462
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(2) The Registrar may sell copies of the Intellectual Property
Journal at such price and in such manner as the Board may approve.
Eligibility for
protection of
traditional
knowledge
Formalities
and
measures for
protecting
traditional
knowledge
PART III
TRADITIONAL KNOWLEDGE
14. (1) Traditional knowledge shall be protected in accordance
with this Act if it fulfils the following conditions:
(a) it is generated, preserved and transmitted in a traditional
and intergenerational context;
(b) it is distinctively associated with a traditional community,
individual or group;
(c) it is integral to the cultural identity of a traditional community
that is recognised as holding the knowledge through a
form of custodianship, guardianship or collective and
cultural ownership or responsibility, whether formally
or informally, by customary laws and practices.
15. (1) The protection of traditional knowledge shall not be as
a result of registration or any other formality but shall subsist
automatically from the time the knowledge is or was created.
(2) Notwithstanding subsection (1) and the existence of the
Register, the Agency may, in the interest of transparency, evidence
and the preservation of traditional knowledge, and subject to relevant
policies, laws and procedures and the needs and aspirations of
holders, establish and maintain various registers or other records
on traditional knowledge.
(3) The registers established, in accordance with subsection
(2), may be associated with specific forms of protection and shall
not comprise the status of undisclosed traditional knowledge or the
interests of holders in relation to undisclosed elements of their
knowledge.
(4) Where a traditional community and a community outside
Zambia share the same traditional knowledge, the Registrar shall
register the holder of the traditional knowledge in the Register and
maintain relevant records.
(5) A registration effected, in accordance with this Act, shall
have a declaratory function and shall not involve or require the
documentation, recording or public disclosure of the traditional
knowledge but such registration may serve as evidence in legal
proceedings as to the identity and legal status of the traditional
knowledge as registered.