Compilation of National Laws Governing Traditional Knowledge

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Traditional Knowledge Laws: Botswana

Title Copyright and Neighbouring Rights Act 2000 (Act No. 6 of 2006)
Subject Matter Traditional Cultural Expressions
Issue(s) Subject Matter of Protection
Type(s) of IP Law
Legislation
Subject Matter of Protection
Section 2 - Interpretation
"expression of folklore" means a group-oriented and tradition-based creation of groups or
persons reflecting the expectation of the community as an adequate expression of its
cultural and social identity, its standards and values as transmitted orally, by imitation or
by other means including-
(i) folktales, folk poetry, and folk riddles;
(ii) folk songs and instrumental folk music;
(iii) folk dances and folk plays;
(iv) productions of folk arts in particular, drawings, paintings, carvings, sculptures,
pottery, terra-cotta, mosaic, woodwork, metal-ware, jewellery, handicrafts, costumes, and
indigenous textiles;
Section 3 - Works protected

(2) Literary and artistic works under this Act include-
(d) stage productions of works referred to in paragraph (a) and of expressions of folklore;
Section 4 - Derivative works

(1) The following derivative works shall be protected as works-
(a) translations, adaptations, arrangements and other transformations or modifications
of works; and
(b) collections of works, collections of mere data (data bases), whether in
machine readable or other form, and collections of expression of folklore, provided that
such collections are original by reason of the selection, co-ordination or arrangement of
their contents.
(2) The protection of any work referred to in subsection (1) shall be without prejudice
to any protection of a pre-existing work or expression of folklore incorporated in or
utilized for the making of such a work.
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Traditional Knowledge Laws: Brazil

Title Law No. 9.610 of February 19, 1998 on Copyright and Neighboring Rights
Type(s) of IP Law
Legislation
Article 5
XIII. "performers" means all actors, singers, musicians, dancers and other persons who
enact, sing, recite, declaim, interpret or otherwise perform literary or artistic works
or expressions of folklore.
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Traditional Knowledge Laws: Burkina

Faso
Title Law No. 032-99/AN of December 22, 1999 on the Protection of Literary and Artis
Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection; E
Type(s) of IP Law
Legislation
Article 7
The following shall also be protected as works:
- translations, adaptations, staging, arrangements and other alterations of works and
expressions of traditional cultural heritage.
Article 88
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For the purposes of this Law, "expressions of traditional cultural heritage" shall be
understood as productions made up exclusively of characteristic elements of traditional
artistic and literary heritage, which is developed and continued by a national community
of Burkina Faso or by individuals who are considered to meet this community's
traditional artistic expectations, especially popular tales, popular poetry, popular songs
and instrumental music, popular dance and shows and artistic expressions of rituals and
productions of popular art.
Beneficiaries or Rightholders
Article 88
Expressions of traditional cultural heritage, the authors of which are not known but where
it is reasonable to presume they are nationals of Burkina Faso, shall be part of national
heritage. The same shall be true for expressions of traditional cultural heritage, the
individual authors of which are known and have been dead for more than seventy (70)
years.
Article 89
Expressions of traditional cultural heritage by known individual authors shall belong to
their authors if, in accordance with the term of copyright protection, the expressions are
not yet in the public domain. Any person claiming to be the author of an expression of
traditional cultural heritage must legally prove that he is the author.
The royalties to be paid by the users upon exploitation of expressions of traditional

cultural heritage whose authors are known shall be shared between the rights holders and
the collective management organization in accordance with the organization's distribution
rules.
Scope of Protection
Article 90
Expressions of traditional cultural heritage which are part of national heritage shall be
protected under this Law against illicit exploitation and other prejudicial actions.
Any publication and communication to the public of an identifiable expression of

traditional cultural heritage which is part of national heritage shall properly indicate its
source either by mentioning the name of the author and/or the geographical place from
where the expression originates.
The copies of expressions of traditional cultural heritage, including for copies of

translations, arrangements and other alterations of these expressions, made without either
authorization or declaration as required, may not be imported, exported or distributed.
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Article 91
The following uses of expressions of traditional cultural heritage which are part of
national heritage shall be subject to the authorization of the collective management
organization, pursuant to the agreement of the Minister of Culture where expressions are
used both with gainful intent and outside their traditional or customary context:
- any publication, reproduction and distribution of copies of expressions of traditional
cultural heritage which are part of national heritage;
- any public recitation or performance, any transmission by wire or wireless means, and
any other form of communication to the public of expressions of traditional cultural
heritage which are part of national heritage.
Exceptions and Limitations
Article 92
The creation of works derived from expressions of traditional cultural heritage which
are part of national heritage such as adaptations, translations, transcriptions, collections
with or without agreement, and other alterations shall be free of charge for the people of
Burkina Faso. Such creation shall be subject to authorization from the collective
management organization for foreigners. The creation, after its production, shall be
declared to the collective management organization.
Article 94
The exceptions to copyright provided for in this Law shall apply mutatis mutandis to
expressions of traditional cultural heritage.
Article 21
Where a work has been legally disclosed, the author may not prohibit:
- private and gratuitous performances held exclusively within the family circle;
- copies or reproductions reserved strictly for the private use of the copier and not
intended for collective use, with the exception of:
copies of the works of art or architecture to be used for purposes identical to those
for which the original work was created;
the total or substantial reproduction of databases;
the reproduction of computer programs subject to the provisions under Article 23
below;
the import of a copy of a work by a natural person for personal ends;
- parody, pastiche or caricature subject to the laws of the genre.
Article 22
Where a work has been legally disclosed, the author may not prohibit, on condition that
the author's name and the source are clearly indicated:
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- analyses and short quotations justified by the critical, polemic, educational, scientific or
informative nature of the work in which they are incorporated;
- press reviews;
- reproduction and dissemination, even in its entirety, through the press or by telecasts:
news; news articles on politics, society, economics or religion; speeches intended for the
public made in political, administrative, judicial or academic gatherings; sermons;
lectures; addresses or other works of the same nature.
- the use of literary or artistic works as teaching examples by means of publication,
broadcasting or audio or visual recordings, on the condition that such use is not abusive
and is devoid of any commercial purpose.
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Traditional Knowledge Laws: Cameroon

