GENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE

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1 WIPO WIPO/GRTKF/IC/5/INF/3 ORIGINAL: English DATE: April 28, 2003 WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA E INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE Fifth Sessi Geneva, July 7 to 15, 2003 COMPARATIVE SUMMARY OF SUI GENERIS LEGISLATION FOR THE PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS Prepared by the Secretariat 1. The Intergovernmental Committee Intellectual Property Genetic Resources, Traditial Knowledge Folklore ( the Committee ) has requested for csiderati at its fifth sessi a csolidated analysis of the legal protecti of traditial cultural expressis (TCEs), or expressis of folklore. This is ctained in document WIPO/GRTKF/IC/5/3. 2. The present informati document is a parallel resource document ctaining informati the sui generis systems referred to in document WIPO/GRTKF/IC/5/3. These are: the Copyright for Developing Countries, 1976; the WIPO-UNESCO Model Provisis for Natial Laws the Protecti of Expressis of Folklore Against Illicit Exploitati Other Prejudicial Actis, 1982; the Bangui Agreement the Creati of an African Intellectual Property Organizati (OAPI), as revised in 1999; the Special Intellectual Property Regime Governing the Collective Rights of Indigenous Peoples for the Protecti Defence of their Cultural Identity their Traditial Knowledge of Panama, 2000 the related Executive Decree of 2001;, the Pacific Regial Framework for the Protecti of Traditial Knowledge Expressis of Culture, 2002.

2 page 2 3. The informati in this document has been prepared in tabular form using as its structure the key elements used to structure the oral presentatis TCEs made at the Committee s fourth sessi (see documents WIPO/GRTKF/IC/4/INF/2, 3, 4, 5 5 Add.), namely: (i) Policy ctext objectives; (ii) Subject matter (scope of protecti); (iii) Criteria the subject matter must meet as a cditi for its protecti; (iv) Holder of the rights; (v) Rights cferred, including exceptis limitatis; (vi) Procedures formalities, if any, for the acquisiti maintenance of the rights cferred; (vii) Respsibilities of new or existing authorities, associatis other institutis to exercise /or manage the rights; (viii) Sanctis enforcement procedures; (ix) How rights are lost expire; (x) Interacti between the sui generis system IP other laws, such as cultural heritage laws, especially the extent to which they overlap or complement each other; (xi) Incorporati /or recogniti of any relevant customary laws protocols; (xii) Regial internatial protecti, including the questi of the protecti of the same or similar cultural expressis from neighboring countries (so-called regial folklore ); (xiii) Transitial arrangements. 4. This document has been compiled using the texts of the laws, the texts of related documents such as decrees regulatis, where relevant the informati provided at the oral presentatis that took place at the Committee s fourth sessi. Members of the Committee are invited to review the informati reflected in the table to communicate any additis or modificatis to the Secretariat. It should be noted that this is provided as an informati resource ly, to assist the Committee s discussis, is not intended as an authoritative interpretati or legal assessment of any law or internatial legal instrument. 5. In its comments WIPO/GRTKF/IC/4/3, the Philippines advised of a pending bill known as the Community Intellectual Rights Protecti Act (CIRPA) which seeks to provide a system of community IP protecti for inter alia community cultural products. This Bill, should it be enacted, could be covered by subsequent versis of this document, together with the Indigenous Peoples Rights Act of 1997, which was discussed in WIPO/GRTKF/IC/3/10 the Law Creating the Natial Commissi for Culture, also referred to in the comments of the Philippines. [Annex follows]

