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Industrial Property Act, 2010 (Cap. 68:03).

Country
Type of law
Legislation
Date of original text
Source

Abstract
This Act makes provision with respect to protection of industrial property rights and for this purpose gives effect to various international agreements. Although it is stated that the Act does not extent patent protection to a discovery or a plant, animal, micro-organism or substance as found in nature and that plants and animals other than micro-organisms, essentially biological processes for the production of plants or animals, shall not be protected by patents, the Act in certain provisions deals with plant breeders' rights: Where a holder of a plant variety right cannot exploit his or her right without infringing a prior patent, s(he) may apply for a compulsory licence for the non-exclusive use of that patent, to the extent necessary to allow the exploitation of the plant variety right or where a patentee of a biotechnological invention cannot exploit the patent without infringing a prior plant variety right, (s)he may apply for a compulsory licence for the non-exclusive use of the plant variety right, to the extent necessary to allow the exploitation of such patent. The High Court may, on application, in respect of an earlier patent or plant breeder s right, grant an order for the issue of a licence to use the invention claimed in the later patent or plant breeder s right.
The Act also provides for protection of rights of local communities: any title of industrial property, including plant variety certificates that are granted, irrespective of any rights of traditional knowledge under this Act, shall not be enforceable against third parties until the written consent of the local community owning the traditional knowledge is obtained. Local communities may, where applicable and at their discretion, seek protection for the elements of their traditional knowledge in an alternative or complimentary manner by means of other regimes of industrial property without prejudice to the rights and interests protected by this Act.
Long title of text
An Act to provide for the protection of industrial property in Botswana, giving effect to various international conventions, treaties and protocols to which Botswana is a party and for matters related thereto.
Date of consolidation/reprint
Notes
Consolidated version of Act No. 8 of 2010 as at 31 December 2013 (linked text bot132389a.pdf).
Repealed
No
Source language

English

Legislation Amendment
No