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(b) it has been subjected to reasonable steps, under the circumstances,
to preserve it from disclosure; and
(c) it has commercial value because it is secret.
PART XII – Traditional Knowledge and Handicrafts
115. (1) Traditional knowledge shall be registered together with a
description of such knowledge where —
(a) it has not been disclosed to the public through any means; or
(b) if it has been disclosed, such disclosure has not led to any commercial
or industrial exploitation in Botswana.
(2) A description shall disclose traditional knowledge in a manner
which is sufficiently clear and complete to permit any third party to
reproduce or utilize the traditional knowledge to obtain results similar
or identical to those obtained by the holder of such traditional knowledge.
(3) Any element of traditional knowledge may be registered
separately or individually in conformity with its technical characteristics
without prejudice to its holistic nature, or as a whole in its integrity
combining, if necessary, all elements of traditional knowledge into a
single registration.
116. (1) A local traditional practitioner, a representative of any local
community or any individual may apply to register traditional knowledge.
(2) When making an application for registration of traditional
knowledge, an applicant may opt to keep all or parts of the elements of
traditional knowledge under secrecy.
(3) Where two or more local communities that occupy the same
territory have created and are in possession of identical or similar
elements of traditional knowledge, they may register those elements
individually, on behalf of each community.
117. (1) Ownership and other rights to traditional knowledge shall
belong to the owner of the traditional knowledge.
(2) Where traditional knowledge is collectively owned, rights over
it shall be exercised and enjoyed collectively in accordance with cultural
practices.
(3) Notwithstanding subsection (2), local communities which have
registered individually for similar or identical elements of traditional
knowledge shall have the option to exercise and enjoy their rights over
the traditional knowledge individually.
(4) An applicant community which comprises of individuals from
different countries including Botswana, shall have the right to register
and acquire rights over traditional knowledge in Botswana and in the
other countries.
118. The Registrar shall cause to be published in the Journal notice
of registration of traditional knowledge which shall contain —
(a) a summary of the registered traditional knowledge, where available;
Registration
of traditional
knowledge
Who may
register
traditional
knowledge
Rights
conferred by
traditional
knowledge
Notification
of registration
of traditional
knowledge