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)
What are the different types of IPRs protected by IPR enforcement in Lesotho?
Copyright, Trademarks, Patent, Plant Varieties, Layout of Integrated Circuits, and Geographical Indications are the different types of IPRs protected by IPR enforcement in Lesotho.
What are the general IPR enforcement obligations in Lesotho?
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Which of the following IPR enforcement channels is/are available in Lesotho?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Lesotho?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Lesotho than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Lesotho?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Lesotho? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Lesotho for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Lesotho corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
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
Are there any other criminal remedies available in Lesotho than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Lesotho? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
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.
Are border control measures (customs) available in Lesotho for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Lesotho?
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.
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the costs of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
In such an instance, the customs authority may remove the goods from detention into domestic markets for commercialization.
Which are the best practices for enforcement of IPRs in Lesotho?
Court Proceedings
Are there any risks involved in the enforcement of IPRs in Lesotho? If yes, then kindly give 2-3 points.
