Botswana's Information Technology Landscape
Overview
Domestic Market
ICT Policy
Telecomms
Regulatory
IT Diffusion
E-Business
E-Gov
ICT Production
IT Workforce
IT Geographics
IT Financing
Legal
Analysis
 

Legal Issues and Intellectual Property Rights

Botswana is one of the least corrupt countries in the world, and it has a superb legal infrastructure, a comprehensive legal code regulating corporations and their activities. By and large, its obligations vis-a-vis the WTO and the GATS are very liberal. Botswana was ranked the most globalized African nation(29) by the Carnegie Endowment for International Peace through its publication "Foreign Policy". The fourth annual "Globalization Index" placed Botswana in 30th position, ahead of giants like South Africa (49), Tunisia(35) and right behind Japan(29).

Contracts and Enforcement

Botswana has a substantial body of contract law as well as government Directorate on Corruption and Crime(30). The government is particularly serious about preserving Botswana's reputation as a fast growing and uncorrupt nation. The directorate uses a computerized Case management system to track and manage all reported cases of fraud in various business activities and resolution of these matters.

Intellectual Property Rights(IP)

Botswana has a comprehensive copyright law. First enacted in 1965, it has been revised in 1998 and in 2000. The copyright law is further harmonized with :

  • WTO rules on copyrights
  • the Trade Related Aspect of Intellectual Property Rights Agreement (TRIPS),
  • the Berne Convention
  • World Intellectual Property Organization (WIPO) Internet Treaties. i.e. WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).

Protected works include:

  • Books, speeches, poems, musical and audio-visual works
  • Architectural works
  • Computer programmes and neighbouring rights

Exceptions include
· Private reproduction for personal purposes
· Quotations
· Reproduction for teaching
· Reprographic reproduction by libraries and archives
· Broadcasting
· Other communication to the public for informative purposes
· Reproduction and adaptation of computer programs
· Temporary reproduction
· Display of works
· Importation for personal purposes.