Legislative Implementation of Flexibilities - Lesotho

Title:	Section 43 of the Industrial Property Order of 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
Field of IP:	Patents
Type of flexibility:	Criminal sanctions for patent infringement
Summary table:

Provisions of Law

Infringement, unlawful acts, offences

43.-(1) Subject to sections 13(3) and (5), 15, 24(2) and 29(3), an infringement shall consist of the performance in Lesotho, by any person other than the owner of the title of protection, without the agreement of the latter, of any act referred to in sections 13, 24 and 29.

(2) On the request of the owner of the title of protection, or of a licensee if he has requested the owner to institute court proceedings for a specific relief and the owner has refused or failed to do so, the court may grant an interdict to prevent infringement, an imminent infringement, or an unlawful act referred to in sections 33(2) and (3) and 34, award damages and grant any other remedy provided for in the general law.

(3) On the request of any competent authority or any interested person, association or syndicate, in particular, of producers, manufacturers or traders, the court may grant the same relief in case of an act of unfair competition referred to in section 34.

(4) Any person who performs an act which constitutes an infringement as defined in subsection (1) or an unlawful act as defined in section 33(2) and (3), and section 34, commits an offence and is liable to a fine of M10,000 or to imprisonment for a term of 10 years or to both.