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Palau

Constitution of the Republic of Palau

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Palau

Year of current version:1992
Date of entry into force of original text:January 1, 1981
Date of Text (Adopted):July 9, 1980
Type of Text:Constitution / Basic Law
Subject Matter:Other
Notes:
The Constitution of the Republic of Palau was adopted by the Palau Constitutional Convention from January 28 to April 2, 1979, ratified at the Third Constitution Referendum on July 9, 1980, and entered into force January 1, 1981. This text includes the amendments until November 4, 1992.

The Constitution does not contain provisions that specifically refer to copyrights and industrial property rights. However, the Preamble of the Constitution guarantees sui generis rights for the respect and full protection of traditional cultural expressions and the traditional knowledge: 'We renew our dedication to preserve and enhance our traditional heritage, our national identity and our respect to peace, freedom and justice for all mankind...'
The traditional and customary rights are furthermore highly recognized and honored in Article V 'Traditional Rights'.

The Constitution also contains many provisions which especially recognize and guarantee the right to property. Section 6 of Article IV 'Fundamental Rights' prohibits the deprivation of private property, providing that: 'The government shall take no action to deprive any person of life, liberty, or property without due process of law nor shall private property be taken except for a recognized public use and for just compensation in money or in kind'.
The protection of private property rights is similarly specified in Section 7 of Article IV 'Fundamental Rights, Article VI 'Responsibilities of the National Government', Section 14 of Article VIII 'Executive' and Section 7 of Article XIII 'General Provisions'.
Available Texts: 
English

Constitution of the Republic of Palau Constitution of the Republic of Palau, Complete document (pdf) [148 KB]

Related Legislation:
WIPO Lex No.:PW002

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