Protection of Traditional Knowledge and Cultural Expressions Act

34. Terms and conditions of user agreement

Edition: 2022-12-31 · In force

An authorized user agreement shall provide for, in its terms and conditions, all the following matters—

(a)the sharing of financial and other benefits arising from the use of the traditional knowledge or cultural expressions;

(b)compensation, fees, royalties or other payments for the use;

(c)whether the use will be exclusive or non-exclusive;

(d)duration of the use to be allowed and rights of renewal;

(e)disclosure requirements in relation to the use;

(f)possible sharing by the owners of any intellectual property rights arising from the use of the traditional knowledge or cultural expressions;

(g)access arrangements for the owners;

(h)applicable controls on publication;

(i)assignment of rights, where appropriate;

(j)dispute resolution mechanisms;

(k)confidentiality and disclosure in relation to secret traditional knowledge or cultural expressions; and

(l)respect for moral rights of the traditional owners.