Industrial Designs
Legal Basis
– Industrial Property Act No. 8 of 2010, in force since August 31, 2012.
– Industrial Property Regulations, Statutory Instrument No. 69 of 2012.
Membership in International Conventions
– See under “Patents of Invention“.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since December 5, 2006.
Filing
Applicant: same as for “patents“.
Definition: any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, which composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft provided it does not consist of anything which serves to obtain a technical result and leaves no freedom as regards arbitrary features of appearance.
Novelty: same as for “patents“.
Assignments and licenses: same as for “patents“.
Filing requirements for an application (to be sent to authorized agent):
1. Power of attorney (not legalized);
2. Request form in triplicate;
3. 4 copies of the drawings;
4. Assignment of design and priority rights (if applicable);
5. Certified copy of priority documents (if applicable).
Electronic filing: not available in Botswana.
Registration, Protection
Filing date: the Registrar shall accord, as the filing date, the date on which the application was received.
Examination: only a formal examination; no examination as to novelty. If the application complies with the requirements of the Act, the design is registered.
Publication: the Registrar then issues a certificate of registration and publishes the fact of registration.
Duration – extension: five years, renewable upon payment of renewal fees, for two consecutive periods of five years each.
Opposition: no provision.