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Custom Recordal of IPRs in Lesotho

Lesotho

Custom Recordal of IPRs
Yes
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.
Yes
The Customs and Excise Act No 10 1982 - forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Lesotho.
Custom Recordal of IPRs is effective both on the import and export of goods.
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.
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.
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.
Yes
There is no timeline; however, the same is notified to the applicant at the earliest.
Yes, it is centralized.
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.
Yes
Where the goods are found to be of infringing nature, the customs may suspend the clearance of 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.
Yes
Yes
Yes
Within 10 days
Yes
Within 10 days
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.
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.
Yes
No
Yes
The court may require the submission of a few documents to establish the true nature of the alleged infringing goods.
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.
Yes