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Traditional Knowledge Laws: Paraguay

Title Law No. 1328/98 on Copyright and Related Rights
Subject Matter Traditional Cultural Expressions
Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection
Type(s) of Legislation IP Law

Subject Matter of Protection

Article 2

For the purposes of this Law, the following expressions and their various derived forms shall have the meanings specified:

(11) "expressions of folklore", productions of characteristic elements of the traditional cultural heritage, consisting of the whole range of literary or artistic works created by unknown or unidentified authors and handed down from generation to generation, and which conform to the expectations of the traditional cultural identity of the country or its ethnic communities.

Beneficiaries or Rightholders

Article 83

The State, acting through the National Directorate of Copyright and other agencies responsible for the care of the traditional cultural heritage, shall be entrusted with protecting it against abusive exploitation or the violation of its integrity.

Scope of Protection

Article 83

Published or unpublished expressions of folklore shall be permanently protected against improper exploitation and mutilation or distortion.

Article 84

Where an expression of folklore serves as the basis for a derived work, the author of the latter, or the person who discloses or disseminates it by any means or process, shall specify the regional community in which the expression originated, and its title if it has one.

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