Intellectual Property Laws at Botswana
Botswana has established a comprehensive legal framework to protect intellectual property (IP) rights, fostering innovation and creativity. Here's an overview of the key IP laws and their provisions:
🏛️ Key Intellectual Property Laws in Botswana
1. **Industrial Property Act (Cap. 68:03)**This Act governs the protection of industrial property rights in Botswana. It covers-
Patents: Protection for inventions that are novel, involve an inventive step, and are industrially applicable
Trademarks: Registration of signs capable of distinguishing goods or services
Utility Models: Protection for new and useful devices or tools
Industrial Designs: Protection for the aesthetic aspect of an article
Geographical Indications: Protection for products originating from a specific place with qualities or reputation due to that origin
Traditional Knowledge and Handicrafts: Recognition and protection of indigenous knowledge and crafts
Layout Designs of Integrated Circuits: Protection for the three-dimensional configurations of electronic circuits, The Act also facilitates Botswana's participation in international treaties such as the Paris Convention and the Patent Cooperation Treaty (PCT)
2. **Copyright and Neighbouring Rights Act (Cap. 68:02)**This Act provides protection for the rights of authors, artists, and creators over their literary and artistic works Protection is automatic upon creation and does not require registration, The Act covers
Literary Works: Books, articles, computer programs, etc
Dramatic and Musical Works: Plays, dances, musical compositions, etc
Artistic Works: Paintings, sculptures, photographs, etc
Audiovisual Works: Films, videos, etc
Performers' Rights: Rights of actors, musicians, and other performers
Producers' Rights: Rights of producers of sound recordings
Broadcasting Rights: Rights of broadcasters over their transmissions The term of protection varies depending on the type of work, with the general duration being the life of the author plus 50 years
🏢 Administrative Authority
The Companies and Intellectual Property Authority (CIPA) is the government agency responsible for administering IP rights in Botswana. CIPA oversees the registration and protection of patents, trademarks, industrial designs, and copyright. It also manages the registration of business names and companies.
🌍 International Treaties
Botswana is a member of several international treaties that facilitate the protection of IP righs:
*Paris Convention for the Protection of Industrial Property: Provides a union for the protection of industrial property rights among member countries.
**Patent Cooperation Treaty (PCT)*: Allows applicants to file a single international patent application to seek protection in multiple countries.
*Madrid Protocol: Enables the registration of trademarks in multiple countries through a single application.
*Hague Agreement: Facilitates the international registration of industrial designs.
*Berne Convention: Ensures that authors and creators are granted protection for their works in all member countries.
These treaties enhance the protection of Botswana's IP rights internationally.
📌 Additional Information
*E-Filing System: CIPA is transitioning to an upgraded online business registration system (OBRS), which will be offline from March 11–18, 2025, for migration. Applicants are advised to complete all applications before March 10, 225.
*National Intellectual Property Policy: Launched in November 2022, this policy aims to harness IP for economic transformation by improving governance, facilitating access to financing, promoting awareness, and developing entrepreneurship capacities.
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