A.66
Invalidation of
registration of
traditional
knowledge
Expiry of
protection of
traditional
knowledge
Specific rights
over traditional
knowledge
(b) the identification of the local community or communities that
created the traditional knowledge, and an identification of the
geographical distribution of the community and its intrinsic
differentiating characteristics where applicable; and
(c) the date of application.
119. The Registrar or any third party with a legitimate interest may petition
the Court for an invalidation of the registration of traditional knowledge
where —
(a) the registered traditional knowledge has not been created by the
person or persons who initially applied for registration;
(b) before registration, the registered traditional knowledge was disclosed
to the public and as a result has been commercially or industrially
exploited in Botswana; or
(c) the registered traditional knowledge has lost its value as an element
of cultural identification as a result of its explicit abandonment, or
of continuous non-use, or continued use in a distorted manner by
third parties with the knowledge of the owner.
120. Protection of registered traditional knowledge shall expire when
it has lost its value —
(a) as an element of cultural identification;
(b) as a result of willful and expressed abandonment by its owner or
owners; or
(c) as a result of non-use or use in a distorted manner by third parties
of which the owner or owners are aware.
121. (1) Protection of traditional knowledge under this Act shall
confer on the owner the following exclusive rights —
(a) where the subject matter of protection is a product, the right to
prevent third parties without consent from making, using,
stocking, offering for sale, selling, commercializing, importing
or exporting the product or any element thereof;
(b) where the subject matter of protection is a domesticated animal,
cultivated plant or any micro-organism, the right to prevent third parties
without consent from reproducing, multiplying or preparing for
reproduction through an offer of sale, sale, importing, exporting or
any form of commercialization;
(c) where the subject matter of protection is a design or an object of a
functional or aesthetic nature including any element of handicrafts,
the right to prevent third parties without consent from making or
reproducing any object with a similar configuration as regards shape,
colour, material, technique and the overall style or visual impression
of the handicrafts that are characteristic to it;
(d) where the subject matter of protection is a name, a symbol, an emblem
or any distinctive sign of a religious, spiritual, cultural or economic
nature, the right to prevent third parties without consent from any
kind of use, both in maternal language or any other language that
consist of an identical or similar sign on a product or on a product
associated with services, making of labels, packages or other
material that reproduce or contain the signs for a commercial or
any other purpose.