a.
payment by the third party, at the discretion of the community, including
payment of either a lump sum, royalty fee or participation in the benefits
directly or indirectly derived from the exploitation of the knowledge;
b.
conferment by the third party of benefits such as educational grants, medical
assistance or any other benefits;
c.
the exploitation does not lead to distortion of any kind; and
d.
registration of the licensing agreement with the Registrar.
Evidently, the new Industrial Property Act recognises the right of local
communities to own their traditional knowledge and prohibits unlawful use and
commercialisation of the knowledge unless the local community has granted a
licence in return for payment or royalty fees. By recognising such a right,
Botswana is honouring its duty to ensure the exercise of the right to development,
be it, economic, social and cultural.
ARTICLE 23
ALL PEOPLES SHOULD HAVE THE RIGHT TO NATIONAL AND
INTERNATIONAL PEACE AND SECURITY. THE PRINCIPLES OF
SOLIDARITY AND FRIENDLY RELATIONS IMPLICITLY AFFIRMED BY
THE CHARTER OF THE UNITED NATIONS AND REAFFIRMED BY
THAT OF THE ORGANISATION OF AFRICAN UNITY SHALL GOVERN
RELATIONS BETWEEN STATES.
Botswana is party to various international instruments at multilateral, bilateral
and sub-regional level on matters pertaining to defence and security. She enjoys
friendly and cordial relations with countries in the continent and has established
Joint Permanent Commissions on Defence and Security (JPCDS) with all its
neighbouring countries. These Commissions meet as scheduled on an annual basis.
Through the JPCDS’, the country benefits through the exchange of information on
intelligence, defence, security as well as issues of mutual interest. Some
comparative studies such as the Global Peace and Positive indices indicate that
Botswana is one of the world’s safest and stable countries.
ARTICLE 25
DUTY TO PROMOTE AND ENSURE THROUGH TEACHING, EDUCATION
AND PUBLICATION, THE RESPECT OF THE RIGHTS AND FREEDOMS
73 | P a g e