Botswana Country Commercial Guide
Learn about the market conditions, opportunities, regulations, and business conditions in botswana, prepared by at U.S. Embassies worldwide by Commerce Department, State Department and other U.S. agencies’ professionals
Select Country Guide
Protecting Intellectual Property
Last published date:

Effective management of intellectual property (IP) rights in Botswana requires a clear strategy and an understanding of local laws.  IP protection in Botswana differs from the United States, and rights must be registered and enforced under Botswana’s legal framework.  U.S. trademark and patent registrations do not provide protection in Botswana, and there is no “international copyright” that automatically safeguards works globally.  Protection depends on the national laws of each country, though most nations, including Botswana, offer copyright protection to foreign works under international agreements.

To protect IP in Botswana, applications must be filed with the Companies and Intellectual Property Authority (CIPA) for national protection of trademarks, patents, and industrial designs, or through the African Regional Intellectual Property Organization (ARIPO) for regional protection.  Botswana’s IP framework is governed by the Industrial Property Act, Copyright and Neighboring Rights Act, and the Botswana Intellectual Property Policy (BIPP).  Patents and trademarks are granted on a first-to-file basis, so businesses should secure protection before introducing products or services to the market.

It is important to note that IP is primarily a private right, and the U.S. government cannot enforce these rights on behalf of individuals or companies in Botswana.  Rights holders are responsible for registering, protecting, and enforcing their IP, often with the assistance of local attorneys or IP consultants familiar with Botswana law.  A list of local lawyers is available on the U.S. Embassy Gaborone website.

Delays in securing or enforcing IP rights can lead to erosion or loss of those rights due to legal doctrines such as statutes of limitations or unreasonable delays in prosecuting claims.  The U.S. government can provide support but cannot substitute for the rights holder’s responsibility to act promptly.

Key Recommendations for IP Protection in Botswana:
 

  • Conduct due diligence on potential partners.  A reliable partner is critical for protecting IP, but allowing a partner to register IP on your behalf may create risks if the partnership ends.
  • Work with legal counsel to draft strong contracts that include non-compete clauses and confidentiality/non-disclosure provisions.
  • Monitor cost structures to reduce incentives for counterfeiting or IP theft.
  • Maintain constant oversight of projects and sales in Botswana.


Small and medium-sized enterprises (SMEs) are encouraged to collaborate with trade associations and organizations to combat counterfeiting and protect IP. Relevant organizations include:

  • U.S. Chamber of Commerce
  • National Association of Manufacturers (NAM)
  • International Intellectual Property Alliance (IIPA)
  • International Trademark Association (INTA)
  • Coalition Against Counterfeiting and Piracy (CACP)
  • International Anticounterfeiting Coalition (IACC)
  • Pharmaceutical Research and Manufacturers of America (PhRMA)
  • Biotechnology Innovation Organization (BIO)
     

For additional resources, visit the Stopfakes.gov website or contact ITA’s Office of Intellectual Property Rights Director, Stevan Mitchell, at Stevan.Mitchell@trade.gov.

×

Global Business Navigator Chatbot Beta

Welcome to the Global Business Navigator, an artificial intelligence (AI) Chatbot from the International Trade Administration (ITA). This tool, currently in beta version testing, is designed to provide general information on the exporting process and the resources available to assist new and experienced U.S. exporters. The Chatbot, developed using Microsoft’s Azure AI services, is trained on ITA’s export-related content and aims to quickly get users the information they need. The Chatbot is intended to make the benefits of exporting more accessible by understanding non-expert language, idiomatic expressions, and foreign languages.

Limitations

As a beta product, the Chatbot is currently being tested and its responses may occasionally produce inaccurate or incomplete information. The Chatbot is trained to decline out of scope or inappropriate requests. The Chatbot’s knowledge is limited to the public information on the Export Solutions web pages of Trade.gov, which covers a wide range of topics on exporting. While it cannot provide responses specific to a company’s product or a specific foreign market, its reference pages will guide you to other relevant government resources and market research. Always double-check the Chatbot’s responses using the provided references or by visiting the Export Solutions web pages on Trade.gov. Do not use its responses as legal or professional advice. Inaccurate advice from the Chatbot would not be a defense to violating any export rules or regulations.

Privacy

The Chatbot does not collect information about users and does not use the contents of users’ chat history to learn new information. All feedback is anonymous. Please do not enter personally identifiable information (PII), sensitive, or proprietary information into the Chatbot. Your conversations will not be connected to other interactions or accounts with ITA. Conversations with the Chatbot may be reviewed to help ITA improve the tool and address harmful, illegal, or otherwise inappropriate questions.

Translation

The Chatbot supports a wide range of languages. Because the Chatbot is trained in English and responses are translated, you should verify the translation. For example, the Chatbot may have difficulty with acronyms, abbreviations, and nuances in a language other than English.

Privacy Program | Information Quality Guidelines | Accessibility