A.43
52. The right to a design may be transferred by cession, assignment,
testamentary disposition or by operation of law.
53. (1) The registration of a design confers on its registered owner
the right to prevent third parties not having the owner’s consent from
exploiting the design in Botswana, and in particular, from making,
importing or selling any article bearing or embodying the registered
design or a design not substantially different from the registered design.
(2) For the purposes of this section, exploitation of a registered design
means the doing of any act specified in subsection (1).
54. (1) The exclusive rights conferred by registration of a design
shall not extend to the acts specified in section 25 (1), paragraphs (a),
(b), (c), (i) and (j).
(2) The exclusive rights in a registered design shall not extend to the
parts or features of the design that are dictated solely by functional or
technical considerations however in the determination, the degree of
freedom of the designer in developing the design, shall be taken into
consideration.
(3) The exclusive rights in a registered design shall not extend to
features of appearance of a product which must necessarily be reproduced
in the exact form and dimensions in order to permit the product in which
the design is embodied, or to which it is applied, to be mechanically
connected to or placed in, around or against another product so that
each product may perform its function.
(4) The exclusive rights in a registered design shall not extend to
features of appearance of a product which must necessarily be reproduced
in the exact form and dimensions in order to match the overall aspect
and appearance of the product in which the design is embodied or to
which it is applied.
(5) The rights of an owner of a registered design shall not extend to
acts in respect of which articles have been put on the market in Botswana
or abroad by the owner, or with his or her consent.
55. (1) An owner of a registered design 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 performing, without the owner’s
consent or authorisation, any of the acts referred to in section 53, or who
performs acts which make it likely that infringement will occur.
(2) In any proceedings under this section, the court may grant relief
by way of damages, interdict, delivery up or destruction of any infringing
product, article or product of which the infringing product forms an
inseparable part, or account of profits derived from the infringement or
otherwise as it may consider necessary.
(3) The court shall not, in awarding damages under this section, also
order, in respect of the same infringement, that the plaintiff be given an
account of the profits derived by him or her from the infringement.
Transfer of
right to design
Rights
conferred by
registration
Exceptions to
rights
conferred by
registration
Proceedings
for
infringement
of industrial
design