INTELLECTUAL PROPERTY RIGHTS IN BOTSWANA
First Renewal Term
Subsequent Renewal Term
Botswana is a member of the African Regional Industrial Property Organization (ARIPO) and a signatory to the Banjul Protocol.
A trademark application can be filed either directly through the local trademark office of Botswana (Ministry of Trade and Industry (MTI) of Botswana) or ARIPO.
Botswana is also a member of the Madrid Protocol; thus, the extension of international registration of a trademark via the Madrid System is possible for the country and its applicants.
The country has a multi-class trademark filing system.
The 10th edition of Nice Classification is accepted by the trademark office.
The interested third parties may file opposition actions against a trademark application within three (03) months following its publication date in the Official Gazette.
The registered trademarks have a validity of ten (10) years from the date of application in Botswana, which can be further renewed indefinitely for periods of ten (10) years.
Botswana is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and ARIPO.
The Industrial Property Act, 2010 deals with the mechanism of patent protection.
Process Patent and Product Patent are the two types of patents that can be protected in Botswana.
In Botswana, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Botswana include Non-Convention Application, Convention Application, PCT National Phase Application, and Divisional Application.
Utility Model Protection is available under the patent law.
The time-period for the PCT National Phase Filing is thirty-one (31) months.
Opposition against a patent application can be raised in Botswana.
The patent of invention lasts for twenty (20) years in Botswana.
The time frame for payment of Annuities before the due date is six (06) months.
Botswana is a member of the Paris Convention, ARIPO, and Hague Agreement.
The Industrial Property Act No. 8 of 24th April 2010 deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Botswana include Non-Convention Application and Convention Application.
An industrial design application in Botswana may be in respect of two or more designs only if the designs relate to the same set or composition of articles or the same class of International Classification.
Utility model protection isn't provided under industrial design protection in Botswana.
The total duration of an industrial design registration is fifteen (15) years from the date of application. The initial term of registration is five (05) years, which is further extendible for two terms of (05) five years each upon payment of the renewal fee.
There is a grace period of six (06) months to renew an industrial design in Botswana.
Botswana is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
In Botswana, the Copyright and Neighboring Rights Act (CAP 68:02) deals with the mechanism of copyright protection.
Copyright protection exists upon the creation of a literary or artistic work, and the creator doesn't need to register the work to enjoy copyright protection.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.