November, 2022 - Minchin & Kelly (Botswana)

Botswana Intellectual Property Policy, 2022 (“BIPP”)

The Botswana Intellectual Property Policy, 2022 (“BIPP”), a government policy initiated by the Companies and Intellectual Property Authority (“CIPA”), was launched on the 16^th of November 2022. The BIPP highlights the scope of intellectual property (“IP”) in Botswana, recognises new IP categories and navigates the landscape of domestic law, international conventions, protocols, and treaties. It focuses on, among other things, financing for IP creation and commercialization, IP entrepreneurship & enterprise development, and the strengthening of IP negotiation structures. The BIPP essentially addresses challenges of harnessing Botswana’s IP potential and provides an institutional structure for IP. The BIPP is due to be implemented in February 2023 and is sure to usher in a new appreciation for IP law in Botswana.

Minchin Kelly 22/11/2022 Property Law, Regulatory

The Income Tax (Superannuation Funds) Regulations No. 147 of 2022

The Income Tax (Superannuation Funds) Regulations No. 147 of 2022 (“the Regulations”) were signed by the Minister of Finance on October 25, 2022. The Regulations came into effect on 11 November 2022. One of the significant changes brought about by the Regulations is that the rules of a pension fund may now allow a retiree to withdraw up to 50% of his or her pension at retirement. Previously, a retiree was only allowed to withdraw up to 33.5%. Furthermore, an employee who is a member of pension funds where his or her employer contributes at least 51 percent of total contributions may now retire at any time after the age of 45, provided his or her employer approves same.

Minchin Kelly 17/11/2022 Legislation, Regulatory

Transfer Duty (Amendment) Act – Special Economic Zone Exemption

On the 29^th September 2022, Parliament passed the Transfer Duty (Amendment) Act No. 40 of 2022, which exempts holders of licenses under the Special Economic Zones Act from paying transfer duty for property acquired for the purpose of carrying on business in the economic zone approved in the license. The amendment shall come into effect on notice issued by the Minister of Finance published in the Government Gazette.

Minchin Kelly 04/11/2022 Regulatory