662
No.
33
Protection of Traditional Knowledge and Cultural
Expressions
cultural expressions, and such use shall not be offensive to
the relevant community.
20. (1) Any copyright, frademark, patent, industrial
design, geographical indication or other intellectual property
right that exists in relation to a derivative work shall vest in
the creator of the work as provided by the relevant
intellectual property law.
(2) Where a derivative work that is based on traditional
knowledge or cultural expressions is to be used for a
commercial or industrial purpose, an authorized user
agreement shall be prepared between the rights holder and
2016
Derivativeworks
the authorised user.
(3) An authorized user agreement prepared under
subsection (2) shall(a) contain a benefit sharing arrangement that
provides for fair equitable monetary or nonmonetary compensation to the right holders;
(b) provide for identification and disclosure of the
traditional knowledge or cultural expressions on
which the derivative work based by mentioning
the holders or the geographical place from which
it originated; and
(c)
state that the traditional knowledge or cultural
expressions in the derived work will not be
subject to derogatory treatment.
PART V_MORAL RIGHTS
21. (1) The owners of traditional knowledge or
cultural expressions shall be holders of the moral rights in
the traditional knowledge or cultural expressions.
(2) The moral rights of the owners of
traditional
knowledge and cultural expressions shall include-
(a)
the right of attribution of ownership or paternity in
relation to their traditional knowledge and cultural
expressions;
(b) the right not to have ownership of
knowledge
or cultural
traditional
expressions falsely
attributed to them; and
(c)
the
right not to have their traditional
knowledge
and cultural expressions subject to derogatory
treatment including any act or omission that
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