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Protection of Traditional Knowledge and Expressions of Culture Act No. 21 of 2019.

Country/Territory
Vanuatu
Document type
Legislation
Date
2019
Source
FAO, FAOLEX
Long title
An Act to provide for the protection, regulation and management of traditional knowledge and expressions of culture in Vanuatu and for related matters.
Subject
Agricultural & rural development, Environment gen., Wild species & ecosystems, General
Keyword
Basic legislation Traditional knowledge/indigenous knowledge Cultural heritage Access and benefit-sharing Biodiversity Intellectual property rights/patents International trade Traditional rights/customary rights Certification Community management Offences/penalties PIC-prior informed consent Protection of environment Public health Research Contract/agreement Dispute settlement Genetic resources Indigenous peoples Liability/compensation Ownership Right of use Use restrictions Special fund
Geographical area
Asia and the Pacific, Least Developed Countries, Melanesia, Oceania, Small Island Developing States, South Pacific
Entry into force notes
This Act commences on 15 January 2020.
Abstract

This Act lays down provisions on the protection of traditional knowledge and expressions of culture or any copyright, trademark, patent, design or other intellectual property right that is based on traditional knowledge or expressions of culture and their holders; use of traditional knowledge or expressions of culture in accordance with the customary laws and practices of the traditional owners within indigenous Vanuatu communities; prohibitions or exceptions and limitations to exercise traditional cultural rights; establishment, functions and duties of the Traditional Knowledge and Expressions of Culture Authority; application for the use of traditional knowledge and expressions of culture and identification of traditional owners; establishment of the Traditional Knowledge and Expressions of Culture Fund; and user agreements relating to all non-customary uses of traditional knowledge and expressions of culture and prior informed consent to existing user agreements; alternative dispute resolution between traditional owners; offences, civil liabilities and remedies; and border control on transportation or dispatch out of the country of any biological or genetic material, or any other material derived from any research and to be subjected to any further research or experimentation for the purpose of commercialisation and application procedures for export license.

Full text
English
Website
leap.unep.org