3 ANNEX Comparative Summary of Sui Generis Legislati folklore ly) Model Provisis for Natial Laws POLICY CONTEXT AND OBJECTIVES In so far as folklore is ccerned, protecti is provided to prevent any improper exploitati to permit adequate protecti of the cultural heritage known as folklore which cstitutes not ly a potential for ecomic expansi, but also a cultural legacy intimately bound up with the individual character of the community. (Notes to Secti 6) Folklore is an important part of living cultural heritage of natis. Disseminati of folklore can lead to improper exploitati of cultural heritage, any abuse or any distorti of folklore prejudices the cultural ecomic interests natis. Expressis of folklore manifesting intellectual creativity deserve intellectual property-type protecti. Such protecti of expressis of folklore is indispensable for their development, maintenance disseminati. Promote the effective ctributi of intellectual property to the development of Member States. Protect intellectual property in an effective uniform manner. Ctribute to the promoti of the protecti of literary artistic property as an expressi of cultural social values. The objective is to protect the collective intellectual property rights traditial knowledge of indigenous communities through the registrati, promoti, commercializati marketing of their rights in such a way as to give prominence to indigenous sociocultural values cultural identities for social justice (Preamble Article 1 of the Law; Preamble of the Decree). Another key objective is the protecti of the authenticity of crafts other traditial artistic expressis. The objective is to protect rights of traditial owners in their traditial knowledge expressis of culture permit traditi-based creativity innovati, including commercializati thereof, subject to prior informed csent benefit-sharing. The Model Law also reflects the policy that it should complement not undermine IP laws. Therefore: Protecti is provided for expressis of folklore against illicit exploitati other prejudicial actis. Preamble Secti 1.

4 Annex, page 2 folklore ly) Model Provisis for Natial Laws SUBJECT MATTER (The protected subject matter) Folklore is defined in Secti 18 - all literary, artistic scientific works created natial territory by authors presumed to be natials of such countries or by ethnic communities, passed from generati to generati cstituting e of the basic elements of the traditial cultural heritage. Folklore receives sui generis protecti. On the other h, works derived from folklore are treated as copyright works. Productis csisting of characteristic elements of traditial artistic heritage developed maintained by a community, in particular, verbal expressis, (folk tales, folk poetry, riddles); musical expressis (folk sgs instrumental music); expressis by acti (folk dances, plays artistic forms or rituals); tangible expressis (productis of folk art, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, basketweaving, needlework, textiles, carpets, costumes, musical instruments, [architectural forms.] (Secti 2). Expressis of folklore are defined as productis of characteristic elements of the traditial artistic heritage developed perpetuated by a community or by individuals recognized as meeting the expectatis of such community, including folk tales, folk poetry, folk sgs, instrumental music, folk dancing entertainment as also the artistic expressis of rites productis of folk art (Article 2 (xx)). Expressis of folklore works derived from folklore seem to be protected as copyright works (Article 5(xii)). Translatis, adaptatis, arrangements other transformatis of expressis of folklore also seem to be protected as copyright works, as are collectis databases of works expressis of folklore (Article 6 (1) (i) & (ii)). Customs, traditis, beliefs, spirituality, cosmovisi, folkloric expressis, artistic manifestatis, traditial knowledge any other type of traditial expressis of indigenous communities which are part of their cultural assets (cultural heritage) (Law, Article 2). Collective intellectual property rights traditial knowledge embodied in creatis such as inventis, models, designs drawings, innovatis ctained in images, figures, graphic symbols, petroglyphs other material, cultural elements of history, music, arts traditial artistic expressis (Decree, Article 1). Collective indigenous rights means the indigenous cultural intellectual property rights relating to art, music, literature, biological, medical ecological knowledge other Cultural expressis are the main focus of the Law. Expressis of culture are defined as any ways in which traditial knowledge appears or is manifested, including inter alia names, stories, chants, riddles, histories, sgs in oral narratives, art craft, musical instruments, sculpture, painting, carving, pottery, terracotta mosaic, woodwork, metalware, painting, jewelry, weaving, needlework, shell work, rugs, costumes textiles, music, dances, theatre, literature, ceremies, ritual performances, cultural practices, designs, architectural forms.

