A.69 (2) Any change in the ownership of a patent, a utility model certificate, the registration of an industrial design, mark or collective mark or in the ownership of an application therefor, shall have no effect against third parties unless it has been recorded by the Registrar in the appropriate register. (3) A change in ownership of the registration of a mark or a collective mark shall be invalid if it is likely to deceive or cause confusion particularly in regard to the nature, origin, manufacturing process, characteristics or suitability for their purpose, of the goods or services in relation to which the mark or collective mark is intended to be used or is being used. (4) Where a change in ownership concerns more than one registered right or more than one pending application of the same person, a single request shall be sufficient to record the change in respect of all of them provided that the parties involved are the same for all the registered rights and pending applications concerned, and the numbers of all the patents, registrations and applications concerned are indicated in the request. 129. (1) Any licence or agreement concerning a patent, a utility model certificate, a registered industrial design or registered mark, traditional knowledge or an application therefor shall have no effect against third parties unless it has been recorded in the appropriate register. (2) The provision of subsection 128 (2) shall apply to the recordation of licences in the register. 130. (1) Every person who makes an application under this Act for the grant or registration of a patent, utility model certificate, industrial design, mark, or collective mark, or of any other thing which may be applied for under this Act, and whose ordinary residence or principal place of business is outside Botswana, shall be represented by a legal practitioner who has been enrolled to practise in the courts of Botswana in accordance with the provisions of the Legal Practitioners’ Act or such other person as the Minister may prescribe. (2) Notwithstanding subsection (1), any interested person may, on his or her own behalf — (a) file an application for a patent or utility model for the purposes of the filing date; (b) pay any prescribed fee; and (c) receive a receipt or an attestation from the Office, in respect of a procedure referred to in paragraph (a) and (b). 131. (1) The Registrar may correct any clerical or other error — (a) in translation or transcription in any application filed under this Act; (b) in any document filed or lodged in pursuance of an application under paragraph (a); or (c) in any register maintained in pursuance of this Act. (2) Subsection (1) shall not be construed as giving the Registrar any power to correct or amend any application, document or register in any material manner. Licence contract Agents Cap. 61:01 Correction of errors

Select target paragraph3

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