Botswana
Intellectual Property
Intellectual Property in Botswana
Smit & Van Wyk assists with the protection of Intellectual Property in Botswana, including the filing, prosecution and enforcement of patents, designs, trade marks, 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.
Botswana patents have a duration of 20 years from date of filing. Botswana is a member of the PCT and the Paris Convention (International treaty for the protection of Industrial Property). 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.
Types of Patents:
- Patents of Invention
- National Phase PCT Application
- ARIPO application
- ARIPO Regional Phase PCT application
Methods of medical diagnosis, treatment or surgery are not patentable.
Trade Marks
Botswana trade marks are valid for 10 years from filing date and renewable every 10 years. Botswana is a member of the Paris Convention (International treaty for the protection of Industrial Property) and the Madrid Protocol (an international system for obtaining trade mark protection for a number of regions through a single application). 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.
Types of Trade Marks:
- Standard marks
- Collective marks
The most current edition of the Nice Classification of Goods and Services is followed. Multi-class applications are possible.
Industrial 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. Industrial designs are filed under the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities. Botswana is a member of the Paris Convention (International treaty for the protection of Industrial Property). Botswana designs 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.
Types of Designs:
- Industrial Designs