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Protection of Traditional Knowledge and Cultural Expressions No. 33
2016
(a) whether the defendant was aware or
ought
reasonably to have been aware of the rights of the
holders as provided for under this Act;
(b) the effect on the honour or reputation of the
holders resulting from the unauthorized use;
(c)
anything done by the defendant to mitigate the
effects of the unauthorized use;
(d) any cost or difficulty that may have been
associated with identifying the holders;
(e)
(f)
any cost or difficulty in ceasing or reversing any
false attribution of ownership, or derogatory
treatment of the traditional knowledge or cultural
expressions; or
whether the parties have undertaken any other
action to resolve the dispute.
40. In addition to the remedies provided under this
Act, any dispute may be resolved through-
(a)
(b)
(c)
Other mcchurisms
to rosolvc disputcs.
mediation;
alternative dispute resolution procedures; or
customary laws, practices and protocols not
inconsistent with the Constitution.
41, The rights
not affect
*y ith.r
and remedies provided in this
Act
shall
rights of acti'on or remedies provided
othcrrightsrnd
rcmodte*
under other written laws.
PART IX-TRANSITIONAL MEASURES AND
MISCELLANEOUS
(l)
Upon the commencement of this Act, any
person who, before the commencement of this Act, was
lawfully involved in the exploitation and dissemination of
traditional knowledge shall be required to comply with the
provisions of this Act within twelve months, subject to
equitable treatment of the rights acquired by third parties in
42.
good faith.
(2) The continued use of cultural expression rights
acquired before the commencement of this Act shall, within
twelve months of the commencement of this Act, be
reviewed and harmonised with the provisions of this Act,
subject to equitable treatment of the rights and interests
acquired by third parties through prior use in good faith.
r*nsition'