A.48
Invalidation of
registered
layout design
Duration of
protection
Importation by
persons other
than owner
(3) The holder of the right may not exercise his or her right in respect
of an identical original layout design that was independently created by
a third party.
(4) Any person who acquires an integrated circuit or article
incorporating an unlawfully reproduced layout design and does not know
and has no reasonable grounds to know when acquiring that integrated
design or article that it incorporated an unlawfully reproduced layout
design shall, upon receiving sufficient notice that the layout design or
article he or she has received was unlawfully reproduced, perform any
of the acts under section 69 (2) with respect to the stock on hand or
ordered before receiving such notice, but shall be liable to pay to the
right holder compensation equivalent to a reasonable royalty payable
under a freely negotiated licence in respect of such a layout design.
71. (1) Subject to the provisions of this Act, the Registrar or the
High Court may, on the application of any interested person, invalidate
the registration of a layout design on any of the following grounds —
(a) that the layout design is not original in terms of section 65;
(b) that the applicant for registration was not the owner;
(c) where the layout design has been commercially exploited, that such
exploitation occurred more than two years before the filing date
accorded to the layout design; or
(d) on any ground on which the Registrar could have refused to register
the layout design.
(2) Where the grounds of invalidation are established only to a part
of the layout design, only that part shall be invalidated.
(3) An application for the invalidation of a layout design shall be
served on the person in whose name it is registered and, where applicable,
lodged with the Court in the manner and within the time prescribed.
(4) Where a layout design is invalidated or transferred to its rightful
owner, the Registrar shall, within such time as may be prescribed, publish
a reference thereto in the Journal and the invalidated layout design or
any part thereof shall be null and void from the date of commencement
of its protection.
72. A layout design for an integrated circuit shall be protected for 10
years from the date of filing of the application for registration or from
the first commercial exploitation wherever it occurs in the world,
provided that protection shall in all cases lapse 15 years after the creation
of the layout design.
73. (1) Any person, other than the owner of a layout design, may
apply to the Minister to import any product covered by the integrated
circuit of a layout design where —
(a) the product covered by the integrated circuit of a layout design is
available in a quantity that is not sufficient to meet the local demand in
Botswana, or is available at an unreasonable low quality, or at prices
which the Minister deems abusive; or
(b) for any other reason of public interest.