Africa Update 2020 – Botswana

Author: Eugene Honey

Registry Visit

In July 2019, Adams & Adams partner, Eugene Honey and Trade Mark Administrator, Shakes Mashaba travelled to Gaborone to visit our Associate Office, as well as the Companies and Intellectual Property Authority (CIPA) at its premises in the new central business district.

They met with the Registrar, Mr. Tim Moalusi, to discuss Registry operations and outstanding matters. Mr. Moalusi provided an update on the digitisation implementation, which has experienced delays. He further advised that they were in the process of reviewing their legislation and the possible setting up of a tribunal to deal with IP issues.

Anti-counterfeiting: Customs Training

During February 2019, our anti-counterfeit team travelled to Gaborone for strategic discussions and meetings with officials from Botswana Companies and Intellectual Property Authority (CIPA). Discussions included a change in mandate with regards to anti-counterfeiting enforcement in Botswana and assisting in compiling regulations and processes for the combatting of counterfeit goods in Botswana. The buy-in from the CIPA members was encouraging and provided a hopeful platform from which to work for the future.

At the same time, CIPA arranged a meeting with the registered clearing agents with the intention to educate them with regards to the actual harm caused by counterfeit goods, during which we gave a presentation and answered various questions from the attendees.

KEY OPPORTUNITIES & CONCERNS

Opportunities

• An extensive transportation infrastructure ensures economic sectors are well served and entices new investment
• Confidence in government remains high, and corruption is limited to local scandals and errant individuals rather than existing as entrenched culture
• Industrial parks and agricultural initiatives are government’s incentives to diversify the economy away from the mining sector

Concerns

• Energy and water security are perennial issues in the desert country
• Business confidence is on the decline. While the 2018 score of 58 was up from 46 in 2016, as recorded biannually, a long-term decline from a high of 82 in 2008 is likely to accelerate with substandard 2019 economic dataA progressive wildlife protection policy was viewed as compromised with a lifting of an elephant hunting ban in May 2019, bringing criticism from conservationists and worries about effect on Botswana’s US$2 billion annual tourism revenues