The law governing intellectual property in Lesotho is the Industrial Property Order no. 5 of 1989, last amended by Act no. 4 of 1997 and the Industrial Property Regulations, 1989.

Lesotho became a member of the Paris Union on 28 September 1989 when the Paris Convention entered into force.

Lesotho has also acceded to the Banjul Protocol of ARIPO. However, ARIPO trademark registrations designating Lesotho may have no force or effect in Lesotho. Lesotho is a common law country, where it is generally held that “an international agreement can only become part of the domestic law of a subscribing country when it has expressly been enacted into that national law by an Act of Parliament”. There are no specific provisions under its national law for compliance with its obligations under the Banjul Protocol. The Industrial Property Order of 1989, does however contain a general clause, section 44, that reads as follows: ‘The provisions of any international treaty in respect of the industrial property to which Lesotho is a party shall apply to matters dealt with by this Order and, in case of conflict with the provisions of this Order, the provisions of the international treaty shall prevail.’ However, as Lesotho is a common law country, this general clause cannot overcome the requirement that, in order for an international treaty to have effect in Lesotho, it must be expressly and specifically transformed into municipal law by the enactment into the national legislature. Because Lesotho’s obligations in terms of the Protocol have not been enacted into domestic law by the national legislature, ARIPO trademark registrations designating Lesotho can have no force or effect in Lesotho. This lack of enforceability is confirmed by the fact that the Registry does not examine or keep any proper record of ARIPO trademark applications designating Lesotho.

Lesotho has also acceded to the Madrid Agreement and Protocol of WIPO. As mentioned above, the Industrial Property Order of 1989 does contain a general clause (Section 44) that says that provisions of international intellectual property treaties to which Lesotho is a party shall apply to matters dealt with in the legislation, but this does not overcome the requirement that, in order for an international treaty to have effect in Lesotho, it must be expressly and specifically transformed into municipal law through enactment by the national legislature. As a result, we hold the view that International Trade Mark Registration is neither valid nor enforceable in Lesotho.

Trademark protection is obtained by national registration.