Intellectual Property

Botswana
Smit & Van Wyk Patent, Trademark & Registered Designs

Intellectual Property in Botswana

Smit & Van Wyk deals exclusively with Botswana Intellectual Property including patents, designs, trademarks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.

Patent Attorneys, Patent Registration, Patents

Botswana patents have a duration of 20 years from date of filing. Botswana is a member of PCT and the Paris Convention. PCT National Phase entries provide a unified procedure for filing patent applications to protect intellectual property in each of its contracting states. Botswana Patents may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on Patents for ARIPO is the Harare Protocol, which authorises ARIPO to register Patents on behalf of Harare Protocol Contracting States.

Botswana is a signatory of the Patent Cooperation Treaty (PCT)The Patent Cooperation Treaty ensures that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states. 

Trade Marks

Botswana trade marks may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on trade marks for ARIPO is the Banjul Protocol, which authorises ARIPO to register trade marks on behalf of Banjul Protocol Contracting States, including Botswana. Botswana trade marks are valid for 10 years from the filing date and are renewable every 10 years thereafter.

Generally speaking, a trade mark is a name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination thereof that is used to distinguish goods or services from those of competitors and others in the marketplace. 

The most current edition of the Nice Classification of Goods and Services is followed. 

Trademark Attorneys, Trademark Registration, Trademarks

Registered Designs

Botswana designs have an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each.

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