464
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(10) For the purposes of subsection (1), the Agency may, on
request by the holders or on its own volition, act as mediator in any
matter specified in subsection (9).
(11) This section shall not affect a contract entered into before
the coming into force of this Act.
Assignment
19. (1) A holder shall have the right to assign and may conclude
and licensing an access agreement, except that traditional knowledge belonging
to a traditional community may not be assigned.
(2) Any access, authorisation, assignment or licence granted
in respect of traditional knowledge, that is protected in accordance
with this Act, shall be in writing and if not so done is void.
(3) An access agreement, for the purpose of subsection (2),
shall be approved by the Agency and if not so approved is void.
(4) The Agency shall keep a register of all authorisation, licences
and assignments granted in accordance with this section.
Extent of
20. (1) The protection extended to a holder includes benefit
benefitsharing arising from the commercial or industrial use of the holder’s
sharing
traditional knowledge as determined by an access agreement
between the holder and user.
(2) The Court may, in the absence of an access agreement, as
specified in subsection (1), determine the extent of benefit sharing
in accordance with section forty-two.
(3) The right to benefit sharing may include non-monetary
benefits, such as contributions to community development depending
on the material needs and cultural preferences expressed by the
traditional community.
Acknowledg21. A person who uses traditional knowledge beyond its
ement of
traditional context shall acknowledge the holder, indicate its source
holder
and, where possible, its origin and use the traditional knowledge in
a manner that respects the cultural values of the holder.
Exceptions
22. The protection of traditional knowledge shall not be
and
prejudicial
to the continued availability of the traditional knowledge
limitations
applicable
within the traditional context for the practice, exchange, use and
to
transmission of the traditional knowledge by its holder.
protection
of
traditional
knowledge
Compulsory
licence
23. (1) Where traditional knowledge, which is protected in
accordance with this Act, is not being sufficiently exploited by the
holder or where the holder refuses to grant access subject to