A.66 Invalidation of registration of traditional knowledge Expiry of protection of traditional knowledge Specific rights over traditional knowledge (b) the identification of the local community or communities that created the traditional knowledge, and an identification of the geographical distribution of the community and its intrinsic differentiating characteristics where applicable; and (c) the date of application. 119. The Registrar or any third party with a legitimate interest may petition the Court for an invalidation of the registration of traditional knowledge where — (a) the registered traditional knowledge has not been created by the person or persons who initially applied for registration; (b) before registration, the registered traditional knowledge was disclosed to the public and as a result has been commercially or industrially exploited in Botswana; or (c) the registered traditional knowledge has lost its value as an element of cultural identification as a result of its explicit abandonment, or of continuous non-use, or continued use in a distorted manner by third parties with the knowledge of the owner. 120. Protection of registered traditional knowledge shall expire when it has lost its value — (a) as an element of cultural identification; (b) as a result of willful and expressed abandonment by its owner or owners; or (c) as a result of non-use or use in a distorted manner by third parties of which the owner or owners are aware. 121. (1) Protection of traditional knowledge under this Act shall confer on the owner the following exclusive rights — (a) where the subject matter of protection is a product, the right to prevent third parties without consent from making, using, stocking, offering for sale, selling, commercializing, importing or exporting the product or any element thereof; (b) where the subject matter of protection is a domesticated animal, cultivated plant or any micro-organism, the right to prevent third parties without consent from reproducing, multiplying or preparing for reproduction through an offer of sale, sale, importing, exporting or any form of commercialization; (c) where the subject matter of protection is a design or an object of a functional or aesthetic nature including any element of handicrafts, the right to prevent third parties without consent from making or reproducing any object with a similar configuration as regards shape, colour, material, technique and the overall style or visual impression of the handicrafts that are characteristic to it; (d) where the subject matter of protection is a name, a symbol, an emblem or any distinctive sign of a religious, spiritual, cultural or economic nature, the right to prevent third parties without consent from any kind of use, both in maternal language or any other language that consist of an identical or similar sign on a product or on a product associated with services, making of labels, packages or other material that reproduce or contain the signs for a commercial or any other purpose.

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