A.67
(2) No person shall distort a registered traditional knowledge in any
way, especially distortion of a spiritual or cultural identity of a community
that owns traditional knowledge or any act that implies direct or indirect
use of the knowledge for any purpose including scientific or academic
research, without the owner’s consent:
(3) Notwithstanding the provisions of subsection (1), where the
subject matter of protection is a product which has been put in the market
in Botswana by either the owner or by a third party with the consent of
the owner, commercial acts in respect of the product shall not be regarded
as distorting the cultural identity of the community or in any way
contribute to it.
(4) Where, upon registration of traditional knowledge, an owner takes
reasonable steps to keep part of the elements of the traditional knowledge
a secret, no person shall disclose or acquire the undisclosed knowledge
in any manner contrary to honest commercial practices.
122. (1) Any proceedings concerning the protection or infringement
of rights over traditional knowledge shall be initiated either by the local
community or any other owner of that knowledge.
(2) The Court may order the infringing party to pay to the local
community an amount to be prescribed.
123. The rights of local communities over registered traditional
knowledge under this Act may not be assigned, ceded or transferred in
any manner.
124. (1) The Minister may, on grounds of public interest, after hearing
any local community that owns traditional knowledge, authorize the
scientific, commercial or industrial exploitation of that knowledge or
any element of it, by a third party, where —
(a) the exploitation does not distort or offend the cultural identity of
the local community; and
(b) the local community is granted an equitable share of any benefit
derived from such scientific, commercial or industrial exploitation.
(2) The exploitation granted under subsection (1) shall be limited by
the scope and duration of the authorization and shall expire when it can
no longer be justified on the basis of public interest.
125. (1) Local communities may grant licensing agreements to
exploit traditional knowledge or any element of it to third parties subject
to the following conditions —
(a) payment by the third party, at the discretion of the community, including
payment of either a lump sum, royalty fee or participation in the
benefits directly or indirectly derived from the exploitation of the knowledge;
(b) conferment by the third party of benefits such as educational grants,
medical assistance or any other benefits;
(c) the exploitation does not lead to distortion of any kind; and
(d) registration of the licensing agreement with the Registrar.
Right to
institute
infringement
proceedings
Transfer,
assigning,
etc., of rights
over
traditional
knowledge
Exploitation
of traditional
knowledge
rights by
others
Granting of
licences by
owners of
traditional
knowledge