A.71
(a) a patent has been granted to him or her or to any other person in
respect of any invention;
(b) he or she or any other person is the owner of any registered design,
mark, collective mark or trade name; or
(c) he or she has been granted an exclusive or compulsory licence to
use any patent, registered design, registered mark or collective
mark or trade name,
which statement or representation is intended to induce another person
to act thereon, commits an offence and shall, on conviction, be sentenced
to a fine of not less than P2 000 but not more than P5 000, or to
imprisonment for a term of not less than six months but not more than
two years, or to both.
(4) Subject to the provisions of sections 25 (1), 31, 32, 33, 55 (4), 81 (2)
and 111 (2), the performance of any act referred to in sections 25, 55, 81 and
111 by a person other than the owner of the title of protection and without the
agreement of such owner shall constitute an infringement.
(5) The court may, on the application to it by the owner of the title of
protection, or by a licensee if he or she has requested the owner to institute
court proceedings for a specific relief and the owner has refused or failed to
do so, grant an interdict to prevent an infringement or unlawful act referred
to in sections 93 (3), 111 (2) and 114 (2).
(6) Any person who intentionally or wilfully performs any act which
constitutes an infringement as defined in subsection (4) of this section, or
an unlawful act as defined in sections 93 (3), 111(2) and 114 (2) commits an
offence and shall be sentenced, on conviction, to a fine of not less than P2 000
but not more than P5 000, or to imprisonment for a term of not less than six
months but not more than two years, or to both.
(7) Any person who commits an offence or unlawful act for which no
specific penalty has been specified shall be sentenced to a fine of not less
than P2 000 but not more than P5 000, or to imprisonment for a term of not
less than six months but not more than two years, or to both.
135. A person aggrieved by any decision made under this Act may
appeal —
(a) to the Minister in the manner prescribed, and within the time
prescribed, if he or she is aggrieved by a decision of the Registrar;
(b) to the High Court against the decision of the Minister, within such
time as may be prescribed; or
(c) directly to the High Court, as specified, against the decision of the
Registrar or the Minister.
136. The provisions of any international treaty in respect of industrial
property and any related rights to which the Republic of Botswana is a
party shall apply to matters dealt with under this Act, subject to any
reservations which the Republic of Botswana has made in relation to
those treaties.
Appeals
Application of
international
treaties