A.72
Regulations
Repeal of
Cap. 68:03
Savings
Act to bind
State
137. The Minister may, by statutory instrument, make regulations providing
for any matter required to be prescribed or which is to be provided for under
this Act, or which otherwise relates to the administration of this Act.
138. The Industrial Property Act is hereby repealed.
139. (1) Notwithstanding the repeal under section 138, patents
granted, designs and trade marks registered under the repealed Act shall
remain in force but shall, subject to subsections (2) and (3), be deemed
to have been granted under this Act.
(2) Patents granted and industrial designs registered under the
repealed Act shall remain in force for the unexpired period of protection
provided under this Act subject to payment of maintenance fees.
(3) Trademarks already registered and due for renewal shall, upon
renewal, be reclassified in accordance with this Act.
(4) For the purposes of the payment of annual maintenance fees for
patents and patent applications, and of renewal fees for registered
industrial designs under subsection (2) hereof, the reference to “the filing
date” in sections 28 (2) and 56 (1) respectively, shall be construed as
being a reference to the date of registration in Botswana.
(5) The Registrar, Deputy Registrar and Assistant Registrars
appointed under section 4 of the repealed Act shall be deemed to have
been appointed under this Act.
140. This Act binds the State.
PASSED by the National Assembly this 29th day of March, 2010.
BARBARA N. DITHAPO,
Clerk of the National Assembly.