Database

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BOTSWANA

Since April 2000, last amended in October 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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

Since September 2015

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Service and Application License Terms and Conditions (2015) granted under the Communications Regulatory Authority Act
Clause 15.5 of the Service and Application License terms and conditions states that all accounts and records of the licensee providing electronic communication services under the Communications Regulatory Authority Act (No. 19 of 2012) must be kept in secure locations and formats to ensure their preservation. Performance-related data must be retained for at least one year, and all financial records must be retained for at least five years.
Coverage Telecommunication sector

BOTSWANA

Reported in 2021, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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

Since January 2005

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

BOTSWANA

Since January 2005

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

BOTSWANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar 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  |  Sub-pillar Signatory of the World Trade Organization (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

BOTSWANA

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Botswana Telecommunications Corporation Limited Constitution
The Botswana Telecommunications Corporation Limited (BTCL) is a telecom company and was formerly a government parastatal. According to Clause 6.2 of the Constitution of the BTCL, no shares shall be issued to foreigners. Therefore, foreigners cannot own shares in this telecommunications company, which is also the only listed telecommunications company in Botswana.
Coverage Telecommunications sector

BOTSWANA

Since August 2019, entry into force in June 2020
Since May 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Trade Act, 2019

Trade Regulations, 2020
Art. 17 of the Trade Act grants the Minister the authority to designate specific trades or businesses as exclusively reserved for citizens of Botswana or companies wholly owned by Botswana citizens. In line with Section 24 of the Trade Regulations, the businesses reserved for locals include, among others, cell phone shops and internet cafés. However, joint ventures between citizens and non-citizens may be approved by the Minister responsible for medium and large enterprises.
Coverage Cell phone shops and internet cafés

BOTSWANA

Since July 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Companies Act, 2007
Section 145 of the Companies Act provides that a public company shall have at least two directors, and a private company shall have at least one director who shall be ordinarily resident in Botswana.
Coverage Horizontal

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