Protecting intellectual property is central to safeguarding brand value, innovation, and commercial goodwill. In Lesotho, intellectual property (“IP”) rights are protected through a structured legal framework that supports both local creators and foreign investors operating in or through the Kingdom.
Lesotho maintains a fully functioning IP system that is frequently relied upon by businesses expanding within Southern Africa, particularly given the country’s close economic integration with South Africa. While the legal framework is established, it presents distinct local and regional considerations that make informed, jurisdiction-specific advice essential.
Mayet & Associates Attorneys advises individuals, entrepreneurs, and multinational companies on the registration, management, enforcement, and commercialisation of intellectual property rights in Lesotho, with a strong focus on practical enforceability and long-term protection.
Overview of Intellectual Property Rights in Lesotho
Lesotho law recognises and protects the following principal categories of intellectual property: copyright, trade marks, patents and industrial designs.
Each category is governed by specific legislation, supported by regulations and influenced by international treaties to which Lesotho is a party. Although regional and international filing systems play an important role, local registration remains critical for effective enforcement.
Copyright Protection in Lesotho
Copyright in Lesotho is governed by the Copyright Order of 1989. Protection arises automatically upon the creation of an original work and does not require formal registration.
Protected works include literary works, artistic works, musical works, cinematographic works and computer programs. Copyright grants the owner exclusive rights to reproduce, distribute, adapt and commercially exploit the work, subject to statutory limitations and exceptions. While registration is not required, evidentiary and contractual measures are often essential in enforcement and licensing disputes.
Trade Mark Protection in Lesotho
Trade mark registration is the most commonly utilised form of intellectual property protection in Lesotho, particularly for businesses operating across borders.
A trade mark is any sign capable of distinguishing the goods or services of one undertaking from those of another. Protection is governed by the Industrial Property Order of 1989, read with the applicable regulations.
Trade Mark Classification System
Lesotho applies the Nice International Classification of Goods and Services and operates a multi-class filing system. This allows a single trade mark application to cover multiple classes, offering significant efficiencies for brand owners with diversified offerings.
Multi-class filings reduce administrative duplication and simplify portfolio management, making Lesotho an attractive jurisdiction for strategic brand protection.
Convention Priority Claims
Lesotho recognises convention priority under international agreements, including the Paris Convention. To validly claim priority, the Lesotho application must be filed within six months of the priority filing date, and a certified copy of the priority application must be lodged within three months from the Lesotho filing date. Failure to comply with these timeframes may result in the irrevocable loss of priority rights.
Examination and Prosecution Process
Trade mark applications undergo both formal examination, assessing procedural compliance, and substantive examination, including registrability and conflicts with earlier rights. Lesotho applies relative grounds for refusal, meaning that prior registered or pending trade marks may affect the registrability of a new application.
Publication and Opposition Proceedings
Once accepted, a trade mark application is published in the Official Gazette for opposition purposes. The opposition period is three months from the date of advertisement. Extensions of time may be granted at the discretion of the Registrar of Trade Marks. Opposition and cancellation proceedings are an important enforcement tool for brand owners seeking to protect existing rights.
Term of Protection, Renewal and Non-Use
A registered trade mark in Lesotho is valid for an initial ten-year period from the filing date and may be renewed indefinitely for further ten-year periods. Lesotho provides a six-month grace period for late renewals, subject to penalties. Registered marks may become vulnerable to cancellation after three years of non-use, highlighting the importance of active commercial deployment and portfolio monitoring.
International Trade Mark Protection and Treaties
Lesotho is a signatory to several key international instruments, including the Paris Convention for the Protection of Industrial Property, the Madrid Protocol and the Banjul Protocol. However, Lesotho has not yet fully incorporated the Madrid or Banjul Protocols into domestic legislation. This creates uncertainty regarding the enforceability of trade marks registered solely through international or regional systems such as WIPO or ARIPO.
While priority claims are recognised, domestic trade mark registration in Lesotho remains the most reliable route to enforceable protection.
Strategic Importance of Trade Mark Registration in Lesotho
Given Lesotho’s geographic position and economic relationship with South Africa, trade mark registration in Lesotho is often a strategic necessity rather than an afterthought. For businesses operating regionally, proactive registration reduces enforcement risk, prevents opportunistic filings and strengthens commercial certainty in licensing, franchising and distribution arrangements.
Patents and Industrial Designs
Lesotho law provides protection for patents, covering new inventions involving an inventive step and industrial applicability, and industrial designs, protecting the aesthetic or ornamental features of a product. Registration confers exclusive rights and enables rights-holders to prevent unauthorised commercial exploitation. Patent and design protection is particularly relevant in sectors such as manufacturing, textiles, water technologies and agriculture.
Regional Integration and Intellectual Property Reform in Lesotho
Lesotho is actively modernising its intellectual property framework as part of a broader strategy to promote innovation, cultural protection and economic growth.
In late 2025, the government intensified engagement with the African Regional Intellectual Property Organisation (ARIPO), signalling a policy shift toward deeper regional integration and legislative alignment. Reform discussions have focused on strengthening copyright administration and enforcement, protecting traditional knowledge and cultural expressions, supporting plant breeders’ rights and agricultural innovation, and enhancing institutional capacity within Lesotho’s IP system.
These developments are underpinned by the National Intellectual Property Policy (2025) and the Research and Innovation Policy (2021), which position intellectual property as a driver of a knowledge-based economy and international trade.
Enforcement, Disputes and Unfair Competition
Intellectual property rights are only valuable if they can be effectively enforced. We advise and represent clients in trade mark infringement matters, opposition and cancellation proceedings, rectification of the trade mark register, passing-off and unfair competition claims, copyright infringement matters, breaches of licensing and franchising agreements, and cases involving the fraudulent or unauthorised use of intellectual property.
Our Intellectual Property Services in Lesotho
Mayet & Associates Attorneys assists clients with trade mark searches and registrations, renewals and portfolio management, amendments and recordals including assignments and licences, trade mark oppositions and cancellations, IP enforcement and litigation, copyright advisory and compliance, patent and industrial design filings, and strategic IP protection for local and foreign investors.
Our advice is commercially focused, legally robust and tailored to the regulatory realities of Lesotho.
Why Local Intellectual Property Advice Matters
Lesotho’s intellectual property framework involves unique procedural, institutional and enforcement considerations, particularly where international filings are concerned. Early, properly structured registration can prevent costly disputes and ensure that rights are legally defensible. Local expertise is essential to navigating overlaps between domestic law, regional systems and international treaties.
Speak to Us About Your Intellectual Property Needs
If you are considering registering a trade mark, protecting creative works or enforcing intellectual property rights in Lesotho, Mayet & Associates Attorneys will guide you through the legal requirements and strategic options available.
Contact us for clear, practical and locally grounded intellectual property advice in Lesotho.