A.44
Duration and
renewal of
registered
design
HARARE
Protocol
Designs
Inspection of
registered
design
Invalidation of
registration of
design
(4) In any proceedings under this section, the court shall have
jurisdiction to order the revocation of the registration of a design on any
of the grounds specified in section 59, and any such grounds may be
relied upon by way of defence.
56. (1) The registration in respect of a design shall expire five years
after the filing date of the application for its registration, but may, upon
payment of such renewal fee as may be prescribed, be renewed for two
further consecutive periods of five years each.
(2) Where the owner of the design is late in paying the renewal fee,
the Registrar shall, upon payment by the owner of a surcharge that may
be prescribed, give a grace period of six months within which the owner
must pay the late renewal fee.
57. An industrial design in respect of which Botswana is a designated
State, registered by ARIPO under the HARARE Protocol, shall have
the same effect in Botswana as an industrial design registered under
this Act unless the Registrar communicates, to ARIPO, in respect of the
registered design, a decision, in accordance with the provisions of the
Protocol, that an industrial design registered by ARIPO, shall have no
effect in Botswana.
58. (1) Subject to the provisions of section 46 (5), the representations,
specimens and drawings of a registered design, including all documents
lodged in relation thereto shall, upon payment of such fees as may be
prescribed, be open to inspection by any person on and after the day on
which the certificate of registration is issued, however the right of
inspection shall not include the right to make a copy of any such
representation, drawing or document by mechanical means.
(2) Any person may, upon payment of such fees as may be prescribed,
obtain, from the Registrar, a copy of the representations, drawings or
documents.
(3) Where an application for the registration of a design has been
abandoned or refused, the representations, drawings or other documents
shall not, at any time, be open for inspection, but shall, after the expiration
of 12 months from the date of application for registration, be returned
to the applicant if he or she requests that they be so returned.
59. (1) Subject to the provisions of this Act, the Registrar or the
High Court may, on the application of any interested person, invalidate
the registration of a design, either wholly or in part, in respect of any
particular article in connection with which the design is registered on
any of the following grounds —
(a) that the design was not new;
(b) that the applicant for registration was not the owner;
(c) that the application was made with the intention of defrauding
the owner of the design; or
(d) that any grounds on which the Registrar could have refused to
register the design has come to light.