5 Annex, page 3 folklore ly) Model Provisis for Natial Laws Performances as defined include performances of expressis of folklore (Article 46). subject matter manifestatis that have no known author or owner no date of origin cstitute the heritage of an entire indigenous people (Article 2, Decree). Traditial knowledge means the collective knowledge of indigenous people based the traditis of centuries, indeed millennia, which are tangible intangible expressis encompassing their science, technology cultural manifestatis, including their genetic resources, medicines seeds, their knowledge of the properties of fauna flora, oral traditis, designs visual representative arts. (Article 2 Decree). Only subject matter capable of commercial use appears covered (Law, Article 1).

6 Annex, page 4 folklore ly) Model Provisis for Natial Laws A classificati system is created by the Decree (Article 3) several examples of protected subject matter are given by the Law the Decree, such as traditial dresses of certain named indigenous communities, musical instruments, music, dances, performances, oral written expressis, working instruments traditial art techniques for making them, such as basket bead work (Law, Articles 3, 4 5). CRITERIA FOR PROTECTION (Cditis that the subject matter must meet for protecti. Examples: originality, novelty, distinctiveness, fixed form etc). Fixati not required (Secti 5bis); originality not required. No criteria specifically stated. Ne specified. Expressis of folklore works inspired by them are regarded as original copyright works (Article 5). Need not be fixed material medium (Article 4(2)). The subject matter must: (i) be capable of commercial use (Law, Article 1); (ii) be based up traditi, although it need not be old (Law, Article 15); (iii) fit within the classificati system established by Article 3 of the Decree; The subject matter must be traditial i.e., (i) created, acquired or inspired for traditial ecomic, spiritual, ritual, narrative, decorative or recreatial purposes;

7 Annex, page 5 folklore ly) Model Provisis for Natial Laws (iv) be collective, i.e., the subject matter must have no known author or owner no date of origin cstitute the heritage of an entire indigenous people (Decree, Article 2), or must be regarded as belging to e or more of the indigenous communities of Panama (Decree, Article 5 6). (ii) transmitted from generati to generati; (iii) regarded as pertaining to a particular traditial group, clan, or community of people; (iv) is collectively originated held (Secti 4). Need not be in material form (Secti 8). HOLDER OF RIGHTS Rights in folklore exercised by a competent authority (Sectis 6 18). Either a competent authority or relevant community. The author is the first holder of the ecomic moral rights. Specific provisis deal with collaborative works, collective works, the works of employees, other cases there are no specific provisis dealing with expressis of folklore (Articles 28 to 33). The relevant indigenous communities represented by their general cgresses or traditial authorities. More than e community can be registered collectively as holders of the rights (Decree, Article 5). Traditial owners of TK or expressis of culture, being the group, clan or community, or individual recognized as part of group, clan or community, in whom the custody or protecti of the traditial knowledge or expressis of culture are entrusted in accordance with customary law practices (Secti 4).

8 Annex, page 6 folklore ly) Model Provisis for Natial Laws If a derivative work is created, IP in work vests in creator or as provided for by IP law (see further below). RIGHTS CONFERRED (Including exemptis free uses) Secti 6 works of natial folklore enjoy rights referred in Secti 4 5(1) are exercised by the competent authority. Secti 4 Ecomic Rights: author has exclusive right to reproduce, make translati, adaptati, arrangement, transformati, communicate work to public either through performance or broadcasting. The following uses when made with both gainful intent outside the traditial or customary ctext, require prior authorizati: publicati, reproducti, distributi of copies, public recitati, performance, transmissi by wire or wireless means any other form of communicati to the public (Secti 3). Acknowledgement of source (Secti 5) - source must be acknowledged in appropriate manner (mentiing community /or geographic place from where expressi utilized has derived from) in all printed publicatis, in any communicatis to the public. Expressis of folklore works inspired by them are regarded as copyright works in respect of which ecomic moral rights as understood in the copyright sense seem to apply (Article 8 9). Performances of expressis of folklore are accorded the same protecti as is accorded to other performances (Article 48). In additi, however, expressis of folklore works that have fallen into the public domain are subject to domaine public payant (Secti 59). Collective rights to authorize or prevent: (i) use commercializati; (Article 15). (ii) industrial reproducti (Law, Article 20). Collective right to apply for IP over protected subject matter (Law, Article 2). Collective right to prevent or authorize third parties from acquiring exclusive IP over protected subject matter (Law, Article 2). The Model Law establishes traditial cultural rights moral rights in TK or expressis of culture. Traditial cultural rights are rights to authorize or prevent the following uses: (i) to reproduce the traditial knowledge or expressis of culture; (ii) to publish the traditial knowledge or expressis of culture; (iii) to perform or display the traditial knowledge or expressis of culture in public;

