A.68
Registration of
handicrafts
Validity of
industrial
property titles
relating to
traditional
knowledge
(2) Where, exploitation under this section leads to loss of the
traditional knowledge’s nature as an element of cultural identification
of that particular local community, the licensing agreement shall cease
to be valid.
126. (1) Designs or objects with an aesthetic or functional
configuration, including clothing, pottery or any other handicrafts that
constitute inseparable elements of culture, the spirituality or the tradition
of any local community may be registered —
(a) in the register for traditional knowledge; or
(b) where, even though there has been commercial exploitation prior
to registration, the object or design has not lost the essential link
identifying the cultural, spiritual or tradition of the local community.
(2) The application shall, subject to section 115, contain a description
of the general characteristics of the use, methods of making, the selection,
preparation and use of raw materials of each type of product and a general
description of the history and evolution of the handicraft.
(3) The local community owning the handicraft may cause to be
registered, individual pieces of the product of the handicraft that are
created after registration, which pieces may be added to the general
registration.
(4) Subject to the provisions of section 120, the exclusive rights in a
registered handicraft shall apply to the whole series or types of
handicrafts as described in the register, in order to prevent the making,
using, stocking, selling, offering for sale, importing or exporting by third
parties without consent any products, that may in any manner lead to
confusion by consumers as to the origin, creation or making of
handicrafts.
127. (1) Any title of industrial property, including but not limited to
patents, trade marks, industrial designs or plant variety certificates that are
granted, irrespective of any rights of traditional knowledge under this Act,
shall not be enforceable against third parties until the written consent of the
local community owning the traditional knowledge is obtained.
(2) Local communities may, where applicable and at their discretion,
seek protection for the elements of their traditional knowledge in an
alternative or complimentary manner by means of other regimes of industrial
property without prejudice to the rights and interests protected by this Act.
PART XIII — Miscellaneous Provisions
Changes in
ownership
128. (1) Any change in the ownership of a patent, a utility model
certificate, the registration of an industrial design, mark or collective
mark, or in the ownership of an application therefor, shall be in writing
and shall, at the request of any interested party made in the prescribed
manner, be recorded by the Registrar in the appropriate register, and
except in the case of an application, be published by notice in the Journal.