A.49
(2) The Minister may, after hearing the owner of the layout design
and any other interested person wishing to be heard, authorise the
importation of any product covered by the layout design.
(3) The authorisation to import any products covered by the layout
design shall be predominantly for the supply of the domestic market in
Botswana.
(4) Upon the request of the owner of the layout design or of any
person authorised by the Minister to import the layout design, the
Minister may, after hearing the parties, vary the terms of the decision
authorising the importation of the layout design to the extent that those
changed circumstances justify.
(5) Upon the request of the owner of the layout design, the Minister
shall revoke his or her decision if he or she is satisfied, after hearing the
parties wishing to be heard, that the circumstances which led to the
Minister’s decision have ceased to exist and are unlikely to recur, or
that the person authorised by the Minister has failed to comply with the
terms of the authorisation.
(6) Notwithstanding the provisions of subsection (5), the Minister
shall not terminate the authorisation if he or she is satisfied that the
need for the adequate protection of the legitimate interest of the person
designated by him or her justifies the maintenance of his or her decision.
(7) The authorisation to import products under a layout design shall
not exclude —
(a) the conclusion of licence contracts by the owner of the design; or
(b) the continued exercise, by the owner of the design, of his or her
rights under section 69.
(8) An application for the Minister’s authorisation to import products
under a layout design shall be accompanied by evidence that the owner
of the layout design has received, from the person seeking that
authorisation, a request for a contractual licence, but that person has
been unable, within a reasonable time, to obtain such a licence on
reasonable commercial terms and conditions.
(9) Any person aggrieved by the decision of the Minister may appeal
to the High Court against that decision.
PART VIII – Marks, Collective Marks and Trade Names
74. (1) The exclusive right to a mark under this Act shall be acquired
by registration in accordance with the provisions under this Part.
(2) A mark shall not be registered if it is —
(a) incapable of distinguishing the goods or services of one enterprise
or business from those of another enterprise or business;
(b) contrary to public order or morality;
(c) likely to mislead the public or trade circles, in particular as regards
the geographical origin of the goods or services concerned, or
their nature or characteristics;
Acquisition of
exclusive
right to mark