After a decade of discussion, this legislation has been passed. The date of commencement of the Act was the 1st January 1997. Important aspects of the amendment are:

Restrictions on the rights of admission and practise in Botswana of foreign nationals. In essence, foreigners will only be able to be admitted as legal practitioners where they are able to convince the High Court that (a) they are or intend to be permanently resident in Botswana and (b) that their own country allows reciprocal rights to Batswana. Foreign advocates (barristers) will be able to be admitted to appear in the High Court on an ad hoc, case to case, basis upon the Chief Justice being convinced that a particular matter is of such importance and the foreign advocate has such expertise as to warrant admission.

Newly qualified lawyers will have to serve pupillage under an experienced local attorney before being admitted to practise.

The long awaited Law Society of Botswana, with compulsory membership, is established and charged, inter alia, with the disciplining of the profession which has hitherto been the obligation of the Attorney-General.

Attorneys' Trust accounts are to be audited annually.

Fidelity Fund is established.

This Act is welcomed as an important step towards correcting certain abuses which have developed in the legal profession and, just as importantly, in providing the profession with a forum through which it can effectively educate itself and the public, lobby government and the courts.

The first Council of the Law Society has been elected and has already made its mark by crossing swords with the Honourable Chief Justice at the opening of the legal year for 1997.

THE INTELLECTUAL PROPERTY ACT

This act, relating to patents and trade marks, fulfils Botswana's obligations as a signatory to the Paris Conventions. The date of commencement was August 1996. Hither to, Botswana has maintained a "secondary register" in which patents and marks previously registered in the United Kingdom or Republic of South Africa could be recorded to provide protection in Botswana. Under the new act, Botswana will have a registry of the first instance. The act is modelled on WIPO provisions. Unfortunately, however, with the coming into force of the new act and repeal of the old act the authorities failed to promulgate regulations under the new legislation. This has effectively blocked the registration of new patents and marks in Botswana. Marks and patents registered in the United Kingdom can, under transitional provisions in the legislation, still be recorded in Botswana. Minchin & Kelly (Botswana) has entered into a relationship with Adams and Adams, a leading firm of South African patent and trade mark attorneys, and can provide up to date specialised advice on all intellectual property matters.

The content of this article is intended to provide general information on the subject matter. It is not therefore a substitute for specialist advice.

Minchin & Kelly (Botswana) - Gaborone +267 312734