9 Annex, page 7 folklore ly) Model Provisis for Natial Laws Secti 5(1) - Moral Rights: to claim authorship, to object to seek relief in cnecti with distorti, mutilati, modificati or any other acti which would be prejudicial to his hor or reputati. Rights do not apply however when works of natial folklore are used by a public entity for n-commercial purposes (Secti 61bis). Domain public payant system also introduced (Secti 17). Users of works of natial folklore must pay percentage of receipts to competent authority for specified purposes (Secti 17). Exceptis (Secti 4 5(2)): No authorizati required for: (i) purposes of educati (ii) utilizati by way of illustrati in original work (iii) where expressis of folklore are borrowed for creating an original work of author (iv) (iv) incidental utilizati such as reporting current events, located permanently in public place. The exploitati of expressis of folklore that of works or productis that have fallen into the public domain expiry of the terms of protecti shall be subject to the user entering into an undertaking to pay to the natial collective rights administrati body a relevant royalty. Royalties collected with respect to the exploitati of expressis of folklore shall be devoted to welfare cultural purposes. Collective right to csent to the certificati of cultural expressis as works of indigenous traditial art or hicraft hmade by natives (Law, Article 10, Decree, Article 15). Exemptis for folkloric dance groups (Law, Article 16) small nindigenous artisans in certain cases they are able to manufacture market reproductis, but they will not be able to claim the collective rights recognized by this Law (Law, Articles 23 24; Decree, Articles 26 27) Registrati of collective rights in an object or in traditial knowledge shall not affect the traditial exchange of the object or the knowledge in questi between indigenous peoples (Decree, Article 11). (iv) (v) (vi) to broadcast the traditial knowledge or expressis of culture to the public by radio, televisi, satellite, cable or any other means of communicati; to translate, adapt, arrange, transform or modify the traditial knowledge or expressis of culture; to fixate the traditial knowledge or expressis of culture through any process such as making a photograph, film or sound recording;

10 Annex, page 8 folklore ly) Model Provisis for Natial Laws (vii) to make available line or electrically transmit to the public (whether over a path or a combinati of paths, or both) traditial knowledge or expressis of culture; (viii) to create derivative works; (ix) to make, use, offer for sale, sell, import or export traditial knowledge or expressis of culture or products derived therefrom; (x) to use the traditial knowledge or expressis of culture in any other material form, if such uses are a n-customary (whether or not of a commercial nature). (Secti 7).

11 Annex, page 9 folklore ly) Model Provisis for Natial Laws Moral rights refers to rights of attributi of ownership; the right not to have ownership falsely attributed; right not to have TK subject to derogatory treatment (Secti 13). If cultural expressis derivative works are used for commercial purposes, user must share benefits with traditial owners, acknowledge source respect moral rights (Secti 12). Traditial cultural rights do not prevent uses of cultural expressis by traditial owners (Secti 7(3), nor to face-to-face teaching, criticism or review, reporting news or current events, judicial proceedings, incidental use, although sufficient acknowledgement is needed in these cases (Secti 7(4) (5)).

