Registrar of Companies and Intellectual Property (ROCIP)
The department is charged with the responsibility of incorporating companies, registering business names and Intellectual property. Intellectual property includes Industrial property and Copyright
By 2016 and beyond, investors will enjoy full access to exclusive protection of legitimate rights through the office of Registrar of Companies
We exist to incorporate companies, register business names and to protect intellectual property rights in order to create a conducive environment for promoting development of entrepreneurship, creativity and technological progress. Driven by skilled and motivated employees, we will deliver world class services to our clients in accordance with international. standards.
Administration is a unit within ROCIP that performs generic support services to the department. This unit is responsible for office accommodation, office operations, staff welfare and also department revenue.
This unit is responsible for business name registration and administered by the business name act. The registered business name must be unique before being made available to the client. The customer has to submit three (3) names for name reservations and will be either rejected or accepted in ne of the names depending on the availability within five (5) working days. After being granted a name, the client fills in the RBN2 form to apply for the certificate and also wait a maximum of five (5) working days for the response then if successful they could start operating. Some of the processes within this division include notice of any change, stop of business operation. There are also some processes that are not necessarily within the core operations, these include, performing search on physical files, sometimes for police report or for investigations.
This is a unit within ROCIP which deals mainly with registering companies. Although there are different types of companies, including public, public, external, foreign, company limited by guarantee but most of the companies are registered as private. There is a new company type called close company.
The companies section has a division called compliance. This division takes care of the incorporation of annual returns and notification of changes. Every company registered must pay annual returns; the first annual return must be paid within eighteen (18) months of incorporation and then thereafter be submitted annually. Companies unit also makes copies of the customers’ companies’ documents but sometimes customers make online searches.
Copyright is a unit within ROCIP which is administered by Copyright and Neighbouring Rights Act CAP 68:02. It is responsible for the sale of security device called hologram. This device is used to sure the originality of the DVDs, CDs and cassettes sold in Botswana. This device can be bought by the author himself or the producer. This unit is responsible for recording of copyright works for future references and a proof of recording of work is produced but not a certificate because copyright works are not registered.
This unit is governed by the IP act and they are responsible for registration of trademarks, utility models, granting patterns and also registering industrial designs. All these need to be renewed after some period of time. Trademarks need to be renewed every ten (10) years, utility models must be renewed after 14 years and application must be done after seven (7) years. Patterns must be renewed after twenty (20) years and there is maintenance fee to be paid for this and designs are renewed after seven (7) years and renewal fees must be paid.
There are different processes followed for application using IPas. IPas is a system from WIPO used to administer IP. ROCIP is the second (2nd) user of this system in Africa after Kenya.