Lesotho’s IP system in crisis: Outdated laws and low awareness hinder innovation
MOSA MAOENG
MASERU – Lesotho continues to lag behind in Intellectual Property (IP) protection due to insufficient education, training, and public awareness, compounded by outdated legislation – including the Industrial Property Order of 1989.
This critical gap was highlighted by the Registrar General’s Office Crown Attorney, ’Mampoi Toloane, during her presentation at the National Workshop on IP for Innovative and Competitive Local Business, held from Thursday to Friday.
Toloane defined IP as “the creation of the mind”, encompassing literary and artistic works, designs, symbols, and commercial branding. However, Lesotho’s legal framework remains weak, relying on archaic laws such as the Constitution of Lesotho (Section 35(2) – Mandates protection for citizens’ scientific, literary, and artistic works.
There is also the Industrial Property Order of 1989, a 35-year-old law ill-suited for modern innovation as well as the Copyright Regulations of 2015 – a partial update but still insufficient.
With no major IP reforms in decades, businesses and creators face significant challenges in safeguarding their work. Experts warn that without urgent legal upgrades and nationwide IP education, Lesotho risks stifling innovation and economic growth.
She further differentiated between a patent and trademarks noting that a patent is an exclusive right granted for an invention, which is a product or a process that provides new technical solution to a problem whereas a trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
In closing, Toloane advised SMEs owners to identify their IP, register with the National IP office, to use non-disclosure agreements as well as monitor and enforce their Intellectual Property Rights.
Minister of Justice and Law, Richard Ramoeletsi, indicated that Small and Medium Enterprises (SMEs) are the bedrock of Lesotho’s economy, contributing significantly to employment, innovation, and GDP. However, he said to fully realize their potential, SMEs must recognize Intellectual Property as more than just a legal concept, but a strategic business asset.
He said whether through trademarks that build brands loyalty, patents that protect technological innovations or trade secrets that safeguard competitive advantages, IP can add value to one’s products and open doors to global markets.
He said: “I am aware that in the next two days you will discuss topics such as: Enhancing Business Competitiveness: Trademarks, Industrial Designs, and Trade Secrets, Innovation Management by Startups and SMEs, Leveraging Technological innovations in the marketplace through Patents and Utility Models: strategic use of technological information as well as case studies of IP Exploitation by Local Businesses.”
Ramoeletsi said those topics are carefully curated to address the gaps and opportunities in Lesotho’s IP ecosystem. He noted that the discussions will empower SMEs owners to; conduct IP audits, navigate international registration systems and explore licensing models; all critical for scaling your businesses.
He added that government remains steadfast in creating an enabling environment for SMEs, with a special focus on youth and women entrepreneurs.
He said job creation, especially for the youth, Prime Minister Ntsokoane Matekane’s priority, noting that as the reason his office has established and supports initiatives such as Sebabatso, to empower the youth and curb unemployment.
He said to this end, IP is one of the enablers to realising the prime minister’s goal.
In conclusion, he said through policies that streamline business registration, provide access to funding, and integrate IP education into entrepreneurial training – highlighting that government is laying the groundwork for a thriving innovation-driven economy.
Moreover, Registrar General, ‘Mamoretlo Mohapi, noted that the workshop is designed to equip local entrepreneurs with strategies to harness trademarks, patents, and trade secrets to build resilient, market-leading enterprises.
She said Lesotho’s businesses are brimming with creativity, yet many lack the knowledge to protect and leverage their innovations.
She said she hope the workshop will discuss some of the opportunities and challenges presented by frontier technologies, such as Artificial Intelligence, in the IP and business spaces.
These insights will empower you to; safeguard your brands and inventions, attract investors through strategic IP management and compete confidently in global markets.