12 Annex, page 10 folklore ly) Model Provisis for Natial Laws PROCEDURES AND FORMALITIES Ne stated. License agreements authorized by the competent authority but must be proceeded by negotiatis with parties ccerned. Uses as ctemplated in Secti 3 subject to authorizati (secti 9). Competent authority grants authorizati, fee required (secti 10(2)). Appeals against decisis made by pers applying for authorizati /or representative of interested community secti (secti 10(3)). No particular procedures for expressi of folklore. A special registrati system is established (Law, Article 1). Applicatis for registrati must specify that a collective right is involved, that the object applied for belgs to an indigenous community, the technique used, the history brief descripti of the object (Decree, Article 6). Registrati must be made by the indigenous community or by its general cgresses or indigenous traditial authority (Law, Article 7). The applicati must ctain certain prescribed informati (Decree, Article 7) the form is publicly available. The applicati must include a specimen of the object. Uses of cultural expressis require prior informed csent. Applicatis for csent may be made directly to a Cultural Authority or directly to traditial owners. Applicatis to the Cultural Authority must be in prescribed form; specify manner in which applicant proposes use; state purpose for which use intended; prescribed fee. The Cultural Authority must finalize applicati in prescribed period. If not, it is deemed that csent not given by traditial owners. Applicatis are published by means of copy to traditial owners, copy in natial newspaper, if

13 Annex, page 11 folklore ly) Model Provisis for Natial Laws The applicati procedure does not require legal services is exempt from payment (Law, Article 7). Registratis are published appeals against them may be lodged (Decree, Article 10). The register of collective rights is public, with the excepti of experiments cognitive processes cducted by indigenous peoples the traditial producti techniques or methods used (Decree, Article 12). The positi of an examiner indigenous collective rights is established in the industrial property office to examine all applicatis filed to ensure that industrial property registratis are not granted that are against the Law (Law, Article 9). required broadcast radio TV. Appeals relating to applicati must be made within 28 days of publicati. In the event of direct negotiatis between the user the owners, the Cultural Authority must still be provided with a copy of the proposed authorized user agreement (Secti 25(2)). Potential users of cultural expressis must enter into an authorized user agreement with the traditial owners should they agree to the proposed use. An authorized user agreement should include terms cditis about the following:

14 Annex, page 12 folklore ly) Model Provisis for Natial Laws (i) (ii) sharing of financial other benefits arising from the use of the traditial knowledge or expressis of culture; compensati, fees, royalties or other payments for the use; (iii) whether the use will be exclusive or nexclusive; (iv) durati of the use to be allowed rights of renewal; (v) disclosure requirements in relati to the use; (vi) the possible sharing by the traditial owners of any intellectual property rights arising from the use of the traditial knowledge or expressis of culture; (vii) access arrangements for the traditial owners;

15 Annex, page 13 folklore ly) Model Provisis for Natial Laws (viii) educati training requirements for the applicant; (ix) ctrols publicati; (x) specify whether the rights arising under the agreement can be assigned; (xi) choice of law in relati to disputes under the agreement; (xii) respect for moral rights of the traditial owners. If a prospective user the traditial owners enter into an authorized user agreement, the traditial owners are deemed to have given their prior informed csent to the proposed use. The Cultural Authority is to keep a register of authorized user agreements.

16 Annex, page 14 folklore ly) Model Provisis for Natial Laws RESPONSIBILITIES OF NEW OR EXISTING AUTHORITIES AND INSTITUTIONS Competent authority proposed that authority be body respsible for administrati of authors rights within country (Notes). User of work of folklore must obtain authorizati from competent authority Competent authority defined in Secti 18. Sums collected by the competent authority must be used inter alia to protect disseminate natial folklore (Secti 17). Competent authority determined by enacting country (Secti 9(1)) Court has jurisdicti to hear appeals against decisis of competent authority (Secti 11(1)). OR Court has jurisdicti in case of offences under Secti 6 to Secti 11(2). No particular provisis ccerning expressis of folklore. Applicatis for registrati are made to the industrial property office or the copyright office (Law, Article 4). A Department of Collective Rights Expressis of Folklore is established within the industrial property office to approve applicatis maintain the register (Law, Article 7). Officials of the industrial property office the Department of Collective Rights Expressis of Folklore may go to indigenous communities to gather informati necessary for prosecuti of applicatis they may wish to file. The cultural authority must: (i) receive process applicatis; (ii) identify traditial owners; (iii) mitor compliance inform of breaches; (iv) develop stard terms cditis for authorized user (v) agreements; keep a register of authorized user agreements; (vi) provide training educati for traditial owners users; (vii) develop Code of Ethics; (viii) issue advisory guidelines; (ix) liaise with regial bodies; (x) maintain record of traditial owners knowledge; (xi) provide guidance meaning of customary use.