Title Law No. 2000/011 on Copyright and Neighbouring Rights
Type(s) of IP Law
Legislation
Section 2
(9) "works derived from folklore" shall be ones based on facts and ideas borrowed from
the traditional cultural heritage of the country.
(10) "folklore" shall mean all productions involving aspects characteristic of traditional
cultural heritage, produced and perpetuated by a community or by individuals who
clearly reflect the expectations of such community, comprising particularly folk tales,
folk dances and shows, as well as artistic expressions, rituals and productions of popular
art;
Section 4
(2) the following shall be protected as composite works, without prejudice to the
copyright in in the already existing work:
(b) collections of works, including those which express folklore or simple facts or
data, such as encyclopedias, anthologies, compiled data, which are reproduced either on
machine-readable mediums or any other form which, by the choice or arrangement of
their contents, constitute original works;
(c) folklore-inspired works.
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Section 5(1)
Folklore shall belong originally to the national cultural heritage.
Scope of Protection
Section 5(3)
Its [folklore's] representation, direct or indirect fixation for profit-making purposes shall
be subject to prior authorization from the service in charge of culture, in return for
payment of royalty whose amount shall be fixed by statutory instrument following the
conditions applicable in each of the categories of creation considered.
Section 5(2)
The representation or direct or indirect fixation of folklore for private purposes shall be
allowed.
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Traditional Knowledge Laws: Colombia

Title Law No. 23 of 1982 (January 28) On Copyright
Type(s) of IP Law
Legislation
Article 187
The following shall belong to the public domain:
ii) works of folklore and traditional works by unknown authors.
Article 189
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Indigenous art in all its manifestations, including dances, songs, crafts, drawings and
sculptures, shall belong to the cultural heritage.
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Traditional Knowledge Laws: Congo

Title Law No. 24/82 of July 7, 1982 on Copyright and Neighbouring Rights
Type(s) of IP Law
Legislation
Article 15
For the purposes of this Law, folklore shall mean all literary and artistic productions
created on the national territory by authors presumed to be Congolese nationals or by
Congolese ethnic communities, passed from generation to generation and constituting
one of the basic elements of the national cultural heritage.
Article 12
The following shall also be protected as original works:
translations, adaptations, arrangements of music and other transformations of a literary,

artistic or scientific work;
collections of literary, artistic or scientific works, such as encyclopedias and anthologies

which, by reason of the selection and arrangement of their contents, constitute intellectual
creations;
works derived from Congolese folklore.
Article 15
Folklore shall belong originally to the national heritage.
Article 18
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The revenue from such fees shall be administered by the body referred to in Article 68
and shall be used for cultural and social purposes of benefit to Congolese authors.
Scope of Protection
Article 17
The adaptation of folklore or the use of elements borrowed from folklore shall be
declared to the body referred to in Article 68.
Article 18
The public performance, or reproduction by any means whatsoever, of national folklore,
with a view to exploitation for profit-making purposes shall be subject to prior
authorization by the body referred to in Article 68, against payment of a fee of which the
amount shall be fixed in accordance with the usual practice in each of the categories of
creation involved.
Article 20
Copies of works of national folklore and copies of translations, arrangements or other
transformations of such works, manufactured abroad without authorization from the body
referred to in Article 68, shall be neither imported nor distributed.
Article 68
The administration of the rights referred to in Art. 28 and the defense of the moral
interests referred to in Art. 31 shall be entrusted to a professional body of authors of
which the tasks and operation shall be laid down by decree issued by the Council of
Ministers.
Article 19
Article 18 shall not apply where works of national folklore are used by a public agency
for non-profit-making purposes. However, such public agency shall be required to make a
declaration to the body referred to in Article 68.
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Traditional Knowledge Laws: Egypt

Title Law No. 82 of 2002 Pertaining to the Protection of Intellectual Property Rights, Co
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Issue(s) Subject Matter of Protection; Scope of Protection
Type(s) of IP Law
Legislation
Article 138
(6) Derivative work: A work which is derived from an existing one, such as translations,
musical re-arrangements, compilations of works, including readable databases, from the
computer or otherwise, and collections of expressions of folklore, which by reason of the
arrangement and selection of their contents, are considered as created works.
(7) National folklore: Any expression which consists of distinctive elements reflecting
the traditional popular heritage, which originated or developed in Egypt, including in
particular:
(a) Oral expressions such as folk tales, poetry and charades, and other folklore;
(b) Musical expressions such as popular songs accompanied by music;
(c) Motion expressions, such as popular dances, plays, artistic forms and rituals;
(d) Tangible expressions such as:
--Products of popular plastic art, particularly drawings with lines and colours,
engravings, sculpture, ceramics, pottery, woodwork and any inlaid designs,
mosaics, metal or jewellery, hand-woven bags, needlework, textiles, carpets and
clothes;
--Musical instruments;
--Architectural forms.
Article 140
Protection under this Law is conferred to authors of literary and artistic works and
particularly the following works:
(13) Derivative works, without prejudice to the protection prescribed for the works from
which they have been derived. Protection shall cover also the title of the work if it is
inventive.
Scope of Protection
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Article 142
National folklore shall be considered part of the public domain of the people. The
competent ministry shall exercise the author's economic and moral rights and shall
protect and support such folklore.
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Traditional Knowledge Laws: Gambia

