Abusive Conducts

Dominant businesses have a duty to avoid abusive conduct due to their effects on competitors and stakeholders. Examples of common abuses are:

Abuse of Dominance

Picture a bully that is bigger than you. That bully can use his/her/ their strength to overpower you and force you to do things that you do not want to do. That is what happens when a company abuses its dominance.

Market Dynamics

Competition drives the economic development of a country through the enhancement of growth and productivity. The Competition Act which establishes the Competition and Consumer Authority(“the Authority”), regulates the Botswana competition sphere for purposes of encouraging competition, amongst businesses whilst curbing anti-competitive practices like rigging, collusion and price fixing.

Patent Infringement

Once you have registered a patent over your invention you have a right. A patentee can institute court proceedings against any person who infringes the patent by using it, without such patentee’s consent or authorisation.

Acquiring a patent

Anyone who has an invention can apply for a patent. Joint inventors may jointly apply. One has to apply to the Registrar of Marks, patents and designs.

Patent Rights

The general rule is that the right to a patent belongs to the inventor. If two or more persons have jointly made an invention, then both of them have the right jointly.

Patents

A patent is a title granted to protect an invention, which is your idea as a creator. This means that you have the exclusive intellectual right over the invention. A patent can be used to stop others from replicating or selling your invention.