17 Annex, page 15 folklore ly) Model Provisis for Natial Laws SANCTIONS AND ENFORCEMENT PROCEDURES Importati of copies of protected work into natial territory cstitutes an infringement can be seized. Pers infringing rights obliged to cease infringement; liable for damages; if willful be punishable by fine or imprisment or both (Secti 15(1)). Infringement of rights mentied which are csidered as violati of natial cultural heritage may be curbed by all legitimate means (Secti 15(2)). Offences determined by enacting country (secti 6). Seizure of objects which violate law (secti 7). Fees collected used for purpose of safeguarding natial culture. (secti 10(3)). Omissis to acknowledge source in cases where required subject to fine (Secti 6). No particular provisis for expressis of folklore The importati, smuggling, industrial reproducti of protected objects other violatis of the Law are prohibited the proceeds of fines are shared with the respective indigenous community (Law, Articles 17 to 21). Apart from the affected indigenous communities, the regial governor or the country governor may take preventative acti (Law, Article 22). Various offences are created, punishable cvicti by fine or term of imprisment, or both. Traditial owners may also institute civil proceedings. Remedies: injuncti, damage for loss, public apology, cease or reverse false attributi of ownership or derogatory treatment, order for account for profits, seizure of objects, other. Nothing prevents recourse to mediati procedures, ADR, customary laws. Infringement materials subject to seizure (Secti 15(3)).

18 Annex, page 16 folklore ly) Model Provisis for Natial Laws Material proof of infringement may be provided by statements of police officers or certified statements of sworn agents of authors organizati (Secti 15(4)). TERM OF PROTECTION Without limitati in time (Secti 6(2)). No time limit stated. Ecomic rights: lifetime of author + 70 years after death. Moral rights without limit in time. After expiry of ecomic rights, collective rights administrative body (Article 60) entitled to ensure compliance with moral rights. Rights are indefinite (not unlimited) (Law, Article 7). Moral rights traditial cultural rights ctinue in force in perpetuity, are inalienable, cannot be waived or transferred (Sectis 9 13(4)). Anymous author = 70 years after first publicati or making of the work / lawfully accessible to public (Article 24).

19 Annex, page 17 folklore ly) Model Provisis for Natial Laws INTERACTION WITH EXISTING IP LAWS ( other laws, such as cultural heritage laws) Works derived from folklore are regarded as copyright works (Secti 2). Under secti 12, there is no limit or prejudice to any protecti applicable to expressis of folklore under other existing laws or other forms of protecti provided. Provides for the protecti of expressis of folklore as copyright works performances thereof as protected performances under related rights. However, domain public payment also provided for. Title II deals with cultural heritage provides as follows: Cultural heritage ccerns folklore, sites muments, ensembles (Article 67). Under Article 68, folklore means literary, artistic, scientific, technological other traditis productis as a whole created by communities hed down from generati to generati. Examples are given in Articles 68 to 71. The Panamanian Copyright Act, 1984, does not provide copyright protecti for objective expressis of folklore (Article 9). Also relevant are Law 27 of July 30, 1997 Establishing the Protecti, Promoti Development of Hicraft Law No. 14 of May 5, 1982 Enacting Measures the Custody, Cservati Administrati of the Historical Heritage of the Nati. The Law Decree refer also to the Fiscal Code, customs law the trademarks legislati The Law does not affect rights existing immediately before the commencement of the law (in each country), including IPRs. Traditial cultural rights are in additi to do not affect IP rights. IPRs in derivative works (traditi-based creatis) vest in the IP holder under relevant IP laws. However, if a derivative work is commercialized, certain duties arise (see above).

