A.67 (2) No person shall distort a registered traditional knowledge in any way, especially distortion of a spiritual or cultural identity of a community that owns traditional knowledge or any act that implies direct or indirect use of the knowledge for any purpose including scientific or academic research, without the owner’s consent: (3) Notwithstanding the provisions of subsection (1), where the subject matter of protection is a product which has been put in the market in Botswana by either the owner or by a third party with the consent of the owner, commercial acts in respect of the product shall not be regarded as distorting the cultural identity of the community or in any way contribute to it. (4) Where, upon registration of traditional knowledge, an owner takes reasonable steps to keep part of the elements of the traditional knowledge a secret, no person shall disclose or acquire the undisclosed knowledge in any manner contrary to honest commercial practices. 122. (1) Any proceedings concerning the protection or infringement of rights over traditional knowledge shall be initiated either by the local community or any other owner of that knowledge. (2) The Court may order the infringing party to pay to the local community an amount to be prescribed. 123. The rights of local communities over registered traditional knowledge under this Act may not be assigned, ceded or transferred in any manner. 124. (1) The Minister may, on grounds of public interest, after hearing any local community that owns traditional knowledge, authorize the scientific, commercial or industrial exploitation of that knowledge or any element of it, by a third party, where — (a) the exploitation does not distort or offend the cultural identity of the local community; and (b) the local community is granted an equitable share of any benefit derived from such scientific, commercial or industrial exploitation. (2) The exploitation granted under subsection (1) shall be limited by the scope and duration of the authorization and shall expire when it can no longer be justified on the basis of public interest. 125. (1) Local communities may grant licensing agreements to exploit traditional knowledge or any element of it to third parties subject to the following conditions — (a) payment by the third party, at the discretion of the community, including payment of either a lump sum, royalty fee or participation in the benefits directly or indirectly derived from the exploitation of the knowledge; (b) conferment by the third party of benefits such as educational grants, medical assistance or any other benefits; (c) the exploitation does not lead to distortion of any kind; and (d) registration of the licensing agreement with the Registrar. Right to institute infringement proceedings Transfer, assigning, etc., of rights over traditional knowledge Exploitation of traditional knowledge rights by others Granting of licences by owners of traditional knowledge