Title Copyright Act 2004
Type(s) of IP Law
Legislation
individuals reflecting the expectation of the community as an adequate expression of its
by other means, including
(a) folktale, folk poetry and folk riddle;
(b) folk song and instrumental folk music;
(c) folk dance and folk play; and
(d) production of folk art, in particular, drawing, painting, carving, sculpture, pottery,
terracotta, mosaic, woodwork, metal ware, jewelry, handicraft, costume and indigenous
textile;
"folklore" means the literary, artistic and scientific work belonging to the cultural
heritage of the Gambia which are created, preserved and developed by ethnic
communities of the Gambia or by unidentified Gambian authors.
Section 6 - Derivative works eligible for copyright

(1) The following derivative works are also protected by copyright -
(b) collection of works, collection of mere data (database), whether in machine-
readable or other form, and collections of expressions of folklore if the, collection is
original by reason of the selection or arrangement of their contents.
(2) The protection of a work referred to in subsection (1) is without prejudice to any
protection of a pre-existing or utilized for the making of the work.
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Section 26 - Duration of folklore in copyright

The rights vested in the Secretary of State on behalf of and in trust for the people of The
Gambia in respect of expression of folklore under section 8 existing in perpetuity.
Scope of Protection
Section 8 - Expressions of folklore protected

(1) Expression of folklore is protected by copyright under this Act against
(a) reproduction;
(b) communication to the public by performance, broadcasting, distribution by cable
or other means; and
(c) adaptation, translation and other transformation, when the expression is made
either for commercial purposes or outside a traditional or customary context.
(3) The source of an identifiable expression of folklore shall be indicated in all printed
publications, and in connection with any communications to the public, in an appropriate
manner, and in conformity with fair practice, by mentioning the community or place from
where the expression utilised was derived.
Section 8 - Expressions of folklore protected

(2) The protection conferred in subsection (1) does not include the right to control
(a) the doing of any of the acts by way of fair dealing for private and domestic use,
subject to the condition that, if the use is public, it shall be accompanied by an
acknowledgement of the title of the work and its source;
(b) the utilisation for purposes of education, utilisation by way of illustration in an
original work of an author, provided that the extent of such utilisation is compatible with
fair practice;
(c) the borrowing of expression of folklore for creating an original work of an
author, provided that the extent of such utilisation is compatible with fair practice; or
(d) the incidental utilisation of expressions of folklore.
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Traditional Knowledge Laws: Indonesia

Title Law No. 19 of July 29, 2002 on Copyright

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Issue(s) Beneficiaries or Rightholders; Scope of Protection
Type(s) of IP Law
Legislation
Article 10(2)
The state shall hold the copyright for folklores and works of popular culture that are
commonly owned, such as stories, legends, folk tales, epics, songs, handicrafts,
choreography, dances, calligraphies, and other artistic works.
Scope of Protection
Article 10(3)
To publish or reproduce the works as referred to in paragraph (2), any person who is not
the citizen of Indonesia shall, firstly, seek permission from the institution related to the
matter.
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Traditional Knowledge Laws: Iran

(Islamic Republic of)
Title Copyright Law
Type(s) of IP Law
Legislation
Article 2 - Works protected by copyright are as follows:

10. Original works based on folklore and national heritage of culture and arts.
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Traditional Knowledge Laws: Lebanon

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Title Law No. 75 of 1999 on the Protection of Literary and Artistic Property
Type(s) of IP Law
Legislation
Article 4
The following shall be excluded from the protection provided by this Law:
- artistic folkloric works of all kinds. However, works inspired by folklore shall enjoy
protection.
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Traditional Knowledge Laws: Lesotho

Title Copyright Order No. 13 of 1989
Issue(s) Subject Matter of Protection; Scope of Protection; Exceptions and Limitations
Type(s) of IP Law
Legislation
"expression of folklore" means production consisting of characteristic elements of the
traditional artistic heritage developed and maintained over generations by a community
or by individuals reflecting the traditional artistic expectations of their community.
Section 19 - Utilizations subject to authorization

(2) The following expressions shall be considered to be expressions of folklore,
(a) folk tales, folk poetry, riddles;
(b) folk songs and instrumental folk music;
(c) folk dances, plays and artistic forms of rituals;
(d) productions of folk art, in particular, drawings, paintings, carvings, sculptures,
pottery, terracotta, mosaic, woodwork, metalware, jewellery, basket costumes; and
(e) traditional musical instruments.
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The following shall also be protected as original works,
(c) works inspired by expressions of folklore.
Scope of Protection
Section 19 - Utilizations subject to authorization

(1) Subject to the exceptions provided for in section 20, the following utilizations of
expressions of folklore are subject to authorization by the regulations when they are made
both with gainful intent and outside their traditional or customary context,
(a) any publication, reproduction and any distribution of copies of expressions of
folklore; and
(b) communication to the public, including recitation, performance, broadcasting or
distribution by cable, of expressions of folklore.
Section 21 - Acknowledgement of source

