It is also perhaps for this reason that the IIPI has brought a legal heavyweight in the person of professor Justin Hughes, a professor of law who specializes in intellectual property and copyright law. He said that the new Botswana copyright says the artistic community of Botswana will have a copyright society, but leaves open to the community artistic how to organise the copyright society. This is where, with his experience gathered during many years of working within the industry, he comes in with his expertise. It will be useful for Batswana musicians to hear and learn what people do in other countries like South Africa, Burkina Faso and the United States of America, and then see how they can do it copyright here.
Order now Botswana has gone a long way in terms of legislation in the field of Copyright Law. Botswana has ratified both of them. The ratification of these Conventions and Agreements placed an obligation on Botswana to revise the laws providing for the protection and regulation of copyright so as to bring the levels Copyright law in botswana protection and type of works protected in line with international standards.
These reforms were introduced by the Copyright and Neighboring Rights Act The main defect in the field of Copyright law lays in the ineffectiveness of law enforcement when dealing with matters of Copyright Infringement.
Law enforcement in this context refers to the Botswana Police as they are responsible for enforcing the legislation and the Customs and Immigration departments as they regulate goods and people coming in and out of the country. The following study explores the gap between the Copyright legislation in place and the enforcement of this legislation by the authorities.
The newspaper articles will be used for reports on incidents of copyright infringement and the enforcement of the law by the authorities which involve police raids and seizures and all the other information relevant to the topic. Botswana newspapers will be used for local coverage on Copyright law and England newspapers will be consulted for the comparative study on Copyright law between Botswana and England.
The oral interviews will be used to gather expert opinions and views on the effectiveness of law enforcement on copyright law and suggestions on a way forward on the matter. Further the opinions of all those interviewed will be considered when drawing up the recommendations.
Intellectual property law is a widely complex and technical area of law and may require a certain level of intellect to comprehend.
Policemen in Botswana are not trained or educated in the specifics of Copyright Law and it subsequently becomes hard for them to know what exactly constitutes copyright infringement, which objects are copyright protected and the procedures in place for dealing with incidents of Copyright infringement.
The same applies to the Customs and Immigration Departments as they are the authorities regulating goods and individuals leaving and entering Botswana. The example below serves as a scenario.
Indigenous knowledge is protected under Copyright law and it may be in the form of traditional songs, traditional handicrafts and protected wildlife species.
Though there is legislation in place indigenous knowledge keeps going through our borders and a classical example is the Sengaparile herb which is originally a Tswana medicinal herb but is currently being produced commercially outside Botswana.
This raises the issue of whether Customs officials are aware of copyrighted goods coming in and out of our borders and furthermore whether they have procedures in place to identify shady individuals coming into the country in an effort to steal or distribute this copyrighted works and knowledge.
Kiggundu well outlined and elaborated the Copyright and Neighbouring rights Act and raised the question of level of knowledge of law enforcement personnel for the purpose of enforcing the legislation in place.
This study will identify the procedures currently adopted by the law enforcement authorities in combating copyright infringement and their defects in modern society.
Furthermore they have to prosecute these individuals in courts of law. The seizure of these goods has to be done with due process as provided for in Section 29 of The Copyright and Neighbouring Rights Act thus; Customs OfficialsSection 32 of the Act further provides the powers of Customs officials thus; Any goods imported into the country that are in contravention of the provisions of this Act, may be placed under an embargo, destroyed or otherwise disposed of as provided for under sections and of the Customs and Excise Duty Act.
Section provides for the destruction of goods thus; It can therefore be derived from the above provisions that it is the duty of the Customs officials to know which goods infringe Copyright, when to impound the goods, what to do with the impounded goods and when to involve the police for the purpose of enforcing the legislation in place.
Immigration officials The Immigration Act confers certain powers to the immigration officials that allow them to deny prohibited individuals into Botswana. In essence they are in the position to deny entry to individuals with the intention of stealing or bringing in infringed material into the country.
It is their duty to weed out these individuals and deny them entry into the country. CHAPTER FOUR LEGAL FRAMEWORK ON COPYRIGHT LAW The following material is Copyright protected as provided in Section 3 2 Copyright and Neighbouring Rights Act; a books, pamphlets, articles, computer programmes and other writings; b speeches, lectures, addresses, sermons and other oral works; c dramatic, dramatic-musical works, pantomimes, choreographic works and other works created for stage productions; d stage productions of works referred to in paragraph a and of expressions of folklore; e musical works with or without accompanying words; f audiovisual works; g works of architecture; h works of drawings, painting, sculpture, engraving, lithography, tapestry and other works of fine art; i photographic works; j works of applied art; and k illustrations, maps, plans, sketches and three-dimensional works relative to geography, typography, architecture or science.
Section 31 provides the Criminal Sanctions thus; 1 Any person who contravenes the provisions of this Act so as to infringe a right protected under this Act for profit shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding P20, or to imprisonment for a term not exceeding ten years or to both.
Section 32 of the Act outlines the powers of Customs officials thus 32 Any goods imported into the country that are in contravention of the provisions of this Act, may be placed under an embargo, destroyed or otherwise disposed of as provided for under sections and of the Customs and Excise Duty Act.
Though this piece of legislation is expressly intended to curb copyright infringement in practice that is not often the case.
The reality of it all is that like the police the Customs officials lack background information on some copyrighted goods and would not be able to identify some of the goods.
The Customs and excise Act mainly provides for the disposal on infringed material but lacks guidelines for ascertaining if goods are copyrighted or procedures for handling the goods.It's important to understand that copyright law covers the "form of material expression," not the actual concepts, ideas, techniques, or facts in a particular work.
This is the reason behind why a work must be fixed in a tangible form in order to receive copyright protection. In the article “The development of modern copyright law in the SADC region: The case of Botswana” it was discussed; “By April , Botswana had acceded to the TRIPS Agreement, the WIPO Convention and the Paris Convention In addition to these two Conventions, Botswana is a party to the Berne Convention for the Protection of Literary and Artistic Works Any work originating in Botswana, where the author of the work is a national of Botswana or the work was first publised in Botswana, is given the same copyright protection in each of the other Berne Convention member countries.
Full Service Law Firm in Gaborone, Botswana + A Firm committed to providing a proactive, efficient and transparent approach to clients national and international by offering a world class service through excellent service delivery, knowledge and competence in all field of law. Botswana's new industrial property act, which came into force earlier this month, has been applauded by IP commentators as an important step in the development of a strong IP system that is in line with international trends.
Copies of the new law and implementing regulations are below. Intellectual Property refers to the creations of the mind or a body of law whereby the government awards exclusive economic rights to artists and inventors in their creations, in order to stimulate technically and socially valuable and innovative contributions to society.