Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 (2) The uses of expression of folklore referred to in subsection (1) shall be compatible with fair competition and practice, acknowledgment of the traditional community as the source of the expression of folklore and not be offensive to the traditional community. 51. An expression of folklore shall be protected against all acts of misappropriation, misuse or exploitation for as long as the expression of folklore fulfills the protection criteria set out in section forty-six. 52. (1) A holder of an expression of folklore shall have the right to conclude a licensing agreement. (2) An authorisation, assignment or licence granted in respect of an expression of folklore shall be granted in accordance with a licensing agreement or is void, except that an expression of folklore belonging to a traditional community may not be assigned. (3) A licensing agreement, drawn up for the purpose of subsection (2), shall be approved by the Agency or the agreement is void. (4) Despite subsections (1), (2) and (3), the Agency may grant authorisation to exploit expressions of folklore. (5) Where the Agency grants an authorisation in accordance with subsection (4)— (a) the authorisation shall comply with the scope of protection provided for the expression of folklore and shall in particular provide for benefit sharing; (b) any uncertainty or dispute with which a traditional community is concerned, shall be resolved, as far as possible, in accordance with customary laws and practices; and (c) any monetary or non-monetary benefits arising from the use of the expression of folklore shall be transferred, by the Agency, directly to the traditional community. (6) The Agency shall keep a register of all licencing agreements approved by the Agency in accordance with this section. 53. (1) The owner of an expression of folklore shall be entitled to the sharing of benefits arising from the commercial or industrial use of the expression of folklore as determined by mutual agreement between the owner and the user. 477 Duration of protection of expressions of folklore Licensing agreements Benefit sharing relating to expressions of folklore

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