Subject to subsection (2), in all printed publications, and in connection with any
communication to the public, of any identifiable expression of folklore, its source shall be
indicated in an appropriate manner, by mentioning the community or geographic place
from where the expression utilized has been derived.
Subsection (1) shall not apply to utilization referred to in section 19(2)(c) and (d).
Section 23 - Scope of protection

(1) The protection of expressions of folklore under this Order shall in no way be
interpreted so as to hinder the normal use, maintenance and development of such
expressions.
Section 20 - Exceptions
Section 19 shall not apply in the following cases,
(a) utilization for the purposes of education;
(b) utilization by way of illustration in an original work of an author or authors ;
Provided that the extent of such utilization is compatible with fair practice;
(c) borrowing expressions of folklore for creating an original work of an author or
authors inspired by folklore;
(d) incidental utilization of expressions of folklore, including, in particular,
(i) utilization of an expression of folklore that can be seen or heard in the course of a
current event for the purpose of reporting on that current event by means of photography,
broadcasting or sound or visual recording:
Provided that the extent of such utilization is justified by the informatory purposes; and
(ii) utilization of objects containing the expressions of folklore which are permanently
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located in a place where they can be viewed by the public, if the utilization consists in
including their image in a photograph, in film or in television broadcast.
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Traditional Knowledge Laws: Liberia

Title Copyright Law 1997
Type(s) of IP Law
Legislation
Section 2. 31 - Protection of expressions of folklore

(2) In the application of sub-section (1), in particular, the following are considered to be
"expressions of folklore":
a. folk tales, folk poetry, riddles;
b. folk songs and instrumental folk music
c. folk dances, plays and artistic forms or rituals;
d. production of folk art, in particular, drawings, paintings, carvings, sculputres,
pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket, costumes;
e. traditional musical instruments.
Section 2.2 - Subject matter of copyright

(1) Copyright protection subsists, in accordance with this chapter, in original works of
authorship fixed in any tangible medium of expression, now known or later developed,
from which they can be perceived, reproduced, or otherwise communicated either
directly or with the aid of a machine or device. Works of authorship shall include literary,
dramatic-musical and artistic works and, in particular:
(k) work inspired by expressions of folklore;
(l) translations, adaptation, arrangements and other transformations of the literary,
dramatic-musical and artistic works and works inspired by folklore (derivative works).
Scope of Protection
Section 2.31 - Acts against which expressions of folklore are protected and the
limitations of such protection
(1) Expressions of folklore are protected against infringement when such acts are made
with both gainful intent and outside their traditional or customary context.
(4) In all printed publications, and in connection with any communications to the public,
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of any identifiable expression of folklore, its source shall be indicated in an appropriate

manner, and in conformity with fair practice, by mentioning the community and/or
geographic place from where the expression utilized has been derived.
(5) The right to authorize acts referred to in sub-section (1) lies with the Minister of
Information.
Section 2.31 - Acts against which expressions of folklore are protected and the
limitations of such protection
(3) The limitations mentioned in Sections 2.7, 2.9, 2.10 and 2.11 apply to the rights
referred to in sub-section (1). Furthermore, sub-section (1) does not apply in the
following case:
(b) utilization by way of illustration in an original work of an author or authors,
provided that the extent of such utilization is compatible with fair practice;
authors, provided that the extent of such utilization is compatible with fair practices;
(d) incidental utilization of expressions of folklore.
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Traditional Knowledge Laws: Malawi

Type(s) of IP Law
Legislation
Section 4 - Works in which copyright subsists

(1) Copyright shall subsist in accordance with this Act in:
(b) expressions of folklore developed and maintained in Malawi;
"folklore" means all literary, dramatic, musical and artistic works belonging to the
cultural heritage of Malawi created, preserved and developed by ethnic communities of
Malawi or by unidentified Malawi authors, and includes, in particular:
(a) folk tales, folk poetry and riddles;
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(c)folk dances, plays and artistic forms of rituals;

(d) production of folk art, in particular drawings, paintings, carvings, sculptures, pottery,
terracotta, mosaic, woodwork, metalware, jewellery, baskets and costumes;
(e) traditional musical instruments; and
(f) any works designated as such by the Minister by notice published in the Gazette.

(1)The following derivative works shall be subject to copyright protection as if they were
original works:
(c) works inspired by expressions of folklore.
Scope of Protection
Section 25 - Certain uses of expressions of folklore to be subject to authorization

Subject to the provisions of section 26, the following uses of the expressions of folklore
shall be subject to prior written authorization by the Minister when they are made for
gainful purposes or outside their traditional and customary context:
(a) any publication, reproduction and any distribution of copies of expressions of
folklore; or
(b) any communication to the public, including recitation, performance, broadcasting or
Section 27 - Source of expressions of folklore to be acknowledged

In any printed publication or communication to the public wherein expressions of
folklore have been used, except for uses referred to in section 26(c) and (d), the user of
the expression of folklore shall acknowledge in such publication or communication the
source from where the expressions of folklore so used by him have been derived.
Section 26 - Free uses of expressions of folklore

The provisions of section 25 shall not apply to any use of the expressions of folklore in
the following cases:
(a) for the purposes of education;
(b) by way of illustration in an original work of an author provided that the extent of such
use is compatible with fair practice;
(c) using expressions of folklore for creating an original work by an author inspired by
folklore; and
(d) incidental use of expressions of folklore, including, in particular:
(i) that which can be seen or heard in the course of a current event by means of
photography, broadcasting or audio-visual work or sound recording, provided that the
extent of such use is justified by the informative purposes thereof, and
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(ii) use of objects containing the expressions of folklore which are permanently
located in a place where they can be viewed by the public, if the use consists in the
inclusion of their image in a photograph, a film or a television broadcast.
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Traditional Knowledge Laws: Mexico

