Palau
Constitution of the Republic of 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, Traditional Cultural Expressions, Traditional Knowledge (TK) |
| Notes: | |
| Available Texts: | |
| English | |
| Related Legislation: | Relates to
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| WIPO Lex No.: | PW002 |
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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'.