granted for 5 years from the filing date.
Protection can be renewed for up to two additional periods of 5 years each, totaling a maximum of 15 years of protection.
⚖️ Rights Conferred
The owner has the exclusive right to use the design and prevent others from making, selling, or importing products bearing the design without permission.
🌍 International Treaties
Botswana is a member of the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement.
Botswana is also a member of the African Regional Intellectual Property Organization (ARIPO), which provides a regional system for industrial design registration and protection.
🛡️ Enforcement
Industrial design rights can be enforced through Botswana’s courts.
Remedies include injunctions, damages, and seizure of infringing goods.
✅ Summary
Botswana’s Industrial Designs Act, 2000 governs design registration and protection administered by CIPA.
Protection lasts up to 15 years (initial 5 years plus two renewals).
Registration involves formal examination and publication.
Botswana participates in international treaties such as the Paris Convention, TRIPS, and ARIPO.
Enforcement is available through national courts with typical IP remedies.
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