Botswana: a thirst for knowledge
Botswana, officially the Republic of Botswana is an African country bordering Namibia, South Africa, Zambia, and Zimbabwe. The geographical position of Botswana is both an advantage due to its strategic location for commercial purposes and a disadvantage, considering the enormous opportunities for the smuggling of counterfeiting products and services.
In Botswana, Industrial Property rights are protected through the Industrial Property Act (2010) and the rights covered under this act include trademarks, patents, utility models, industrial designs, geographical indications, traditional knowledge, and integrated circuits.
The Companies and Intellectual Property Authority (CIPA), formerly the Registrar of Companies and Intellectual Property (ROCIP), is the entity responsible for the grant of such rights and was established by an act of parliament in 2011 (Companies and Intellectual Property Authority Act, (Cap. 42:13) to promote and enable the full protection of the rights of investors and right holders obtained under the Companies Act, Registration of Business Names Act, Industrial Property Act and Copyright and Neighboring Rights Act. CIPA is now a parastatal body under the parent Ministry of Trade and Industry.
Under the theme “Harnessing IP for Economic Transformation”, a programme designed for the IP system to foster innovation for economic transformation under the country’s vision 2036, President Mokgweetsi Masisi formally launched the country’s first-ever National Intellectual Property Policy (BIPP), on November 15, 2022.
Transition to knowledge-based economy
Botswana's IP policy is emerging as a transition from being a resource-based economy to a knowledge-based economy (setting aside the contribution of minerals, which is also likely to decrease in the future) and emphasising a vision linked to science, technology, innovation, and creativity. Hence Botswana is putting in place mechanisms for the economic use of diverse IP assets to ascertain and sustain competitiveness.
Thus, the government recognises the need to have an overarching integrated national IP policy framework that will ensure that IP is integrated into the economic policies of Botswana as well as the necessity of appropriate awareness, education and training for all agencies and departments involved in IP enforcement—creating a favourable environment for investment.
It is expected that in 2036 a development of competitive and sustainable knowledge-based industries will be reached. The National Vision 2036 anticipates that Botswana will have diversified its economy by making use of science, technology, and innovation.
Considering that Botswana has outstanding IP potential it has sought to develop IP policies based on six pillars:
