A.69
(2) Any change in the ownership of a patent, a utility model certificate,
the registration of an industrial design, mark or collective mark or in the
ownership of an application therefor, shall have no effect against third parties
unless it has been recorded by the Registrar in the appropriate register.
(3) A change in ownership of the registration of a mark or a collective
mark shall be invalid if it is likely to deceive or cause confusion particularly
in regard to the nature, origin, manufacturing process, characteristics or
suitability for their purpose, of the goods or services in relation to which
the mark or collective mark is intended to be used or is being used.
(4) Where a change in ownership concerns more than one registered
right or more than one pending application of the same person, a single
request shall be sufficient to record the change in respect of all of them
provided that the parties involved are the same for all the registered rights
and pending applications concerned, and the numbers of all the patents,
registrations and applications concerned are indicated in the request.
129. (1) Any licence or agreement concerning a patent, a utility model
certificate, a registered industrial design or registered mark, traditional
knowledge or an application therefor shall have no effect against third
parties unless it has been recorded in the appropriate register.
(2) The provision of subsection 128 (2) shall apply to the recordation
of licences in the register.
130. (1) Every person who makes an application under this Act for
the grant or registration of a patent, utility model certificate, industrial
design, mark, or collective mark, or of any other thing which may be
applied for under this Act, and whose ordinary residence or principal place
of business is outside Botswana, shall be represented by a legal practitioner
who has been enrolled to practise in the courts of Botswana in accordance
with the provisions of the Legal Practitioners’ Act or such other person as
the Minister may prescribe.
(2) Notwithstanding subsection (1), any interested person may, on his or
her own behalf —
(a) file an application for a patent or utility model for the purposes of
the filing date;
(b) pay any prescribed fee; and
(c) receive a receipt or an attestation from the Office, in respect of a
procedure referred to in paragraph (a) and (b).
131. (1) The Registrar may correct any clerical or other error —
(a) in translation or transcription in any application filed under this Act;
(b) in any document filed or lodged in pursuance of an application under
paragraph (a); or
(c) in any register maintained in pursuance of this Act.
(2) Subsection (1) shall not be construed as giving the Registrar any
power to correct or amend any application, document or register in any
material manner.
Licence
contract
Agents
Cap. 61:01
Correction
of errors