Traditional Knowledge Laws: Ethiopia
Title | Proclamation No. 209/2000 Research and Conservation of Cultural Heritage Proclamation |
Subject Matter | Traditional Knowledge |
Issue(s) | Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection |
Type(s) of Legislation | Other |
Subject Matter of Protection
Article 3 - Definition
In this proclamation unless the context requires otherwise:
(4) "Cultural Heritage" - means anything tangible or intangible which is the product of creativity and labour of man in the pre-history times, that describes and witnesses to the evolution of nature and which has a major value in its scientific, historical, cultural, artistic and handicraft content;
(5) "Intangible Cultural Heritage" means any Cultural Heritage that cannot be felt by hands but can be seen or heard and includes different kinds of performances and show, folklore, religious, belief, wedding and mourning ceremonies, music, drama, literature and similar other cultural values, traditions and customs of nations, nationalities and peoples.
Beneficiaries or Rightholders
Article 14 - Ownership of Cultural Heritage
1. Cultural Heritage may be owned by the state or by any person;
2. Notwithstanding the provisions of Sub-Article (1) of this Article, Cultural Heritage discovered in accordance with the provisions of Part three therein may be held in ownership only of the state.
Scope of Protection
Article 19 - Conservation and Restoration of Cultural Heritage
1. Any conservation and restoration work on Cultural Heritage shall be carried out with the prior approval of the Authority.
2. Where the expenses required for the conservation and restoration are beyond the means of the owner, the government may grant the necessary assistance to cover part of such expenses.
Article 22 - The Use of Cultural Heritage
1. Cultural Heritage shall be used for the purpose of promoting the development of science, education, culture and fine arts.
2. The use of Cultural Heritage for economic and other purposes may only be allowed if such use is not detrimental to its preservation and does not impair its historical, scientific and artistic values.
3. The use of Cultural Heritage shall be in accordance with the directives to be issued under this proclamation.
Article 23 - Transfer of Ownership of Cultural Heritage
1. Where any holder of Cultural Heritage transfers it to another, both parties shall submit, in advance, a written notification to the Authority.
2. The authority shall enjoy a right of preemption over the sale of Cultural Heritage.
Article 24 - Trading in Cultural Heritage
1. No person may engage in the purchase and sale of Cultural Heritage for commercial purposes.
2. Any person may record Cultural Heritage on film or cast or reproduce them in any manner for commercial purposes in accordance with the regulations or directives to be issued.