20 Annex, page 18 folklore ly) Model Provisis for Natial Laws Article 73 prohibits the denaturing (distorti), destructi, exploitati, sale, disposal illegal transfer of any part or a part of the property that makes up the cultural heritage except with authorizati by competent authority (Article 73)(1)). Under 73(2), the following acts are prohibited when undertaken for profitable purposes: (i) publicati, reproducti, distributi of copies of cultural property; (ii) recitati, public performance, transmissi by wire or wireless means any other form of communicati to the public. Several limitatis to these rights are provided for, notably the borrowing of cultural heritage for the creati of original works (Article 74 (1)(c)).

21 Annex, page 19 folklore ly) Model Provisis for Natial Laws States shall inventorize, determine, classify, place in security illustrate the elements that make up the cultural heritage (Article 72). Establishment of a High Commissi for the Cultural Heritage (Article 97), to be csulted all matters ccerning the protecti, safeguard promoti of cultural heritage. CUSTOMARY LAWS AND PROTOCOLS No reference. No reference Registrati does not affect the traditial exchange of the object of knowledge between indigenous peoples (Decree, Article 11). In case of dispute, customary laws practices can be applied as a means to resolve the dispute.

22 Annex, page 20 folklore ly) Model Provisis for Natial Laws REGIONAL AND INTERNATIONAL PROTECTION (including the questi of the protecti of the same or similar cultural expressis from neighboring countries (so-called regial folklore )). Copies, adaptatis etc of works of natial folklore made abroad without authorizati, shall not be imported or distributed in natial territory (Secti 6(3)). Secti 16 (2) Alternative X law applies to all works which, by virtue of treaties entered into by the country, are to be protected, as well as to works of natial folklore. Subject to reciprocity (Secti 14 (i)). Basis of internatial treaties or other agreements (Secti 14 (ii)). Article 3 (1): Rights relating to the fields of intellectual property, as provided for in the Annexes to the Agreement, are independent natial rights subject to the legislati of each of the Member States in which they have effect. Article 4 (2) - the Agreement Annexes applicable in their entirety to every State that ratifies or accedes to the Agreement. Artistic traditial expressis of other countries have the same benefits of law, when made by means of reciprocal internatial agreements (Law, Article 25). The importati of noriginal reproductis of protected objects is prohibited (Article 17). In accordance with reciprocal arrangements, Act provides same protecti to TK expressis of culture originating in other countries or territories as is provided within the country itself. Alternative Y adds further applicati of the law to include natial folklore of countries promulgated.

23 Annex, page 21 folklore ly) Model Provisis for Natial Laws TRANSITIONAL ARRANGEMENTS No particular provisis relating to folklore. No specific transitial rules. Depends the laws of the individual countries. Legislator may choose either: (i) retroactivity of law (ii) n-retroactivity of law (iii) intermediate soluti = utilizati subject to authorizati under law but commenced without authorizati before entry into force of laws should be brought to end before expiry of certain period if no relevant authority obtained by user in meantime. (Commentary to the Model Provisis). Provisis apply to works that were created, to performances that took place, or were fixed etc. prior to the date of entry into force of Annex VII, cditi that such works have not yet fallen into public domain by reas of expiry of term of protecti enjoyed under preceding legislati (Article 66 (1)). Legal effects of acts ctracts ccluded or stipulated prior to date of entry into force of Annex remain unaffected (Article 66 (2)). The Law provides that rights accorded previously under the relevant legislati shall be respected shall not be affected. The Law applies to expressis of culture that were in existence before the commencement of the Act (in the relevant country) those created or after that commencement (Secti 3). The Law does not affect existing IP (as noted above) nor existing ctracts licenses (Sectis 3(2) 3(3)). Perss making ncustomary uses of cultural expressis at the time the Act comes into force (in the relevant country) have 60 days to apply for the required csent under the Act (Secti 35). [End of Annex of document]