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Protection of Traditional Knowledge and Cultural Expressions No. 33
2016
user agreement, consult the members of the community on
the proposed terms and conditions of the agreement.
(2) The Cabinet Secretary shall make regulations
prescribing the matters that should be included in a user
agreement and the procedures to be followed before a user
agreement is enter into.
Y.
An authorized user agreement shall provide for, in
its terms and conditions, all the following matters-
(a)
the sharing of financial and other benefits arising
from the use of the traditional knowledge or
cultural expressions;
(b)
compensation, fees, royalties
for the use;
(c)
whether the
use
Terms and
conditions of user
agrcement.
or other payments
will be exclusive or
non-
exclusive;
(d)
duration of the use to be allowed and rights of
renewal;
(e)
disclosure requirements in relation to the use;
(0
possible sharing by the owners of any intellectual
property rights arising from the use of the
traditional knowledge or cultural expressions;
(g)
(h)
for the owners;
applicable controls on publication;
assignment of rights, where appropriate;
dispute resolution mechanisms;
(i)
0)
(k)
(l)
access arrangements
confidentiality and disclosure in relation to secret
traditional knowledge or cultural expressions; and
respect for moral rights of the traditional owners.
35. (1) Where a party cannot read or write, or suffers
from any physical disability, a verbal agreement may be
recorded via video or other communication formats or
technologies may be used.
(2) Agreements not registered by the Cabinet Secretary
shall be null and void.
(3) In the case of shared intellectual property rights
between the holders and the users, such rights shall not be
transferred except with the authorization of the Cabinet
Secretary.
Authorizcd user
agreement and
prior informed
consent,