Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(2) The uses of expression of folklore referred to in subsection
(1) shall be compatible with fair competition and practice,
acknowledgment of the traditional community as the source of the
expression of folklore and not be offensive to the traditional
community.
51. An expression of folklore shall be protected against all
acts of misappropriation, misuse or exploitation for as long as the
expression of folklore fulfills the protection criteria set out in section
forty-six.
52. (1) A holder of an expression of folklore shall have the
right to conclude a licensing agreement.
(2) An authorisation, assignment or licence granted in respect
of an expression of folklore shall be granted in accordance with a
licensing agreement or is void, except that an expression of folklore
belonging to a traditional community may not be assigned.
(3) A licensing agreement, drawn up for the purpose of
subsection (2), shall be approved by the Agency or the agreement
is void.
(4) Despite subsections (1), (2) and (3), the Agency may grant
authorisation to exploit expressions of folklore.
(5) Where the Agency grants an authorisation in accordance
with subsection (4)—
(a) the authorisation shall comply with the scope of protection
provided for the expression of folklore and shall in
particular provide for benefit sharing;
(b) any uncertainty or dispute with which a traditional
community is concerned, shall be resolved, as far as
possible, in accordance with customary laws and
practices; and
(c) any monetary or non-monetary benefits arising from the
use of the expression of folklore shall be transferred, by
the Agency, directly to the traditional community.
(6) The Agency shall keep a register of all licencing agreements
approved by the Agency in accordance with this section.
53. (1) The owner of an expression of folklore shall be entitled
to the sharing of benefits arising from the commercial or industrial
use of the expression of folklore as determined by mutual agreement
between the owner and the user.
477
Duration of
protection of
expressions
of folklore
Licensing
agreements
Benefit
sharing
relating to
expressions of
folklore