A.65 (b) it has been subjected to reasonable steps, under the circumstances, to preserve it from disclosure; and (c) it has commercial value because it is secret. PART XII – Traditional Knowledge and Handicrafts 115. (1) Traditional knowledge shall be registered together with a description of such knowledge where — (a) it has not been disclosed to the public through any means; or (b) if it has been disclosed, such disclosure has not led to any commercial or industrial exploitation in Botswana. (2) A description shall disclose traditional knowledge in a manner which is sufficiently clear and complete to permit any third party to reproduce or utilize the traditional knowledge to obtain results similar or identical to those obtained by the holder of such traditional knowledge. (3) Any element of traditional knowledge may be registered separately or individually in conformity with its technical characteristics without prejudice to its holistic nature, or as a whole in its integrity combining, if necessary, all elements of traditional knowledge into a single registration. 116. (1) A local traditional practitioner, a representative of any local community or any individual may apply to register traditional knowledge. (2) When making an application for registration of traditional knowledge, an applicant may opt to keep all or parts of the elements of traditional knowledge under secrecy. (3) Where two or more local communities that occupy the same territory have created and are in possession of identical or similar elements of traditional knowledge, they may register those elements individually, on behalf of each community. 117. (1) Ownership and other rights to traditional knowledge shall belong to the owner of the traditional knowledge. (2) Where traditional knowledge is collectively owned, rights over it shall be exercised and enjoyed collectively in accordance with cultural practices. (3) Notwithstanding subsection (2), local communities which have registered individually for similar or identical elements of traditional knowledge shall have the option to exercise and enjoy their rights over the traditional knowledge individually. (4) An applicant community which comprises of individuals from different countries including Botswana, shall have the right to register and acquire rights over traditional knowledge in Botswana and in the other countries. 118. The Registrar shall cause to be published in the Journal notice of registration of traditional knowledge which shall contain — (a) a summary of the registered traditional knowledge, where available; Registration of traditional knowledge Who may register traditional knowledge Rights conferred by traditional knowledge Notification of registration of traditional knowledge

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents