674
No.
33
Protection of Traditional Knowledge and Cultural Expressions
2016
such use is of a commercial nature without the
permission of the owner; or
(b)
acts in a manner or commits an omission that
infringes the moral rights of the traditional owners
of that traditional knowledge or cultural
expression,
the owners shall have the right to institute
legal
proceedings against any such person.
39. (1) The court may, in
under section
38-
proceedings instituted
(a) grant an injunction;
(b) award damages for loss resulting from the
unauthorized use;
(c)
(d)
(e)
(f)
(e)
make a declaration that the cultural rights of the
holders have been contravened;
order that the infringer make a public apology for
the contravention;
order that any false attribution of ownership, or
derogatory treatment, of the traditional knowledge
or cultural expressions cease or be reversed;
order the account for profits made by the infringer
in exploiting the infringing articles;
of profits made by the
infringer in exploiting the infringing articles to the
order the forfeiture
owner;
(h)
order the delivery up or forfeiture to the holders of
articles made in contravention of their rights, as
provided for under this Act;
(i)
order the seizure of any object made, imported or
exported contrary to this Act;
0)
order the revocation or invalidation of intellectual
property rights inappropriately acquired over
traditional knowledge or cultural expressions or
derivatives thereof; or
(k) make such other orders as the Court considers
appropriate in the circumstances or as it may
deem fit.
(2) The court may in deciding the relief to be granted
consider-
civirremedies'