Lesotho

Patent protection is available via a national filing or an ARIPO application designating Lesotho. Lesotho has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby giving valid patent protection to applicants seeking to obtain a patent via an ARIPO application.

The Industrial Property Amendment Act, 1997 amended the principal legislation by giving effect to PCT applications in Lesotho, but Regulations to implement the PCT provisions have not yet been promulgated. However, the existing legislation does contain a provision which states that any international treaties in respect of which Lesotho is a signatory shall apply in Lesotho and, in the event of a conflict between the national law and the international treaty, the provisions of the international treaty will apply. This means that international PCT applications, in which Lesotho is designated, may form the basis of national phase applications in Lesotho. Foreign applicants must be represented by an agent.

Inventions are patentable if they are new, involve an inventive step and are industrially applicable.

The following are not patentable:

• Discoveries, scientific theories and mathematical methods
• Plant or animal varieties or essentially biological processes for the production of plants or animals, other than microbiological processes and the products of such processes
• Schemes, rules or methods for doing business, performing purely mental acts or playing games
• Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practised on the human or animal body.

Although methods for the treatment of the human or animal body and diagnostic methods are not patentable subject matter, the prohibition does not extend to products for use in those methods.

An invention is new if it has not been anticipated by prior art. Prior art is everything that has been disclosed to the public, anywhere in the world, by publication in tangible form; or in Lesotho, by oral disclosure, by use or in any other way, prior to the filing or the priority date.

An application is subjected to formal examination, and to a more substantive examination which may or may not cover the requirements of novelty and inventive step. Currently, substantive examination of applications filed in Lesotho is being carried out by the ARIPO examiners.

The term of a patent obtained in terms of Lesotho’s national legislation is 15 years. This period is extendible for a further five year period subject to the filing of a suitable application and proof of working of the patent in Lesotho, or circumstances which justify the failure to work the patent. However, the Harare Protocol states that the term of an ARIPO patent designating Lesotho is 20 years.

The law confers copyright protection on authors of original literary, artistic and scientific works. Such works include:

• Books, pamphlets, theses, dissertations and other writings
• Lectures, addresses, sermons and other oral works
• Dramatic and dramatico-musical works
• Musical works, vocal or instrumental
• Choreographic works, pantomimes
• Cinematographic and audiovisual works
• Works of drawing, painting, architecture, sculpture, engravings, tapestry
• Photographic works
• Works of applied art
• Illustrations, maps, plans, three-dimensional works relative to geography, topography, architecture, technology or science.

Protection is also given to derivative works, including:

• Translations, adaptations, arrangements, transformations of literary, artistic or scientific works
• Collections of literary, artistic or scientific works
• Works inspired by expressions of folklore.

Registration is possible before the Lesotho Copyright Board Society of Authors and Artists.

Copyright generally endures for the lifetime of the author plus 50 years. In the case of cinematographic or audiovisual works, the period of protection is 50 years from the making of the work. In the case of photographic works or works of applied art, the duration of protection is 25 years from the making of the work.

Design protection is available by way of a national filing or via an ARIPO application designating Lesotho. Lesotho has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national laws, thereby giving valid design protection to applicants seeking to obtain a design registration via ARIPO.

An industrial design means any composition of lines or colours or any three-dimensional form, whether or not associated with lines or colours, which composition or form gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft, provided that it does not consist of anything which serves to obtain a technical result.

A design is new if it has not been disclosed to the public, anywhere in the world, by publication in tangible form; or in Lesotho, by description or by use or in any other way, prior to the filing, or where appropriate, the priority date, of the application.  A grace period of six months preceding the filing date or priority date is provided, for disclosures which were by reason of, or in consequence of, acts committed by the applicant or his predecessor in title, or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

Examination is conducted by the Registrar to ensure compliance with the formal requirements and also to determine whether the design falls within the definition of a design. If satisfied that the conditions for registration have been met, the Registrar shall register the design, publish the fact of registration, and issue the registration certificate.

The initial term of the design registration is five years, which is extendible upon payment of renewal fees for two further five year terms. ARIPO designs, however, are only valid for 10 years and are subject to payment of annual maintenance fees. ARIPO also has a six month grace period for payment of renewal fees.