Title Federal Law on Copyright (as amended up to January 14, 2016)
Type(s) of IP Law
Legislation
Subject matter of Protection
Article 116 Performers

Performer means the actor, narrator, speaker, singer, musician, dancer or any other
person who performs a literary or artistic work or an expression of folklore or who
engages in a similar activity, even though he may have no pre-existing text to guide his
performance.
Article 157
This law shall protect literary and artistic works, works of popular art or craft works, and
also all original manifestations in local languages, and the practices, customs and
traditions of the multicultural society constituting the Mexican state and that do not have
an identifiable author.
Scope of Protection
Article 158
Literary and artistic works, works of popular art or craft works that have evolved and are
perpetuated in a community or ethnic group with its origins or roots in the Mexican
Republic shall be protected by this Law against distortion intended to discredit the said
works or prejudice the reputation or image of the community or ethnic group to which
they belong.
Article 160
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In any fixation, representation, publication, communication or use in any way of a literary

or artistic work, work of popular art or craft work protected under this Chapter, the
community or ethnic group or, where appropriate, the Region of the Mexican Republic to
which it is specific shall be mentioned.
Article 159
The use of the literary or artistic works, works of popular art or craft works protected by
this Chapter shall be free, provided that the provisions thereof are not contravened.
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Traditional Knowledge Laws: Niger

Title Decree No. 93-027 on Copyright, Related Rights and Expressions of Folklore
Type(s) of IP Law
Legislation
Article 54 - Definitions
(1) "Folklore" means any productions created within the national territory by national
ethnic communities, handed down from generation to generation, and constituting one of
the fundamental elements of the traditional cultural heritage of a nation.
(2) "Expressions of folklore" means any productions consisting of characteristic elements
of the traditional artistic heritage developed and maintained by a community or by
individuals reflecting the traditional artistic expectations of such a community, in
particular:
- verbal expressions, such as folk tales, folk poetry and riddles;
- musical expressions, such as folk songs and instrumental music;
- expressions by actions, such as folk dances, plays and artistic forms of rituals;
- tangible expressions, such as:
(a) productions of folk art, in particular, drawings, paintings, carvings, sculptures,
pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket weaving, needlework,
textiles, carpets, costumes;
(b) musical instruments;
(c) architectural forms.
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Article 5 - Subject matter of protection: Derived works and collections

(1) The following shall also be protected as works:
(i) translations, adaptations, arrangements and other transformations of
(ii) works and expressions of folklore;
(iii) collections of works, expressions of folklore or of simple facts or data, such as
encyclopedias, anthologies and databases which, owing to the selection and arrangement
of their contents, are original.
(2) Protection of the works referred to in paragraph (1) shall not affect the protection of
pre-existing works used in the making of such works.
Scope of Protection
Article 56 - Utilization subject to authorization

Subject to the provisions of Article 58, the following utilizations of the expressions of
folklore shall be subject to authorization by the Copyright Office of Niger when they are
made both with gainful intent and outside their traditional or customary context:
(1) any publication, reproduction and any distribution of copies of expressions of
folklore;
(2) any public recitation or performance, any transmission by wireless means or by wire,
and any other form of communication to the public, of expressions of folklore.
Article 59 - Acknowledgement of source

manner, by mentioning the community and/or geographic
place from where the expression utilized has been derived.
Article 58 - Exceptions
(1) The provisions of Article 56 shall not apply in the following cases:
(i) utilization for purposes of education;
(ii) utilization by way of illustration in the original work of an author or authors,
provided that the extent of such utilization is compatible with fair practice;
(iii) borrowing of expressions of folklore for creating an original work of an author
or authors;
(2) The provisions of Article 56 shall not apply also where the utilization of the
expressions of folklore is incidental.
Incidental utilization shall include, in particular:
(i) utilization of any expression of folklore that can be seen or heard in the course of a
current event for the purposes of reporting on that event by means of photography,
broadcasting, or sound or visual recording, provided that the extent of such utilization is
justified by the informatory purpose;
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(ii) utilization of objects containing the expressions of folklore which are permanently
located in a place where they can be viewed by the public, if the utilization consists in
including their image in a photograph, a film or television broadcast.
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Traditional Knowledge Laws: Nigeria

Title Copyright Act - Chapter C28
Type(s) of IP Law
Legislation
Section 31(5)
For the purpose of this section,
"folklore" means a group-oriented and tradition-based creation of groups or individuals
reflecting the expectation of the community as an inadequate expression of its cultural
and social identity, its standards and values as transmitted orally, by imitation or by other
means including-
(a) folklore, folk poetry, and folk riddles;
(c) folk dances and folk plays;
(d) productions of folk art in particular, drawings, paintings, carvings, sculptures, pottery,
terracotta, mosaic, woodwork, metalwork, handicrafts, costumes, indigenous textiles.
Section 31(4)
The rights to authorise acts referred to in subsection (1) of this section shall vest in the
Nigeria Copyright Council.
Scope of Protection
Section 31(1)
Expressions of folklore are protected against -
(a) reproduction;
(b) communication to the public by performance, broadcasting, distribution by cable
or other means;
(c) adaptatiosn, translatiosn and other transformations
22
when such expressions are made either for commercial purposes or outside their
traditional or customary context.
where the expression utilised has been derived.
Section 31 (2)
(2) The right conferred in subsection (1) of this section shall not include the right to
control-
acknowledgement of the title of the work and its sources;
(b) the utilisation for purposes of education;
(c) utilisation by way of illustration in an original work of the author:
Provided that, the extent of such utilisation is compatible with fair practice;
(d) the borrowing of expressions of folklore for creating an original work of an
author: Provided that, the extent of such utilisation is compatible with fair practice
(e) the incidental utilisation of expressions of folklore.
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Traditional Knowledge Laws: Panama

