Traditional Knowledge Laws: Congo

Subject Matter of Protection

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.

Beneficiaries or Rightholders

Article 15

Folklore shall belong originally to the national heritage.

Article 18

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 exploitatioin 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.

Exceptions and Limitations

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.