to provide for the protection, regulation and management of traditional knowledge and expressions of culture in Vanuatu and for related matters. This Act consists of 53 sections and divided into 10 parts; Part 1 consists of the definition of a range of terms and the application of the Act; Part 2, generally outlines the traditional cultural rights and moral rights; Part 3, establishes the structure of a Traditional Knowledge And Expressions of Culture Authority, its functions and powers; Part 4 is divided into 2 Divisions, applications for use and identification of traditional owners. Any person that intends to use any traditional knowledge or expression of culture for a non-customary use (whether or not of a commercial nature) must apply to the Authority to obtain the prior informed consent of the traditional owners.
Further, he Malvatumauri Council of Chiefs must advise the Authority if all of the traditional owners have been identified in accordance with customary law and the guidelines. This division also establishes a Traditional Owners Trust Account where any sum of which is due to traditional owners as fees or royalties payable to the account; Part 5 establishes the Traditional Knowledge and Expressions of Culture Fund and its purposes; Part 6 highlights user agreements where the Authority is to develop a standard template for user agreements relating to all non-customary uses of traditional knowledge and expressions of culture which is to be entered into between the traditional owners and users. User agreement is inclusive of its terms and conditions; Part 7, the Minister may on the recommendation of the Authority, appoint a board of arbitration, if there is a dispute between traditional owners. It also outlines the structure of the Board and the requirements for arbitrating a dispute proceeding. Register of awards by board of arbitration to be maintained in a register for public inspection. An award made by a board on any traditional cultural right traditional knowledge or expressions of culture, with or without associated biological or genetic material or other material, is final; Part 8 outlines offences, civil liability and remedies; Part 9, on border control and export licences; and Part 10, the miscellaneous provisions based on accounts, audits, preparation of annual accounts. Also, the provisions highlight protection from personal liability any member of the Authority or of a committee for any act or omission done or omitted to be done in good faith. The Minister may make Regulations to give effect to and for the better carrying out of the provisions of this Act.
Further, he Malvatumauri Council of Chiefs must advise the Authority if all of the traditional owners have been identified in accordance with customary law and the guidelines. This division also establishes a Traditional Owners Trust Account where any sum of which is due to traditional owners as fees or royalties payable to the account; Part 5 establishes the Traditional Knowledge and Expressions of Culture Fund and its purposes; Part 6 highlights user agreements where the Authority is to develop a standard template for user agreements relating to all non-customary uses of traditional knowledge and expressions of culture which is to be entered into between the traditional owners and users. User agreement is inclusive of its terms and conditions; Part 7, the Minister may on the recommendation of the Authority, appoint a board of arbitration, if there is a dispute between traditional owners. It also outlines the structure of the Board and the requirements for arbitrating a dispute proceeding. Register of awards by board of arbitration to be maintained in a register for public inspection. An award made by a board on any traditional cultural right traditional knowledge or expressions of culture, with or without associated biological or genetic material or other material, is final; Part 8 outlines offences, civil liability and remedies; Part 9, on border control and export licences; and Part 10, the miscellaneous provisions based on accounts, audits, preparation of annual accounts. Also, the provisions highlight protection from personal liability any member of the Authority or of a committee for any act or omission done or omitted to be done in good faith. The Minister may make Regulations to give effect to and for the better carrying out of the provisions of this Act.
Title:
Protection of Traditional Knowledge and Expressions of Culture Act 2019 / No. 21 of 2019
Country:
Vanuatu
Type of document:
Legislation
Data source:
Files: