Trademark Protection Takes Center Stage in Botswana as INTA Co-Hosts Seminar

Published: May 26, 2021


Maxim Hristov PETOSEVIC Bulgaria Sofia, Bulgaria Enforcement Committee—Judicial Administration and Trademark Litigation Subcommittee

Amid the ongoing and extensive revision of Botswana’s intellectual property (IP) laws, INTA and the Companies and Intellectual Property Authority (CIPA) recently hosted a seminar to provide the Authority’s trademark officials with insight and best practices on trademark protection in the European Union and India.

INTA Enforcement Committee members Maxim Hristov (PETOŠEVIĆ, Bulgaria) and Mamta Rani Jha (Inttl Advocare, India) provided the EU and Indian perspective, respectively, at the seminar, which took place virtually on April 28 and 29.

Mr. Hristov covered the possible routes for trademark protection in the EU (such as Benelux, EU, Madrid System, and national level) and EU trademark registration procedures. He also noted the currently registrable signs accepted by the EU Intellectual Property Office (EUIPO) and shared some examples of each type.

Ms. Jha guided participants through some key concepts of India’s trademark law, including registration requirements, the registration procedure in its legislative context, and the types of trademarks that exist in India. She also provided some prominent examples of Indian trademarks.

Both presenters elaborated on the concepts of well-known trademarks in the EU and India, respectively.

With Botswana planning to implement opposition/cancellation proceedings as part of the revision of its IP laws, the speakers gave special focus to these mechanisms in the two jurisdictions and compared the grounds for opposition/cancellation and the applicable procedures before the EUIPO and in India.

During a discussion on enforcement mechanisms, Ms. Jha offered some insights into India’s mixed civil and common law legislative system and explained the Indian legislative approach to the protection against a variety of infringements, including those committed online. This was then compared with the EU. In this regard, Mr. Hristov described enforcement mechanisms introduced through Directive 2004/48/EC (the Enforcement Directive or IPRED).

The seminar was the second in a series of events organized by INTA and CIPA as Botswana seeks to implement sweeping changes to its IP laws, which may include a new IP judiciary. On the latter, last year INTA’s Enforcement Committee issued a research paper on several specialized IP courts in the EU, and the Association held an online discussion with CIPA experts following the report’s publication.

INTA and CIPA started the training series of CIPA staff in April with trademark examinations procedures, International Classifications, and now enforcement. The groups plan to conduct additional training on other topics in the coming months (dates to be confirmed).

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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