Title Law No. 35 of May 10, 1996 on Industrial Property
Subject Matter Traditional Knowledge
Issue(s) Scope of Protection
Type(s) of IP Law
Legislation
Scope of Protection
Article 91
The following can not be registered as trademarks or elements thereof:
18. The words, letters, characters or symbols which are used by the Indian or religious
communities or nonprofit organizations, to distinguish the manner of processing the
products, the finished products or services, as well as those which constitute the
expression of their cult or custom, idiosyncrasy or religious practice, except then the
23
application be made for the benefit of one of the communities or associations to which
this numeral refers;
Article 146
The following cannot be registered as commercial names, or as any part of them:
The words, letters, characters or symbols which are used by native or religious
communities or by non-profit associations, to identify the manner in which they process
products or to distinguish finished products or services, or those which represent the
expression of their cult or custom, idiosyncrasy or religious practice, unless the
application be made for its own benefit by one of the communities or associations to
which this article refers.
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Traditional Knowledge Laws: Paraguay

Title Law No. 1328/98 on Copyright and Related Rights
Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection
Type(s) of IP Law
Legislation
Article 2
For the purposes of this Law, the following expressions and their various derived forms
shall have the meanings specified:
(11) "expressions of folklore", productions of characteristic elements of the traditional
cultural heritage, consisting of the whole range of literary or artistic works created by
unknown or unidentified authors and handed down from generation to generation, and
which conform to the expectations of the traditional cultural identity of the country or its
ethnic communities.
Article 83
The State, acting through the National Directorate of Copyright and other agencies
responsible for the care of the traditional cultural heritage, shall be entrusted with
protecting it against abusive exploitation or the violation of its integrity.
24
Scope of Protection
Article 83
Published or unpublished expressions of folklore shall be permanently protected against
improper exploitation and mutilation or distortion.
Article 84
Where an expression of folklore serves as the basis for a derived work, the author of the
latter, or the person who discloses or disseminates it by any means or process, shall
specify the regional community in which the expression originated, and its title if it has
one.
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Traditional Knowledge Laws: Peru

Title Copyright Law (Legislative Decree No. 822 of April 23, 1996)
Type(s) of IP Law
Legislation
Article 2
For the purposes of this Law, the expressions that follow, and the various derived forms
thereof, shall have the meanings specified:
(2) performer: the person who acts, sings, reads, recites, interprets or in any form
executes a literary or artistic work or an expression of folklore, including variety and
circus performers;
(12) expressions of folklore: productions of characteristic elements of the traditional
cultural heritage, consisting of the whole range of literary and artistic works created on
the national territory by unknown or unidentified authors presumed to be nationals of the
country or members of its ethnic communities, which are handed down from generation
to generation in such a way that they reflect the traditional artistic or literary aspirations
of a community;
Article 5
Protected works shall include the following:
(l) anthologies or compilations of various works or expressions of folklore, and data
bases, provided that the said collections are original in the selection, coordination or
arrangement of their contents;
25
Article 6
Without prejudice to the rights subsisting in the original work and the corresponding
authorization, the following shall also enjoy protection as derived works in so far as they
have original character:
(e) other transformations of literary or artistic works or expressions of folklore.
Scope of Protection
Article 57
The expiration of the periods provided for in this Law shall cause the economic rights to
lapse and the work to fall into the public domain and consequently become part of the
common cultural heritage.
Expressions of folklore shall likewise form part of the public domain.

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Traditional Knowledge Laws: Samoa

Type(s) of IP Law
Legislation
by other means, including –
(a) Folktales, folk poetry, and folk riddles;
(b) Folk songs and instrumental folk music;
(c) Folk dances and folk plays;
(d) Production of folk arts in particular, drawings, paintings, carvings, sculptures, pottery,
terra-cotta, mosaic, woodwork, metalware, jewelry, handicrafts, costumes, and
indigenous textiles.
Section 3 - Works protected

(1) Literary and artistic works (herein-after referred to as "works") are original
intellectual creations in the literary and artistic domain, including in particular –
26
(a) Books, pamphlets, articles, computer programs and other writings;

(b) Speeches, lectures, addresses, sermons and other oral works;
(c) Dramatic, dramatico-musical works, pantomimes, choreographic works and other
works created for stage productions;
(d) Stage productions of works mentioned in the previous item and of expressions
of folklore that are apt for such productions.
Scope of Protection
Section 29 - Rights Protected

(1) Expressions of folklore are protected against –
(a) Reproduction;
(b) Communication to the public by performance, broadcasting, distribution by cable
or other means; and
(c) Adaptation, translation and other transformation, when such expressions are made
either for commercial purposes or outside their traditional or customary context.
In all printed publications, and in connection with any communication to the public of
any identifiable expression of folklore, its source shall be indicated in an appropriate
manner and in conformity with fair practice, by mentioning the community or place from
where the expression utilized has been derived.
Section 29 - Rights Protected

