Exercise of discretionary powers
41. The Registrar shall give any party to a proceeding before him an opportunity of
being heard before exercising adversely to that party any discretion vested in the Registrar by
this Order or the regulations.
Competence of High Court, appeals
42.—(1) The High Court shall have jurisdiction in cases of dispute relating to the
application of this Order and the regulations and in matters which under this Order are to be
referred to the court.
(2) Any decision taken by the Registrar under this Order, in particular, the grant of a
patent or of a utility model certificate or a certificate of registration of an industrial design or
of a mark or collective mark, or the rejection of an application for such a grant or registration,
may be the subject of an appeal by any interested party before the High Court and such appeal
shall be filed within two months of the date of the decision.
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.
International applications
43A.—(1) An international application designating Lesotho shall, subject to this
section, be treated as an application for a patent or a utility model certificate filed under this
Order having as its filing date the international filing date accorded under the Patent
Cooperation Treaty.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
page 25/28