By recognising the value of traditional knowledge, Botswana is affording individuals and communities their right to social and cultural development. As long as the knowledge has not been disclosed to the public through any means or it has been disclosed, but such disclosure has not led to any commercial or industrial exploitation in Botswana, such knowledge is eligible for registration as traditional knowledge. The registration affords the community or individual, the following exclusive right: a. where the subject matter of protection is a product, the right to prevent third parties without consent from making, using stocking, offering for sale, commercializing, importing and exporting the product; b. where the subject matter of protection is a design or an object of a functional or aesthetic nature including any element of handicrafts, the right to prevent third parties without consent from making; or c. reproducing any object with a similar configuration as regards shape, colour, material, technique and the overall style or visual impression of the handicrafts that are characteristic to it; d. where the subject matter of protection is a name, a symbol, an emblem or any distinctive sign of a religious, spiritual, cultural or economic nature, the right to prevent third parties without consent from any kind of use both in maternal language or any other language that consist of an identical or similar sign on a product or on a product associated with services, making of labels, packages or other material that reproduce or contain the signs for a commercial or any other purpose. In the event of infringement of the right to the traditional knowledge or any other rights, any proceedings concerning the protection or infringement of rights over traditional knowledge shall be initiated either by the local community or any other owner of that knowledge. Furthermore, the Court may order the infringing party to pay to the local community an amount to be prescribed. Local communities as the rights holders may grant licensing agreements to exploit traditional knowledge or any element of it to third parties subject to the following conditions: 72 | P a g e

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