(2) Subsection (1) of this section shall not apply where the acts referred to therein are
related to –
(a) The use by a physical person exclusively for his or her own personal purposes;
(b) Using short excerpts for reporting current events to the extent justified by the
purpose of providing current information;
(c) Use solely for the purpose of face to face teaching or for scientific research;
(d) Cases where under Part I, a work can be used without the authorization of the
author or other owner of copyright.
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Traditional Knowledge Laws: Senegal

Title Law No. 2008/09 of January 25, 2008 on Copyright and Neighboring rights in Sen

27
Type(s) of IP Law
Legislation
Article 156 - Definition of folklore

"Folklore" means all literary and artistic productions created by authors deemed to be of
Senegalese nationality that are passed from generation to generation and constitute one of
the basic elements of the traditional cultural heritage of Senegal.
Scope of Protection
Article 157- Exploitation of folklore and works in the public domain

1. The exploitation of folklore or of works derived from folklore, and of works that have
fallen into the public domain on expiry of the periods provided for in Articles 51 to 55,
shall be declared to the collective management society approved for that purpose and
shall be subject to payment of a royalty.
2. The amount of the royalty shall be determined by the Minister of Culture. It may not
exceed 50 per cent of the rate of remuneration usually paid to authors in accordance with
current contracts or practices.
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Traditional Knowledge Laws: Sudan

Title Copyright and Neighbouring Rights Protection Act 1996
Issue(s) Beneficiaries or Rightholders; Scope of Protection
Type(s) of IP Law
Legislation
Section 7(1)
National folklore of the Sudanese community is deemed to be the property of the State.
Scope of Protection
Section 7(2)
28
The State represented by the Ministry of Culture and Information, shall endeavor to
protect works of folklore by all legal ways and means, and shall exercise the rights of an
author in cases of mutilation, transformation and commercial exploitation.
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Traditional Knowledge Laws: Sierra

Leone
Type(s) of IP Law
Legislation
Section 1(1)
In this Act unless the context otherwise requires
by other means, including
(a) folktale, folk poetry and folk riddle;
(b) folk song and instrumental folk music;
(c) folk dance and folk play; and
(d) production of folk art, in particular, drawing, painting, carving, sculpture, pottery,
terracotta, mosaic, woodwork, metalware, jewelry, handicraft, costume and indigenous
textile;
"folklore" means the literary, artistic and scientific work belonging to the cultural
heritage of Sierra Leone which are created, preserve~ and developed by ethnic
communities of Sierra Leone or by unidentified Sierra Leonean authors.
Section 26
Rights vested in the President on behalf of and in trust for the people of Sierra Leone in
respect of folklore under section 9 exist in perpetuity.
Scope of Protection
29
Section 9(1)
An expression of folklore is protected by copyright under this Act against
(a) reproduction;
(b) communication to the public by performance, broadcasting, distribution by cable or
other means; and
(c) adaptation, translation and other transformation, when the expression is made either
for commercial purposes or outside a traditional or customary context.
(3) The source of an identifiable expression of folklore shall be indicated in all printed
publications, and in connection with any communications to the public, in an appropriate
where the expression utilized was derived.
Section 9(2)
The protection conferred in subsection (1) does not include the right to control
acknowledgement of the title of the work and its source;
(b) the utilisation for purposes of education, utilisation byway of illustration in an original
work of an author, provided that the extent of such utilisation is compatible with fair
practice;
(c) the borrowing of expression of folklore for creating an original work of an author,
provided that the extent of the utilisation is compatible with fair practice; or
(d) the incidental utilisation of expressions of folklore.
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Traditional Knowledge Laws: United

Republic of Tanzania
Title Copyright and Neighbouring Rights Act, (No. 7) 1999
Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Exceptions and Limita
Type(s) of IP Law
Legislation
Section 3(2) - Application

30
In this Act the expression "the protection of expressions of folklore" applies to

expressions of folklore developed and maintained in the United Republic of Tanzania.
(6) This Act shall further apply to -
(b) expression of foreign folklore, provided that the country of the community from
which such expressions have been derived, grants similar protection to expression of
folklore developed and maintained in the United Republic of Tanzania;
(c) works, expression of folklore [...] which are to be protected in the United Republic
of Tanzania by virtue of and in accordance with international conventions to which it is a
party.
"Expression of folklore" means production consisting of characteristic elements of the
traditional artistic heritage developed and maintained over generations by a community
or by individuals reflecting the traditional artistic expectations of their community.

(1) The following shall be protected as original works -
(a) translation, adaptations, arrangements and other transformation of literary, and
artistic works; and
(b) collection of literary and artistic works, such as encyclopaedia and anthologies; or
collection of expressions of folklore and compilation of data or data bases which, by
reason of selection and arrangement of their contents constitute intellectual creation; and
(c) works inspired by expression of folklore
(2) The protection of any work referred to in subsection (1) of this section shall be
without prejudice to any protection of a pre-existing work or expression of folklore
utilized for making of such work.
Section 24 - Protected expression of folklore

This Act protects expression of folklore such as -
(a) folk tales, folk poetry, riddles;
(c) folk dances, plays and artistic forms of rituals;
(d) production of folk art, in particular drawings, painting, carvings, sculpure, pottery,
terracotta, mosaic, wood work, metal ware, jewellery, baskets, costumes; and
(e) traditional musical instruments.
Section 29 - Competent authority

(a) For the purposes of this Act, the expression "competent authority" means The
National Arts Council of Tanzania established under section 3 of the National Arts
Council of Tanzania Act, 1984.
31
Scope of Protection
Section 25 - Utilization subject to authorization

