DEPARTMENT OF LAW
LAW AND SOCIAL RESEARCH METHODS (LAW135)
COPYRIGHT LAW IN BOTSWANA: HOW FAR DOES THE GOVERNMENT GO TO ENFORCE THE LAW
NAME: SAMUEL BOKANG PLAATJIE 201002810
SUPERVISOR: DR REKHA KUMAR
DATE OF SUBMISSION:
TABLE OF CONTENTS
CHAPTER ONE: INTRODUCTION
AIMS AND OBJECTIVES
PURPOSE OF THE STUDY
CHAPTER TWO: LITERATURE REVIEW
ROLES OF AUTHORITIES
Botswana Police Service
LEGAL FRAMEWORK ON COPYRIGHT LAW
IMPLICATIONS OF LEGISLATION
THE LAW ENFORCEMENT`S RESPONSE
COMPARATIVE STUDY ON THE ENFORCEMENT OF COPYRIGHT LAW BETWEEN ENGLAND AND BOTSWANA
CHAPTER ONE: INTRODUCTION
Botswana has gone a long way in terms of legislation in the field of Copyright Law. In the article “The development of modern copyright law in the SADC region: The case of Botswana” it was discussed; “By April 1998, Botswana had acceded to the TRIPS Agreement, the WIPO Convention 1970 and the Paris Convention 1883. In addition to these two Conventions, Botswana is a party to the Berne Convention for the Protection of Literary and Artistic Works 1886. Moreover, two other treaties were adopted in December 1996 under the auspices of WIPO, namely, the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Botswana has ratified both of them. Additionally, Botswana is a member of the African Regional Intellectual Property Organization (ARIPO). The ratification of these Conventions and Agreements placed an obligation on Botswana to revise the laws providing for the protection and regulation of copyright so as to bring the levels of protection and type of works protected in line with international standards. These reforms were introduced by the Copyright and Neighboring Rights Act 2000. This Act was recently amended by the Copyright and Neighbouring Rights (Amendment) Act 2005.” These findings concur on the first statement and prove that indeed Botswana has gone a long way in enacting modern legislation in the field of Copyright law. The main defect in the field of Copyright law lays in the ineffectiveness of law enforcement when dealing with matters of Copyright Infringement. Law enforcement in this context refers to the Botswana Police as they are responsible for enforcing the legislation and the Customs and Immigration departments as they regulate goods and people coming in and out of the country.The following study explores the gap between the Copyright legislation in place and the enforcement of this legislation by the authorities. AIMS AND OBJECTIVES
* To find out how far the government goes to enforce Copyright law.
* Well outline actions that constitute Copyright Infringement. * To find the government` s position on copyright infringement in terms of legislation. * To outline the law enforcement authorities roles in dealing with copyright infringement cases. * To identify and discuss incidents of Copyright infringement and Copyright law enforcement and how they were handled by the authorities. * To make recommendations for the effective enforcement of Copyright law.
The data for the research will be collected from newspaper articles, statutory law, interviews both oral and written. The newspaper articles will be used for reports on incidents of copyright infringement and the enforcement of the law by the authorities which involve police raids and seizures and all the other information relevant to the topic. Botswana newspapers will be used for local coverage on Copyright law and England newspapers will be consulted for the comparative study on Copyright law between Botswana and England. The oral interviews will be used to gather expert opinions and views on the...
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