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same traditional knowledge and enforcing them in the neighboring country in
question.
Section 3. Rights conferred by registration
Article 261: Local communities’ collective rights in the traditional knowledge registered
shall be of an economic and moral nature.
Article 262: With regard to the traditional knowledge protected under this Law, local
communities shall enjoy the following exclusive rights:
- the right to prevent third parties from manufacturing, using, storing, offering
for sale or selling this product, or from importing or exporting this product for
these purposes without the holder’s consent if the subject matter of the
protection is a product;
- the right to prevent third parties from using the process to store, offer for sale
or sell products obtained directly or indirectly via this process, or from
importing or exporting such products for these purposes without the holder’s
consent, if the subject matter of the protection is a process;
- the right to prevent third parties who do not have the holder’s consent from
reproducing the species or microorganism, and to prevent third parties from
preparing the species or microorganism for purposes of its reproduction or
propagation, offering it for sale, sale or any other form of commercialization,
import and export, as well as possessing the species or microorganism for one
or other of these purposes if the subject matter of the protection is a grown
plant species, a domesticated animal species or a microorganism;
- the right to prevent third parties from manufacturing or reproducing, without
the holder’s consent, objects which are of a similar configuration in terms of
forms, colors, materials and techniques and which display by and large the
style and visual impression of the crafts of which they are characteristic if the
subject matter of protection is a design or an object of a functional or esthetic
nature, including a crafts element;
- the right to prohibit for third parties who do not have the holder’s consent any
type of use, in the language of origin or in any other language, consisting in
affixing identical or similar signs to products, or to products related to
services, or manufacturing labels, packaging or other materials which
reproduce or contain these signs, for commercial purposes or for any other
purpose, if the subject matter of protection is a name, symbol, emblem or
other distinctive sign of a religious, spiritual, cultural or economic nature.
Article 263: The exclusive rights set out in Article 262 shall cover any commercial act and
any other act likely to distort the spiritual and cultural identity of the community
to which the registered traditional knowledge belongs.
Article 264: If a local community opts to keep secret part or all of the inventories of
registered traditional knowledge, in accordance with Article 254, it shall be