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Article 276: Designs and objects with an esthetic or functional configuration, including
clothing, pottery and all other crafts which constitute indissociable elements of
the culture, spirituality and traditions of local communities, may be registered,
even if they have been commercialized prior to their registration, provided they
retain the essential link with the culture and spirituality of the local community
in question. Should this not be the case, the conditions set out in Articles 250 to
255 shall apply to crafts.
Article 277: In addition to the elements listed in Articles 249 to 255, applications to register
crafts must contain a brief description of their use, the production methods and
the choice, preparation and utilization of raw materials, as well as the general
criteria which apply with regard to the esthetic or functional characteristics, with
a view to characterizing the general style and overall impression of each series
or type of product.
A general description of the history and development of the crafts in question
must also be provided.
Article 278: Crafts shall be registered in a register separate from the one for traditional
knowledge by the Industrial Property Director, at the request of the local
community concerned.
Section 2. Protection of crafts
Article 279: In order to facilitate the protection of crafts, any article or product of a series or
crafts type which existed before or which was created after registration may be
added to the general registration at the request of the local community to which a
registered series of articles or type of crafts belongs.
Article 280: The provisions of Articles 261 to 275 shall apply to crafts.
Exclusive rights in the registered crafts shall apply to the entirety of the crafts
series or type which has been described and registered, in order to prevent third
parties, without the holder’s consent, from manufacturing, using, storing, selling,
offering for sale, importing or exporting products likely to mislead the
consumer, in any way whatsoever, as to the origin, creation or manufacturing of
the crafts articles.
Section 3: Other measures for the protection of traditional knowledge and crafts
Article 281: All industrial property titles, in particular patents, marks, industrial designs or
plant variety certificates, which have been granted in violation of rights in
registered traditional knowledge, shall not be binding on third parties if the local
community to which this traditional knowledge belongs has not given its
consent.
Article 282: Any person may, in proceedings for the infringement of title to industrial
property, raise as a defense or exception, the lack of prior consent or any other
violations of the rights in protected traditional knowledge. In this case, the court
shall hear the local community which holds the rights to the traditional