A.21
PART XIII – Miscellaneous Provisions
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.
Changes in ownership
Licence contract
Agents
Correction of errors
Exercise of discretionary powers
Extension of time for applications
Offences and penalties
Appeals
Application of international treaties
Regulations
Repeal of Cap. 68:03
Savings
Act to bind State
An Act to provide for the protection of industrial property in
Botswana, giving effect to various international conventions, treaties
and protocols to which Botswana is a party and for matters related
thereto.
Date of Assent: 26/04/2010
Date of Commencement: ON NOTICE
ENACTED by the Parliament of Botswana.
PART I – Preliminary
1. This Act may be cited as the Industrial Property Act, 2010 and
shall come into operation on such date as the Minister may, by Order
published in the Gazette, appoint.
2. In this Act, unless the context otherwise requires —
“ARIPO” means the African Regional Intellectual Property Organization;
“Banjul Protocol” means the Banjul Protocol on Marks of 27th April,
1994 as last revised or amended;
“basic application” means an application for registration of a mark filed
with the Office under section 76;
“basic registration” means the registration of a mark under section 80;
“Budapest Treaty” means the Budapest Treaty of 28 April, 1977 as last
revised or amended including the Regulations, on the international
recognition of the deposit of micro-organisms for the purposes of
patent procedure;
“collective mark” means any visible sign belonging to a collective owner
and capable of distinguishing the origin or other common
characteristic, including the quality, of goods or services of different
enterprises which use the sign subject to the control of that owner;
Short title and
commencement
Interpretation