(3) Measures Directly Affecting Exports

(iv) Intellectual property protection

1. Overview

1. 
   Lesotho's intellectual property legislation has not changed since its last Review in 2003.⁸¹ The Registrar General's office in the Ministry of Law and Constitutional Affairs is the focal point for all intellectual property issues.
   
2. 
   Lesotho is a signatory to the WIPO Convention; the Paris Convention on Industrial Property; the Berne Convention on Literary and Artistic Works; Article 3 bis of the Madrid Convention on Registration of Marks; the Rome Convention on Protection of Performers; and Patent Cooperation Treaty. Lesotho is also a member of the African Regional Industrial Property Organization (ARIPO).
   
3. 
   As a least developed country, Lesotho is not required to notify its legislation under the WTO TRIPS Agreement until 1 July 2013.⁸² Lesotho benefits from the waiver for least developed countries in respect of the obligation under Article 70.9 of the TRIPS Agreement (protection of existing subject matter).
   
4. 
   The Government has established an interministerial committee to review intellectual property issues and the TRIPS Agreement. It comprises representatives of the Ministry of Law and Constitutional Affairs; MTICM as the focal point for all WTO issues; Ministry of Agriculture and Food Security; Ministry of Science and Technology; and the Lesotho Association of Inventors.
   

1. Patents, industrial designs, trade marks, and utility models

   1. 
      The Industrial Property Order (IPO) of 1989, as amended in 1997, covers patents, industrial designs, marks, collective marks, trade names including marks "well known in Lesotho", and utility models. Patents are granted for 15 years, extendable by five years; industrial design marks for five years, extendable for two successive periods of five years; and trade mark rights for ten years, extendable for consecutive periods of ten years. Utility model certificates are not extendable. The IPO of 1989 provides for compulsory licences. There are no explicit restrictions on parallel imports since they are not covered under the IPO.
      

2. Copyright and related rights

   1. 
      Copyright protection covers works of Lesotho-based resident authors, and works first published in Lesotho regardless of the nationality or residence of their authors; performers who are nationals of Lesotho, and performances taking place, fixed in a phonogram or broadcast in Lesotho; performers, phonograms, and broadcasts originating in foreign countries prescribed by the Minister of Law and Constitutional Affairs; unpublished works and works first published by foreign authors or in foreign countries if the country in question grants similar protection to Lesotho; and expressions of foreign folklore, foreign authors, performers, phonograms, and broadcasts.
      
   2. 
      The IPO defines the substance of copyright as the economic and moral rights of the author of a protected work (original or derivative). Works are protected for the life of the authors plus 50 years; cinema and audiovisual works for 50 years from the making of the work or its communication to the public. Other provisions include authorization and contract for the use of works, use of works in the public domain, expressions of folklore, neighbouring rights, authorization by performers, protection of phonograms, and other relevant procedures. The Order created a Society of Authors and Artists and a register (and registrar) of works, and established civil remedies and sanctions, including fines and imprisonment.
      

3. Geographical indications, integrated circuits, and new plant varieties

   1. 
      A Bill on geographical indications, based on the WIPO Model Law, has received Government approval and is before Parliament. Conditions for protection of integrated circuits and undisclosed information are under discussion, as is legislation on new plant varieties, on the basis of the UPOV Model Law. Lesotho has no specific legislation concerning genetically modified organisms, although it has accepted GM foodstuffs as part of food aid.
      

4. Enforcement

   1. 
      The IPO contains provisions for both civil and criminal remedies for owners of patents and other rights, including fines ranging up to M 10,000 and imprisonment for up to ten years or both. Lesotho still has fragmented laws dealing with enforcement of IPR and lacks well trained law‑enforcement officials. Lesotho encounters many IPR enforcement difficulties, notably pirated and counterfeit goods, mostly related to the music industry, such as CDs and DVDs. According to the authorities, an IPR coordination unit on enforcement is to be established.
      
   2. 
      Lesotho requires technical assistance on IPR issues, including for training of officials and amendment of its legal framework (Chapter II(4)(ii)).