Registered Designs

Membership of International Conventions:

  • Paris Union (from 15 April 1998)
  • WIPO (from 15 April 1998)
  • ARIPO (from 6 May 1985)
  • Hague Agreement (from 5 December 2006)

Types of Designs available: 

Industrial Designs 

Novelty Requirements: 

A design is new if it has not been disclosed to the public anywhere in the world by publication in a tangible form, or by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration of such design. 

Disclosure of information claimed in an application for registration of a design which would otherwise affect the registrability of a design shall not affect the registrability of that design where the information was disclosed by —

  • the applicant or his or her predecessor in title;
  • or a third party that obtained the information directly or indirectly from the applicant or his or her predecessor in title, if the disclosure took place —
    (i) during the twelve months preceding the filing date; or 
    (ii) where priority is claimed, during the twelve months preceding the priority date of the application.

Registrability:

“Industrial design” means any composition of lines or colours or any three dimensional form, whether or not associated with lines or colours, which gives a special appearance to a product of industry or handicraft. 

Design protection may not be obtained for a design which is contrary to public order or morality. 

A design may not be registered where it consists entirely of features dictated solely by functional or technical considerations; however, the degree of freedom of the designer in developing his or her design shall be taken into consideration. 

An application for the registration of a design may be in respect of two or more designs, provided that the designs relate to the same class of International Classification or to the same set or composition of articles.

Filing Requirements:

  • Power of Attorney (can be late filed).
  • Drawings, photographs or other graphic representations of the article embodying the design required on the day of filing).
  • A statement, in writing, indicating the kind of products for which the design is to be used.
  • Certified copy of priority document, if priority claimed, with verified English translation (can be late filed within three months). Assignment (can be late filed).

Substantive Examination: 

No 

Deferred Publication: 

The publication of the design upon registration may be deferred by an application made at the time of filing. The publication may be deferred for a period not exceeding twelve months from the date of filing or, if priority is claimed, from the date of priority, of the application. 

Duration and Renewal: 

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each. A grace period of six months is provided for the late payment of the renewal fee.

ARIPO design in which Botswana is designated: 

Please see aripo

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