A.61
(7) Where the mark under the international registration had not become
protected in Botswana on or before the date on which the international
registration was cancelled, any procedures already undertaken by the Office
in respect of the international registration on or before the date on which
an application under subsection (1) is filed, shall be —
(a) considered as having been undertaken for the purposes of the
application under subsection (1); and
(b) deemed to have as its application date the date of the cancelled
international registration or, where applicable, the date of recording of
the territorial extension to Botswana, and shall enjoy any priority
enjoyed by the cancelled international registration.
PART X – Geographical Indications
105. Except as provided under the provisions of this Part, the
provisions of Part VIII shall, with the necessary modifications, apply to
geographical indications and their registration.
106. (1) The exclusive right to a geographical indication under this
Act shall be acquired by registration in accordance with the provisions
under this Part.
(2) A geographical indication shall not be registered if it is —
(a) incapable of distinguishing goods originating from a particular territory,
region or locality or does not possess characteristics attributed to that
territory, region or locality in which those goods come from;
(b) contrary to public order or morality;
(c) likely to mislead the public or those in the trade, as regards the
geographical origin of the goods concerned, or their nature or
characteristics;
(d) in respect to goods, identical with the term usually used in common
language as the common name for such goods in Botswana; or
(e) not protected, has ceased to be protected or has fallen into disuse in its
country of origin.
107. (1) An application for the registration of a geographical indication,
accompanied by such fees as may be prescribed, shall be made to the
Registrar in the prescribed manner and shall contain the following —
(a) a request, in writing, that the geographical indication be registered;
(b) the geographical indication for which registration is sought;
(c) a specification containing —
(i) the name of the products to which the geographical indication
applies,
(ii) a description of the product, including its raw materials, if
appropriate, and principal physical, chemical, microbiological
or organoleptic characteristics,
(iii) the definition of the geographical area from which the
designated product originates,
Applicability
of provisions
relating to
marks
Acquisition of
exclusive
right to
geographical
indication
Application
for
registration of
geographical
indication