Overview
Lesotho protects trademarks, patents, and industrial designs through the Registrar General’s Office under the Ministry of Law and Constitutional Affairs. As Lesotho is a member of the African Regional Intellectual Property Organization (ARIPO), applicants for IP rights can choose to file either nationally or via relevant ARIPO protocols. This dual pathway enables protection within Lesotho alone or coverage in additional ARIPO member nations.
Lesotho’s IP system aligns with recognized international norms, ensuring both local and foreign applicants can secure and enforce their rights. Enforcement measures include administrative and judicial mechanisms, allowing rights holders to address unauthorized use or infringement within Lesotho’s jurisdiction.
International Conventions
Lesotho is party to several international agreements, which influence and harmonize its IP framework. These include:
• Paris Convention
• Berne Convention
• TRIPS Agreement
• Patent Cooperation Treaty (PCT)
Trademarks in Lesotho are generally filed with the Registrar General’s Office and may be filed on a multiclass basis, allowing applicants to cover multiple classes of goods or services within a single application. Trademark rights extend only to the specific goods or services designated in the application.
• Applicants must submit a clear representation of the trademark and pay prescribed fees.
• A substantive examination ensures the trademark’s distinctiveness and checks conflicts with earlier registrations.
• Registrations remain valid for 10 years from the filing date and can be renewed for 10-year intervals.
• Applicants must accurately present their details (name, address) and specify the classes of goods and services.
• Lesotho’s ARIPO membership provides an optional regional filing route under certain ARIPO protocols.
Owners of registered trademarks can enforce exclusive rights in Lesotho’s courts or through administrative remedies if infringement emerges.
Patents in Lesotho are granted upon satisfactory review by the Registrar General’s Office. Inventions must meet criteria for novelty, inventive step, and industrial applicability.
• The patent term is 20 years from the filing date, contingent on timely payment of annual maintenance fees.
• Applicants must submit a specification, claims, and any relevant technical documentation.
• A substantive examination confirms the invention’s compliance with patentability standards.
• Membership in the Patent Cooperation Treaty (PCT) allows foreign applicants to enter Lesotho at the national phase, and ARIPO membership adds another avenue for broader regional coverage.
Once granted, a patent confers exclusive rights to the inventor within Lesotho, with legal channels available to address unauthorized exploitation.
Lesotho also safeguards industrial designs, focusing on the aesthetic or ornamental features of products. Applications may be filed directly at the national office or regionally via ARIPO.
• Applicants must submit representations or descriptions of the design and pay official fees.
• Initial protection lasts for 15 years, with a possible extension of 5 years, subject to annual renewal fees starting from the first anniversary of the filing date.
• Applicant details must be complete and accurate to ensure proper registration.
Registered design owners may act against illicit manufacture or distribution of products featuring a protected design in Lesotho.
