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:
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