A.33
(d) use by a farmer in the harvest of a farm produce for propagation
or multiplication by the farmer on the farmer’s holding, where
there has been a sale of plant propagating material to the farmer
by the patentee or with the patentee’s consent for agricultural use;
(e) use of an animal or animal reproductive material by a farmer for
an agricultural purpose following a sale to the farmer, by the
patentee or with the patentee’s consent, of breeding stock or other
animal reproductive material which constitutes or contains the
patented invention;
(f) an act done in respect of the patented invention for purposes of compliance
with regulatory marketing approval procedures for pharmaceutical,
veterinary, agrochemical or other products subjected to such procedures;
(g) the extemporaneous preparation in a pharmacy of a medicine for
an individual in accordance with a prescription given by a medical
or dental practitioner, and the use of a medicine so prepared;
(h) acts performed by any person who in good faith, before the filing
date or, where priority is claimed, the priority date of the
application on which the patent is granted and in Botswana, was
using the invention or was making effective and serious preparations
for such use;
(i) acts done solely for academic, scientific research, educational or teaching
purposes; or
(j) acts done for private non-commercial purposes.
(2) An economic tie referred to in subsection 1 (a), exists where one
person may exercise, directly or indirectly, on the other a decisive
influence with respect to the exploitation of the invention, or where a
third party may exercise such an influence on both persons.
(3) The right of prior user referred to in subsection 1 (h) may be
transferred or may devolve only together with the enterprise or business,
or with that part of the enterprise or business, in which the use of
preparations for use have been made.
26. The right to a patent may be transferred by cession, assignment,
testamentary disposition or by operation of patent law.
27. (1) The patentee shall, in addition to any other rights, remedies
or actions available to him or her, have the right to institute court
proceedings against any person who infringes the patent by performing,
without such patentee’s consent or authorization, any of the acts referred
to in section 24 (2), or who performs any act which makes it likely that
infringement will occur.
(2) The patentee in proceedings for infringement shall be entitled to
relief by way of the following —
(a) an interdict or injunction;
(b) delivery up or destruction of any infringing product, article or product
of which the infringing product forms an inseparable part;
(c) damages; or
(d) an account of the profits derived from the infringement.
Transfer of
rights to
patent
Proceedings
for
infringement
of patent