Botswana

General Information

• Capital: Gaborone
• Population: 1.5 million
• Area: 581 730 km2
• Languages: English, Tswana - official languages.
• Exports: Diamonds; copper; nickel; beef.
• Imports: Foodstuffs; vehicles and transport equipment; textiles; petroleum products.
• Currency: Pula

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Berne Union.

Requirements for Application

(a) Power of attorney, simply signed
(b) Six prints of the trade mark - device marks.

Classification

International classification of goods and services. A single application may cover more than one class.

Procedure

Examination as to formal requirements. Thereafter the application is examined to determine inherent registrability and conflict with prior registrations or pending applications.

Opposition

Opposition may be lodged within three months following advertisement of the trade mark application.

Use

A cancellation action may be brought when a registered mark has not been used for a continuous period of three years preceding one month before the date of the request for cancellation.

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and thereafter, renewable for like periods.

Licensing/Registered Users

Licensing is recognised. Recordation of the license agreement is required to be legally binding.

Licensing agreement must provide for quality control by the licensor. 

Requirements

(a) License agreement;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the licensee;

Assignments

Assignments are possible and may be made with or without goodwill. Recordation is required.

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend “Registered Trade Mark” or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Many, if not most, United Nations members have adopted the UN recommendations for the labelling and packing of hazardous materials in a standardised manner and style. Exporters to Botswana should ascertain from the importers in that nation whether or not Botswana is currently adhering to these requirements and if so, how they should conform in order that the goods in question will be importable. In addition, shippers must take into consideration any special Botswana requirements in this regard. (Importers should be solicited regarding such requirements on an item-by-item basis for the latest information and technically up-to-date instructions.)

Patents

General

Patent protection is available via a national filing. Botswana is a member of the International Convention, WTO and of ARIPO, and became a member of the PCT on 30 October 2003.

Patentable Subject Matter

To be patentable, an invention must be new, industrially applicable and involve an inventive step. Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. It is believed that non-surgical methods of treatment are patentable.

Filing Requirements

Neither legalization nor notarisation of any of the documents is required. A specification in English is required

Novelty

Absolute Novelty is required. However, a grace period of twelve months immediately preceding the filing date or priority date is provided, where disclosure of the invention was made by the inventor or by a third party which obtained the information from the inventor.

Examination

A Botswana application is initially subjected to formal examination and substantive examination is usually carried out by ARIPO examiners. The Registrar usually requires submission of documents relating to corresponding foreign applications.

Duration/Maintenance

The term of a patent is twenty years from filing subject to payment of maintenance fees annually as from the first anniversary of the filing date. A six month grace period is provided. Restoration is not possible.

Working

At any time after the expiration of three years from the date of grant of a patent or four years from the filing date of the patent application, whichever is the later, the high Court may grant a compulsory licence on the ground that a market for the patented invention is not being supplied, or is not being supplied on reasonable terms, in Botswana.

Licences/Assignments

Licences and Assignments must be registered to be effective.