A.49 (2) The Minister may, after hearing the owner of the layout design and any other interested person wishing to be heard, authorise the importation of any product covered by the layout design. (3) The authorisation to import any products covered by the layout design shall be predominantly for the supply of the domestic market in Botswana. (4) Upon the request of the owner of the layout design or of any person authorised by the Minister to import the layout design, the Minister may, after hearing the parties, vary the terms of the decision authorising the importation of the layout design to the extent that those changed circumstances justify. (5) Upon the request of the owner of the layout design, the Minister shall revoke his or her decision if he or she is satisfied, after hearing the parties wishing to be heard, that the circumstances which led to the Minister’s decision have ceased to exist and are unlikely to recur, or that the person authorised by the Minister has failed to comply with the terms of the authorisation. (6) Notwithstanding the provisions of subsection (5), the Minister shall not terminate the authorisation if he or she is satisfied that the need for the adequate protection of the legitimate interest of the person designated by him or her justifies the maintenance of his or her decision. (7) The authorisation to import products under a layout design shall not exclude — (a) the conclusion of licence contracts by the owner of the design; or (b) the continued exercise, by the owner of the design, of his or her rights under section 69. (8) An application for the Minister’s authorisation to import products under a layout design shall be accompanied by evidence that the owner of the layout design has received, from the person seeking that authorisation, a request for a contractual licence, but that person has been unable, within a reasonable time, to obtain such a licence on reasonable commercial terms and conditions. (9) Any person aggrieved by the decision of the Minister may appeal to the High Court against that decision. PART VIII – Marks, Collective Marks and Trade Names 74. (1) The exclusive right to a mark under this Act shall be acquired by registration in accordance with the provisions under this Part. (2) A mark shall not be registered if it is — (a) incapable of distinguishing the goods or services of one enterprise or business from those of another enterprise or business; (b) contrary to public order or morality; (c) likely to mislead the public or trade circles, in particular as regards the geographical origin of the goods or services concerned, or their nature or characteristics; Acquisition of exclusive right to mark