A.47 (3) If an applicant fails to comply with any request made by the Registrar under subsection (2), his or her application shall be treated as though it had never been filed. 68. (1) Where the application complies with the requirements of section 66, and the Registrar is satisfied that the requirements of this Act have been fulfilled, the Registrar shall register the layout design. (2) Where the Registrar registers a layout design, the Registrar shall, within such time as may be prescribed — (a) issue, to the applicant, a certificate of registration of the layout design; (b) record the number, title, filing date and any other details pertaining to the layout design in the register; and (c) publish, in the Journal, a reference to the registration of the layout design. (3) An application which, owing to any default or neglect on the part of the applicant, has not been completed for the registration to be effected within the prescribed period shall be deemed to have been abandoned. 69. (1) The registration of a layout design confers on its registered owner the right to prevent third parties who do not have the owner’s consent from exploiting the layout design in Botswana, and in particular, from making, importing or selling any article bearing or embodying the registered layout design or a layout design not substantially different from the registered layout design. (2) For the purposes of this section, exploitation of a registered layout design means the doing of any act specified in subsection (1) including — (a) reproducing, whether by incorporation in an integrated circuit or otherwise, a protected layout design in its entirety or any part thereof, except the act of reproducing any part that does not comply with the requirement of originality referred to in section 65; and (b) importing, selling or otherwise distributing for commercial purposes a protected layout design or an integrated circuit in which a protected layout design is incorporated. (3) If two or more persons have created a layout design jointly, the right to that layout design shall belong to them jointly. (4) The right to a layout design may be transferred by cession, assignment, testamentary disposition or by operation of law. (5) The provisions of section 11 shall apply to layout designs. (6) Protection of a layout design shall not depend on whether or not the integrated circuit which incorporates the protected layout design is itself incorporated in an article. 70. (1) The exclusive rights conferred by registration of a layout design shall not extend to the acts specified in section 25 (1) (a), (b), (c), (i) and (j). (2) Where a third party, on the basis of evaluation or analysis of the protected layout design, creates a layout design that is original as provided in section 65, that third party may incorporate such layout design in an integrated circuit or perform any of the acts referred to in subsection (1) in respect of that layout design without being regarded as infringing the protected layout design. Registration of layout design Rights conferred by registration Exceptions to rights conferred by registration