675 Protection of Traditional Knowledge and Cultural Expressions No. 33 2016 (a) whether the defendant was aware or ought reasonably to have been aware of the rights of the holders as provided for under this Act; (b) the effect on the honour or reputation of the holders resulting from the unauthorized use; (c) anything done by the defendant to mitigate the effects of the unauthorized use; (d) any cost or difficulty that may have been associated with identifying the holders; (e) (f) any cost or difficulty in ceasing or reversing any false attribution of ownership, or derogatory treatment of the traditional knowledge or cultural expressions; or whether the parties have undertaken any other action to resolve the dispute. 40. In addition to the remedies provided under this Act, any dispute may be resolved through- (a) (b) (c) Other mcchurisms to rosolvc disputcs. mediation; alternative dispute resolution procedures; or customary laws, practices and protocols not inconsistent with the Constitution. 41, The rights not affect *y ith.r and remedies provided in this Act shall rights of acti'on or remedies provided othcrrightsrnd rcmodte* under other written laws. PART IX-TRANSITIONAL MEASURES AND MISCELLANEOUS (l) Upon the commencement of this Act, any person who, before the commencement of this Act, was lawfully involved in the exploitation and dissemination of traditional knowledge shall be required to comply with the provisions of this Act within twelve months, subject to equitable treatment of the rights acquired by third parties in 42. good faith. (2) The continued use of cultural expression rights acquired before the commencement of this Act shall, within twelve months of the commencement of this Act, be reviewed and harmonised with the provisions of this Act, subject to equitable treatment of the rights and interests acquired by third parties through prior use in good faith. r*nsition'

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents