Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore [ No. 16
of 2016
16. (1) The beneficiary of traditional knowledge shall be the
holder.
(2) A benefit derived by a traditional community shall be put to
the common benefit of the traditional community.
17. A holder has the exclusive right to—
(a) authorise the exploitation of the holder’s traditional
knowledge; and
(b) prevent anyone from exploiting the holder’s traditional
knowledge without the holder’s prior informed consent.
18. (1) A user of traditional knowledge shall obtain the prior
informed consent from a holder or, where the holder so requires,
from the Agency who shall act on behalf of the holder.
(2) The Agency shall, in complying with subsection (1), act in
accordance with the traditional decision-making and governance
processes of the traditional community concerned.
(3) Where the Agency collects any benefits, when acting on
behalf of a holder as specified in subsection (1), it shall transmit the
benefits to the holder together with any written document from the
user relating to the amount paid or other benefits granted.
(4) A contract evidencing prior informed consent shall be in
writing and shall specify all details of the consent, including the
concrete acts permitted, the duration of the uses which have been
permitted, the circumstances of the use and the conditions for the
consent, such as equitable remuneration or benefit sharing.
(5) The Agency shall ensure the legality of a contract, specified
in subsection (4), and generally provide the required assistance to
a holder.
(6) The Agency shall approve a contract specified in subsection
(4).
(7) A contract which is not in writing and approved by the
Agency is void.
(8) Where a particular element of traditional knowledge is
claimed to be owned by several holders, the Agency shall publicly
notify an applicant requiring access so as to enable all holders to
make their claims.
(9) Where there is uncertainty or a dispute as to which
traditional community is the holder of a particular traditional
knowledge and from which prior informed consent is to be obtained,
the matter shall be resolved in accordance with the customary
laws and practices of the traditional communities involved.
463
Beneficiaries
of traditional
knowledge
Rights of
holder
Exercise of
rights