A.45
(2) Where an application for the invalidation of a design is made to
the High Court, it shall be served on the person in whose name the
design is registered and lodged with the Court in the manner and within
the time prescribed.
(3) Where subsection (2) applies, the Master shall notify the Registrar
of any decision of the Court to invalidate a design and the Registrar
shall, within such time as may be prescribed, publish a reference thereto
in the Journal.
PART VI – International Registration under the Hague Agreement
60. (1) Where the Registrar finds that a design that is the subject of
an international registration designating Botswana does not satisfy the
requirements for protection under this Act, the Registrar shall notify,
within 6 months, a refusal of protection to the International Bureau in
accordance with the relevant provisions of the 1999 Act and the Common
Regulations.
(2) Where a design is refused under subsection (1), the holder of the
international registration concerned shall enjoy the same remedies as if
the design had been the subject of an application for registration filed
directly in Botswana.
61. (1) An international registration of an industrial design that
contains a designation of Botswana shall have the same effects, as from
the date of the international registration, as an application for registration
filed with the Registrar in Botswana under this Act.
(2) If no refusal has been notified by the Registrar to the International
Bureau in terms of section 60, or if a refusal was notified but subsequently
withdrawn, the international registration shall have the same effect, from
the date of the international registration, as if the registration of the
industrial design has been granted directly by the Registrar in Botswana
under this Act.
62. Where the effect of an international registration is invalidated in
Botswana, in part or in whole, and the invalidation is no longer subject
to appeal, the Registrar shall, to the extent that he or she is aware of the
decision of invalidation, notify the International Bureau in accordance
with the relevant provisions of the 1999 Act and the Common
Regulations.
63. Any recording made in the International Register in respect of
an international registration, and affecting Botswana as a designated
Contracting Party, shall have the same effects as if it had been made in
the register of industrial designs of Botswana.
Examination
and refusal of
protection,
etc.
Effects of an
international
registration
Invalidation
of
internationally
registered
design
Recordings in
the
International
Register