Subject to the exception provided for in section 26, the following utilization of the
expression of folklore are subject to authorization by the competent authority when they
are made both with gainful intent and outside their traditional or customary context -
(a) any application, reproduction and distribution of copies of expressions of folklore;
(b) communication to the public, including recitation, performance, broadcasting or
Section 27 - Acknowledgement of source

In all printed publication, and in connection with any communications to the public, of
any identifiable expression of folklore its source shall be indicated in an appropriate
manner, by mentioning the community and/or geographic place from where the
expression utilized has been derived. The provisions shall not apply to utilization referred
to in Section 26 (c) and (d).
Section 26 - Exceptions
The provisions of section 25 shall not apply in the following cases -
(b) utilization by way of illustration in an original work of an author or authors, provided
that the extent of such utilization is compatible with fair practice;
authors inspired by folklore; [as per Section 27, acknowledgement of source is not
required]
(d) incidental utilization of an expression of folklore, including in particular-
(i) utilization of an expression of folkore that can be seen or heard in the course of a
current event for the purposes of reporting on the current event by means of photography,
broadcasting or sound or visual recording, provided that the extent of such utilization is
justifieid by the informatory purpose;
(ii) utilization of objects containing the expression of folklore which are permanently
located in a place where they can be viewed by the public, if the utilization consists
including their image in a photograph, in a film or in a television broadcasting.
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Traditional Knowledge Laws: Togo

Title Law No. 9112 of June 10, 1991 on the Protection of Copyright, Folklore and Relat
32
Type(s) of IP Law
Legislation
Article 6
The following in particular shall be considered works of the mind under this Law
(15) folklore and works derived from folklore, such as they are described in Chapter II
below.
Article 66
For the purposes of this Law, "folklore" shall mean all literary and artistic productions
created in Togo by anonymous, unknown or forgotten authors presumed to be of
Togolese nationality or from ethnic Togolese communities, passed from generation to
generation and constituting one of the basic elements of the Togolese cultural heritage.
Article 66
Folklore shall belong originally to the national cultural heritage.
Scope of Protection
Article 68
The adaptation of folklore or the use of elements inspired by folklore shall be declared
to the Copyright Office of Togo (BUTODRA).
Article 69
The public performance and reproduction by any means whatsoever of national folklore
with a view to exploitation for profit-making purposes shall be subject to prior
authorization by the Copyright Office of Togo (BUTODRA), against payment of a
royalty, the amount of which shall be determined according to the conditions customary
for each of the categories of creation considered.
The proceeds from that royalty shall be managed by the body referred to in the
subparagraph above and used for cultural and social purposes for the benefit of Togolese
authors.
33
Article 70
The provisions of Article 69 shall not apply when the works of national folklore are used
by a public person for non-profit purposes. However, this public person shall be obliged
to make a statement to the Copyright Office of Togo (BUTODRA).
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Traditional Knowledge Laws: Yemen

Title Intelletual Property Law (Presidential Law Decree No. 19 of 1994 in respect of Int
Type(s) of IP Law
Legislation
Article 4
The right of the writer shall not extend to:
4) works which are not fit for the subject of the right of an author, such as works which
contain anthologies from the tradition or folklore, or whose author is unknown.
Article 5
The author's right shall include the following:
- Who verified a set of folks innovations whose author is unknown, provided the reissue
or verification contains a personal element characterized by creation or innovation. In all
cases, this shall not prejudice the rights of the original author, translator or verifier.
=-=-=-=-=-=-=-=-=-=

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Traditional Knowledge Laws: Botswana

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection

Section 3 - Works protected

Section 4 - Derivative works

Traditional Knowledge Laws: Brazil

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection

Traditional Knowledge Laws: Burkina

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection; E

The royalties to be paid by the users upon exploitation of expressions of traditional

Any publication and communication to the public of an identifiable expression of

The copies of expressions of traditional cultural heritage, including for copies of

Exceptions and Limitations

Traditional Knowledge Laws: Cameroon

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection; E

Exceptions and Limitations

Traditional Knowledge Laws: Colombia

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection

ii) works of folklore and traditional works by unknown authors.

Traditional Knowledge Laws: Congo

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection; E

translations, adaptations, arrangements of music and other transformations of a literary,

collections of literary, artistic or scientific works, such as encyclopedias and anthologies

works derived from Congolese folklore.

Exceptions and Limitations

Traditional Knowledge Laws: Egypt

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection; Scope of Protection

(b) Musical expressions such as popular songs accompanied by music;

(d) Tangible expressions such as:

Traditional Knowledge Laws: Gambia

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection; E

Section 6 - Derivative works eligible for copyright

Section 26 - Duration of folklore in copyright

Section 8 - Expressions of folklore protected

Exceptions and Limitations

Section 8 - Expressions of folklore protected

Traditional Knowledge Laws: Indonesia

Subject Matter Traditional Cultural Expressions

Issue(s) Beneficiaries or Rightholders; Scope of Protection

Traditional Knowledge Laws: Iran

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection

Article 2 - Works protected by copyright are as follows:

Traditional Knowledge Laws: Lebanon

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection

Traditional Knowledge Laws: Lesotho

Subject Matter Traditional Cultural Expressions

Issue(s) Subject Matter of Protection; Scope of Protection; Exceptions and Limitations

Section 19 - Utilizations subject to authorization

Section 4 - Derivative works

Section 19 - Utilizations subject to authorization

Section 21 - Acknowledgement of source

Section 23 - Scope of protection

Exceptions and Limitations

Traditional Knowledge Laws: Liberia