IP/N/1/BWA/2  
 
18 July 2013  
(13-3860)  Page: 1/2  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
BOTSWANA  
By means of communications submitted on 21 June  and 10 July 2013, the Delegation of Botswana 
has notified, under Article 63.2 of the TRIPS Agreement, the following legislation:   
 
 
TITLE 
DATE OF ADOPTION AND 
ENTRY INTO FORCE 
   
 
BRIEF DESCRIPTION  
 
1.  In dustrial Property Act 20101, adopted 
in 2010 an d came in to force o n 
31 August 2012   
This Act has introduced the following new 
areas:  
• For patents it introduces a new 
provision on parallel importation under 
section 32( 1). Also under Section 21(1) 
a pre-patent grant opposition 
procedure. 
 •  Part III of the Act allows Botswana to 
process international patent applications 
filed under the Patent Co-operation 
Treaty (PCT). 
 
•  Part IV  Introduces a new provision to 
allow for in ternational registration of 
industrial designs un der the Hague 
Agreement . 
 • Part VII Introduces a new area which 
provides for the protection of Layout 
designs of Integrated Circuits . 
 
• Part VIII for trademarks Provides for a 
new provision which allows for the 
reinstatement of lapsed marks upon 
giving compelling reasons. 
 • Part IX  Introduces a 
new provision on 
the international registration of marks 
under the Madrid Protocol. 
 
                                               
1 See document IP/N/1/BWA/I/3. IP/N/1/BWA/2 
 
- 2 - 
 
   
•  Part X  Introduces a new provision on 
the protection of Geographical 
Indications.  
 •  Part XII Introduces new provisions on 
the protection of Traditional Knowledge 
and Handicrafts . 
 
 2.  Industrial Property Regulations 2012
2, 
came into force on 31 August 2012 
   
The regulations implement all the provisions 
of the Industrial Property Act 2010 . It has 
introduced new application forms for each 
intellectual property right covered under this 
Act. The fees have also increased b y 50% of 
the fees under the repea led Industrial 
Property Act of 1996. 
 
 3.  Copyright and Neighbouring Right s 
(Amendment) Act, 2005
3, adopted in 
2005 and came into force in October 
2006   
Amended the Copyright and Neighbouring 
Rights Act No . 8 of 2000 as follow s:  
 
 • Inserting Part IIIA providing for the 
establishm ent of the Copyright Office of 
Botswana. 
 
 • Amendment of Section 30 dealing with 
civil remedies. 
 
 • Insertion of Section 3 3A which 
introduces a Copyright Arbitration Panel.  
 
 • Insertion of Sections 35A, 35B, 35C, 
35D, 35E, 35F and 35G introducing 
security devices for sound and audio 
visual recordings and a Levy on 
Technical devices. 
 
 • Insertion of Sections 36A and 36B for 
the establishment of the Copyright 
Society of Botswana . 
 
 4. Copyright and Neighbouring Right s 
Regulations , 2007
4 entered into force on 
16 March 2007    
The regulations implement the Copyright 
and Neig hbouring Rights Act. It provid es 
forms and percentages of levies for technical 
devices. 
 
  
 
__________  
                                               
2 See document IP/N/1/BWA/I/4. 
3 See document IP/N/1/BWA/C/2. 
4 See document IP/N/1/BWA/C/3.