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Enforcement of IPRs in Lesotho


Enforcement of IPRs
Lesotho has not recorded any presence of counterfeit goods as also witnessed in the OECD/EUIPO Report.
Lesotho has not recorded any presence of counterfeit goods as also witnessed in the OECD/EUIPO Report.
They are as follows:
  • The Companies Act, 2011 (Act No. 18 of 2011)
  • Lesotho Telecommunications Authority Amendment Act 2001
  • Lesotho Telecommunications Authority Regulations, 2001, Lesotho Telecommunications Authority (Administrative, Procedural and Service Provision) Rules 2000
  • Lesotho Telecommunications Authority Act 2000
  • Industrial Property Order 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
  • Lesotho Labour Code (Order No. 24 of 1992)
  • The Copyright Order 1989 (Order No.13 of 1989)
  • The Industrial Property Regulations 1989
  • The Customs and Excise Act, 1982 (Act No. 10 of 1982)
  • The Historical Monuments, Relics, Fauna, and Flora (Act No. 41 of 1967)
Copyright, Trademarks, Patent, Plant Varieties, Layout of Integrated Circuits, and Geographical Indications are the different types of IPRs protected by IPR enforcement in Lesotho.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
A) Responsible Authority - Magistrates Court, High Court, the Court of Appeal
B) Imprisonment Term - Trademarks, Patents, and Industrial Designs: up to 10 years; and Copyright: up to 05 years
C) Monetary Fine - Trademarks, Patents, and Industrial Designs: Up to M10, 000; and Copyright: M12, 000
Considering the fact that ADR is said to be voluntary, especially in the case of mediation, parties usually come to negotiation to resolve the disputes; however, in Lesotho, this is not often observed. Despite such fact, where the parties agree to resort to ADR techniques, they may do so.
The remedies available under border control measures (customs) in Lesotho include detention and destruction of goods, in the instance, where the rights holder uses the personal information of the affected person without his approval, he shall be punishable with a fine not exceeding 50,000 Maloti or imprisonment not exceeding 10 years or both fine and imprisonment.
The applicant must bear the costs of customs intervention during enforcement.
In such an instance, the customs authority may remove the goods from detention into domestic markets for commercialization.
Court Proceedings