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BOTSWANA

Since October 2003

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Botswana is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BOTSWANA

Since April 2000, last amended in October 2006

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright and Neighboring Rights Act, 2000 (Chapter 68:02, as amended by Act No. 6 of 2006)
Botswana has a copyright regime under the Copyright and Neighbouring Rights Act 2000. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section 12 lists the exceptions, which include private reproduction for personal purposes, reproduction for teaching, reprographic reproduction by libraries and archives, reproduction, broadcasting and other communications to the public for information purposes, importation for personal purposes and temporary reproduction, amongst other things. In addition, Section 3 of the Act lists the types of works that would be protected, including computer programs. Furthermore, Section 36 provides that the provisions of any international treaty with respect to copyright and related rights to which Botswana is a party shall apply. Botswana is a signatory to the TRIPS Agreement, which has incorporated the Berne Convention.
Coverage Horizontal

BOTSWANA

Reported in 2021, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright enforcement online in Botswana is inadequate. Reports indicate that piracy and content theft in Botswana primarily take the form of online broadcast piracy, which entails using video and audio content without the permission of the rights holders.
Coverage Horizontal

BOTSWANA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Botswana is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

BOTSWANA

Since January 2005

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Botswana has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

BOTSWANA

Since November 2021
Since March 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Public Procurement Act, 2021

Public Procurement Regulations, 2023
Section 76 of the Public Procurement Act stipulates that, except as otherwise provided under this Act, all works, services, and supplies procurement should be reserved for a citizen or national contractor. In particular, certain procurement activities are reserved for local producers or suppliers. These include:
- Procurement activity offered only by a fully national-owned MSME;
- Goods manufactured locally by a fully national contractor;
- Services provided by a citizen or a fully national contractor;
- A procurement activity intended to promote innovation, local technology, and the commercialisation of the procurement activity; and
- The creation of jobs, capacity-building, and skills transfer.
Further details about reservation schemes can be found in Regulation 88 of the Public Procurement Regulations.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a different reservation scheme. Section 71 of the repealed Act provided that reservation schemes applied to procurement of the following nature: low complexity; limited scale; repetitive in nature; having a financial ceiling; open only to citizen contractors; and based only on competition among the eligible contractors in the classification in question.
Coverage Horizontal

BOTSWANA

Since January 2005

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Botswana has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

BOTSWANA

Since November 2021
Since March 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Public Procurement Act, 2021

Public Procurement Regulations, 2023
In accordance with Art. 53 of the Public Procurement Act, domestic bidding should be employed, unless otherwise prescribed. Further details regarding selection and procurement methods can be found in Part IV of the Public Procurement Regulations. Open domestic bidding is defined as a procurement method open to participation on equal terms by all service providers domiciled in Botswana.
Coverage Horizontal

BOTSWANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of effective protection of trade secrets
Botswana does not have any regulation on trade secrets. The area is usually left to common law, usually invoked in the courts. The common way in which trade secrets are protected is through the use of non-disclosure agreements (NDAs) and contracts.
Coverage Horizontal

BOTSWANA

Since November 2021
Since March 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2021

Public Procurement Regulations, 2023
Section 72 of the Public Procurement Act establishes price preference schemes for citizens and citizen contractors in accordance with the government's economic and social objectives. Further details regarding preference schemes can be found in Part X of the Public Procurement Regulations. The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained the same measure in Section 66.
Coverage Horizontal

BOTSWANA

Since November 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2021
Section 80 of the Public Procurement Act stipulates that a preference may apply for supplies of any product produced in Botswana. The degree of preference may vary depending on the percentage of value addition or local content. The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a similar measure in Section 75.
Coverage Horizontal

BOTSWANA

Since November 2021
Since March 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2021

Public Procurement Regulations, 2023
In accordance with Section 81 of the Public Procurement Act, primary contractors, whether domestic or foreign, may be required to engage citizen subcontractors as part of their bid submission or during the execution of a bid award. Additionally, Regulation 86 of the Public Procurement Regulations stipulates that when a primary contractor enters into a contractual arrangement with a citizen subcontractor under Section 81 of the Act, a margin of preference shall be applied to the evaluated tender price. Furthermore, Section 97 of the Public Procurement Regulations specifies that when a procuring entity considers subcontracting feasible, it should facilitate this to enhance the skills and contracting capacity of fully citizen-owned micro, small, and medium enterprises. In such cases, the primary contractor is required to subcontract a portion of the total value of works, services, or supplies to a citizen, citizen contractor, or local contractor.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a similar measure in Section 76.
Coverage Horizontal

BOTSWANA

Since November 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2021
According to Art. 92 of the Public Procurement Act, a contractor who intends to bid for a procurement may apply to the Authority to be listed in the Contractors' Register. To do so, the contractor should be licensed under the relevant laws of Botswana and domiciled in the country. The authority shall review the Contractors' Registry every five years and delete any contractor who has not applied for a renewal of the certificate registration.
Coverage Horizontal

BOTSWANA

Since March 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2023
In accordance with Section 85 of the Public Procurement Regulations, procuring entities must include a mandatory provision in tender documents requiring successful bidders to transfer technological or other skills to citizens or local contractors. This transfer is to be achieved through training, mentoring, and active participation. Additionally, the tender document must reserve employment opportunities for citizens in works, consultancy services, and non-consultancy services, including positions at the professional and management levels.
Coverage Horizontal

BOTSWANA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Botswana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

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