Overview
Botswana secures intellectual property rights through a structured framework covering trademarks, patents, and industrial designs. All applications and registrations are managed by the Companies and Intellectual Property Authority (CIPA), which oversees relevant formalities and exams.
Although Botswana is a member state of the African Regional Intellectual Property Organization (ARIPO), it maintains its own procedures for filing and enforcing IP rights within its territory. Botswana’s combination of national and regional integration provides applicants with both local protection and broader regional options.
International Conventions
Botswana is a party to several international IP agreements. These include:
Paris Convention
Berne Convention
TRIPS Agreement
Patent Cooperation Treaty (PCT)
Madrid Protocol
Banjul Protocol
Harare Protocol
IP office
Trademark registration in Botswana is administrated by CIPA, with the option to file on a multi-class basis. Registration procedures adhere to the country’s distinctiveness and formal requirements:
• Applicants must submit a clear depiction of the trademark.
• Substantive exam ensures the trademark meets eligibility criteria.
• Registration remains valid for 10 years from the filing date, renewable for subsequent 10-year terms.
• Application details (name, address, and goods/services) must be accurately provided in the chosen class(es).
• Participation in the Madrid Protocol enables international trademark applicants to include Botswana in a single international filing.
Trademark rights, once granted, are enforceable through administrative and judicial avenues, ensuring protection against possible infringement.
Patents in Botswana are obtained through filing an application with CIPA. The invention must satisfy novelty, inventive step, and industrial applicability:
• The patent term runs for 20 years from the filing date, subject to annual maintenance fees.
• Applicants submit a specification, detailed claims, and necessary supporting documents.
• A substantive exam verifies compliance with patentability requirements.
• Botswana, as a PCT member, allows foreign applicants to enter the national phase after an international filing.
Once granted, patents provide exclusive rights in Botswana, enforceable against unauthorized exploitation.
Industrial designs in Botswana protect the visual attributes of a product. Oversight falls under CIPA:
• A formal application with representations of the design.
• Once approved, protection is granted initially for 5 years from the filing date, renewable twice for a total of 15 years.
• Applicants must include accurate identifying details to facilitate the exam.
Registered designs confer exclusive rights to prevent unauthorized production or marketing of similar designs in Botswana, supplemented by regional mechanisms through ARIPO if necessary.
This information does not constitute legal advice; it is for informational purposes only.
