Traditional Knowledge Laws: Mauritius

Subject Matter of Protection

Article 2 - Interpretation

“derivative work” means a translation, adaptation, arrangement or other alteration of a pre-existing artistic, literary or scientific work and which work includes —
(a) a collection, compilation or arrangement or other transformation of pre-existing works, of expressions of foklore or traditional cultural expression of mere facts or data whether in machine readable or other form.

“expressions of folklore” —
(a) means production of characteristic elements of the traditional artistic heritage developed and maintained by a community or by individuals reflecting the traditional artistic expectations of a community;
(b) includes folk tales, folk poetry, folk songs, instrumental folk music, folk dances and plays, artistic forms or rituals and production of folk art.

“perform” means to present a work or expressions of folklore by a personal rendition;

“performer” means actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore;

“traditional cultural expressions” means any form of artistic and literary expression, tangible or intangible, or a combination of both —
(a) in which traditional culture and knowledge are embodied;
(b) which is intergenerational, including but not limited to phonetic, verbal and tangible expressions;

Scope of Protection

Article 4 - Derivative works

The protection of any derivative work shall be without prejudice to any protection of a preexisting work or traditional cultural expression or expression of folklore incorporated in or utilised for the making of such a work.