Intellectual Property Laws at Lesotho
Lesotho has a developing intellectual property (IP) framework that aligns with international standards, including the TRIPS Agreement. Here's an overview of Lesotho's IP laws, enforcement mechanisms, and recent developments:
🏛️ Key IP Laws and Regulations
1. Industrial Property Order, 1989 (Order No. 5 of 1989)
Scope: Covers patents, utility models, industrial designs, trademarks, trade names, and competition
Patent Protection: Inventions must be novel, involve an inventive step, and be capable of industrial application The patent term is 15 years from the application date
Employee Inventions: Inventions made in the course of employment typically belong to the employer unless otherwise agreed
Exploitation Rights: Unauthorized exploitation of a patented invention is prohibited, with provisions for compulsory licensing in the public interest
2. Copyright Order, 1989 (Order No. 13 of 1989)
Scope: Protects literary, artistic, and scientific works, including expressions of folklore, performers, producers of phonograms, and broadcasting organizations
Protection Criteria: Automatic upon creation; no registration required
Duration: Life of the author plus 50 years
International Treaties: Lesotho is a signatory to the Berne Convention, ensuring reciprocal protection for foreign works
3. Industrial Property Regulations, 1989 (Legal Notice No. 85 of 1989)
Implementation: Provides detailed procedures for the registration and administration of industrial property rights, including patents and trademarks
🛡️ Enforcement and Administration
Registrar General’s Office Under the Ministry of Law and Constitutional Affairs, responsible for administering industrial property right.
Ministry of Trade, Industry, Business Development, and Tourism Oversees copyright enforcement.
Lesotho Customs Plays a role in preventing the importation of counterfeit good.
Penal Code Act, 2010 Provides legal provisions for the enforcement of IP right.
🌐 International Agreements
Lesotho is a member of several key international IP treaties:
*Paris Convention: For the protection of industrial property.
*Berne Convention: For the protection of literary and artistic wors.
**Patent Cooperation Treaty (PCT)*: Facilitates international patent filings.
*Marrakesh Treaty: To facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled.
🔄 Recent Developments
**National Intellectual Property Policy and Strategy (NIPPS)*: Laesotho is developing a comprehensive IP policy with assistance from the World Intellectual Property Organization (WIPO). The policy aims to strengthen IP protection and support economic development.
*Automated IP System: WIPO has deployed a cloud-based automated system for IP administration at the Registrar General’s office, enhancing efficiency and enabling the processing of international trademark applications using the Madrid System
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