476
Protection of Traditional Knowledge, Genetic
[ No. 16 of 2016 Resources and Expressions of Folklore
Exceptions
and
limitations
for
protection of
expressions
of folklore
(iv) the acquisition or exercise of intellectual property
rights over the expression of folklore or
adaptations to the expression of folklore;
(b) in respect of words, signs, names and symbols, any use of
the expression of folklore, derivative of the expression
of folklore or acquisition or exercise of intellectual
property rights over the expression of folklore or
derivative which disparages, offends or falsely suggests
a connection with a traditional community or brings a
traditional community into contempt or disrepute.
(3) The following acts are prohibited in relation to the use and
exploitation of expressions of folklore:
(a) any distortion, mutilation or other modification of, or other
derogatory action in relation to, an expression of folklore;
(b) false, confusing or misleading indications or allegations
which, in relation to goods or services, refer to, draw
upon or evoke the expression of folklore of a traditional
community or suggests any endorsement by, or linkage
with, that community; and
(c) use or exploitation for gainful intent without equitable
remuneration or benefit sharing on terms determined
and agreed with the traditional community or, in default,
as determined by the Agency in consultation with the
traditional community.
50. (1) The protection of expressions of folklore shall—
(a) be such as not to restrict or hinder the normal development,
use, exchange, dissemination and transmission of
expressions of folklore, within the traditional context,
by members of the traditional community as determined
by customary laws and practices;
(b) extend only to uses of expressions of folklore taking place
outside the traditional context, whether or not for
commercial exploitation; and
(c) be subject to exceptions which relate to non-commercial
uses, such as education, research, personal or private
use, criticism, review, reporting of current events, legal
proceedings, the making of recordings and reproductions
for inclusion in an archive or inventory exclusively for
the purposes of safeguarding cultural heritage and other
incidental uses.