A trademark is a word, shape, sign, symbol, phrase, design, or any combination of the aforementioned, used to identify a specific good or service in the market, the mark is traditionally fixed on the goods or services

The Industrial Property Act1 (the IPA) was designed to protect industrial property in Botswana by conferring rights to the relevant industrial property rights holders. The IPA gives effect to international conventions and treaties, in ensuring the protection of industrial property rights

A patent is defined as a title granted to protect an invention. 1 For a patent to be protected under the IPA2 , certain requirements must first be met.

The legislation that governs copyright protection is the Copyright and Neighbouring Rights Act1 (the C&NRA). In terms of section 3 (1) of the C&NRA, literary and artistic works are not protected unless they are original intellectual creations.