By Advocate Itumeleng MabusaneOver the past weekend, a robust debate unfolded on social media regarding two Maseru-based designers and allegations of design theft. While public comments ranged from accusations of secondary copying—citing a famous South African brand—to endorsements of cheaper alternatives, the ensuing discussion missed the single most critical legal principle: the territorial nature of Intellectual Property.
It is imperative that every entrepreneur and creative professional operating in Lesotho understands this foundational truth.
I. The Principle of Territoriality: A Legal Reality
The core legal reality that was overlooked in the public debate is straightforward: Intellectual Property rights are strictly territorial.
The Legal Rule: If the alleged South African designer has not formally protected their designs or marks within the Kingdom of Lesotho, no local IP infringement has occurred. The local designer, in this scenario, has the legal freedom to operatewithin this jurisdiction, regardless of whether a similar design is protected elsewhere.
This case powerfully highlights the absolute necessity of local protection. An IP right registered solely in one country provides zero protection in another. By failing to register their designs in Lesotho, international brands inadvertently leave the market open for...
