Is Custom Recordal of Intellectual Property Rights (IPRs) available in Lesotho?
Yes
Is Custom Recordal of IPRs compulsory in Lesotho?
Yes
*Where an application for custom recordation has not been made, it is the duty of the customs authority to inform the IP rights holder about the detention of such goods following which the IP rights holder is expected to make an application to the customers general within a time span of 03 days.
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Lesotho?
Yes
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Lesotho?
The Customs and Excise Act No 10 1982 - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Lesotho.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
It is the duty of the customs authority to inspect goods at the borders as well as detain them for further action until a decision is made by the court. Therefore, the role of the customs is to identify the goods of suspicious nature and report the same to both the counterparts - the infringer and the IP rights holder.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
The IP rights holder has to make an application in writing to the Commissioner General of the customs to detain, seize, or subject any goods suspected of infringing his or her intellectual property right in accordance with the provisions of the said act.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The applicant should submit sufficient information of the protected goods; describe the essential physical or distinctive features, elements, and characteristics of goods that might indicate that the goods are counterfeit. It should also be accompanied by an indemnity notice in case where the applicant indemnifies the Commissioner General against any liability that may arise from any action, proceeding, claim, or demand, which may be made or taken against the Commissioner General in providing the required assistance.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
Yes
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
There is no timeline; however, the same is notified to the applicant at the earliest.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Lesotho by land, sea, and air?
Yes, it is centralized.
Is there an online system for Custom Recordal in Lesotho?
What is the official fee for Custom Recordal in Lesotho?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
The date of termination of such an IPR has to be specified in the application being made. The recordal may be made for any span in between the time of recordal and the termination of the IPR.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Lesotho?
Yes
In which scenario does the customs department/authority suspend the clearance of imported goods?
Where the goods are found to be of infringing nature, the customs may suspend the clearance of goods.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant pays the liability and expenses related to the suspension of release of infringing goods. However, upon the institution of the suit in the court, the court may allow the applicant to be compensated.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Yes
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Yes
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Yes
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Within 10 days
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
Yes
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Within 10 days
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
The customs authority notifies the IP rights holder as well as the importer/exporter that the said goods are found infringing of IPRs. Thereafter, the rights holder or the importer/exporter may file a petition in the court to claim the respective reliefs.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Yes, where the intellectual property right has been trespassed against, the IP rights holder may file suit in the court of law to claim respective damages. In the event of failure to apply to the court for a finding in terms of the nature of the alleged infringing goods, the commissioner general shall terminate the detention of the goods.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Yes
Are there any disadvantages of Custom Recordal of IPRs in Lesotho? If yes, then kindly give 2-3 points?
No
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
Yes
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
The court may require the submission of a few documents to establish the true nature of the alleged infringing goods.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The court may order destruction of goods, impose a penalty of 50,000 Maloti, or imprisonment for a period not exceeding 10 years or both the fine and imprisonment.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?
