This legislation was digitised using the Laws of Lesotho Volumes I – XLVII, which were produced by the Attorney General of Lesotho, as reference. As the volumes do not include precise publication dates, the last day of the year of publication has been used as the date of publication.
Industrial Property Order, 1989
Lesotho
Industrial Property Order, 1989
Ordinance 5 of 1989
- Published in Government Gazette on 31 December 1989
- Commenced
- [This is the version of this document from 31 December 1989.]
- [This legislation was digitised using the Laws of Lesotho Volumes I – XLVII, which were produced by the Attorney General of Lesotho, as reference. As the volumes do not include precise publication dates, the last day of the year of publication has been used as the date of publication.]
Part I – Preliminary
1. Short title and commencement
This Order may be cited as the Industrial Property Order, 1989, and shall come into operation on a date to be fixed by the Minister by notice in the Gazette.2. Interpretation
In this Order, unless the context otherwise requires,“agent” means a legal practitioner resident and practising in Lesotho, representing the aplicant;“ARIPO” means African Regional Industrial Property Organization;“ARIPO protocol” means any Protocol on Patents and Industrial Designs within the framework of ARIPO;“collective mark” means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark;“court” means the High Court of Lesotho established under section 2 of the High Court Act, 1978;[Act 5 of 1978]“exploitation” means,(a)in respect of a patented invention, any of the following acts,(i)when the patent has been granted in respect of a product, the making, importing, exporting, offering for sale, selling and using the products or stocking such products for the purposes of offering for sale;(ii)when the patent has been granted in respect of a process, using the process or doing any of the acts referred to in sub-paragraph (i) in respect of a product obtained directly by means of the process; and(b)in respect of a registered industrial design, the making, selling or importation of articles, incorporating the industrial design;“industrial design” means any composition of lines or colours or any three-dimensional form, whether or not associated with lines or colours, where such 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 but does not include anything in an industrial design which serves solely to obtain a technical results.“international classification” means the classification according to the Nice Agreement of June, 15, 1957, Concerning the Intenational Classification of Goods and Services for the Purposes of the Registration of marks as last revised;“invention” means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology;“mark” means any visible sign capable of distinguishing the goods or services of an enterprise;“Minister” means the Minister of Law, Constitutional and Parliamentary Affairs;“patent” means the title granted to protect an invention in accordance with section 5;“Paris Convention” means the Paris Convention for the Protection of Industrial Property of March, 20 1883, as last revised;“priority date” means the date of the earlier application that serves as the basis for the right of priority provided for in the Paris Convention;“registers” means the registers referred to in section 39(1);“Registrar” means the person holding office in terms of section 37;“regulations” means regulations made under section 45;“trade name” means the name or designation identifying and distinguishing an enterprise;“utility model certificate” means a certificate referred to in section 18.Part II – Patents
3. Inventions
Subject to section 4, an invention may be or may relate to a product or a process.4. Matters excluded from patent protection
The following, even if they are inventions in terms of section 2, shall be excluded from patent protection,5. Patentable inventions
6. Right to patent; naming of inventor
7. Applications
8. Unity of invention; amendment and division of applications
9. Right of priority
10. Information concerning corresponding foreign applications for patents or other titles of protection
11. Filing date; examination
12. Grant of patent
13. Rights conferred by patent, ARIPO Protocol patents, exploitation by Government or person thereby authorized
14. Duration, annual fees
15. Non-voluntary licences
16. Invalidation
Part III – Utility model certificates
17. Applicability of provisions relating to patents
18. Special provisions relating to utility model certificates
19. Conversion of patent applications or applications for utility model certificates
Part IV – Industrial designs
20. Registrable industrial designs
21. Right to registration of industrial designs, naming of creator
22. Application
23. Examination, registration of industrial design
24. Rights conferred by registration, duration, renewal, ARIPO Protocol Industrial Designs
25. Invalidation
Part V – Marks, collective marks and trade names
26. Acquisition of the exclusive right to a mark, registrability
27. Application for registration
28. Examination, opposition, registration of mark
29. Rights conferred by registration, duration, renewal
30. Invalidation, removal on grounds of non-use
31 Collective marks
32. Licencing of marks and collective marks
33. Trade names
Part VI – Acts of unfair competition
34. Acts of unfair competition
Part VII – General provisions
35. Representation by agent
Where the applicant’s ordinary residence or principal place of business is outside Lesotho, he shall be represented by an agent.36. Changes in ownership, licence contracts
37. Registrar
The shall be a Registrar whose office shall be an office in the public service.38. Functions of the Registrar
39. Registers, Gazette
40. Correction of errors, extension of time
41 Exercise of discretionary powers
42. Competence of High Court Appeals
43. Infringement, unlawful acts, offences
44. Application of international treaties
The provisions of any international treaty in respect of industrial property to which Lesotho is a party shall apply to matters dealt with by this Order and, in case of conflict with the provisions of this order, the provisions of the international treaty shall prevail.45. Regulations
46. Administrative instructions
The Registrar may issue administrative instructions relating to the procedures under this Order and the regulations as well as to other functions of his office.47. Repeals, savings and transitional provisions
History of this document
31 December 1989 this version
Published in Government Gazette