Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
reasonable commercial terms and conditions, the Minister may, in
the interest of public security or public health, grant a compulsory
licence to fulfill a national need.
(2) The Minister shall fix an appropriate amount of
compensation where a compulsory licence has been granted in
accordance with subsection (1).
24. Traditional knowledge shall be protected for as long as the
knowledge fulfils the protection criteria referred to in section
fourteen, except that where traditional knowledge belongs
exclusively to an individual, the protection given, in accordance
with this Act, shall last for twenty-five years following the
exploitation by the individual of the traditional knowledge beyond
its traditional context.
25. Any authorisation or licence given in accordance with this
Part to access traditional knowledge that is protected, in accordance
with this Act, that is associated with genetic resources shall not
imply an authorisation to access the genetic resources derived from
that traditional knowledge.
PART IV
GENETIC RESOURCES
26. The ownership of genetic resources vests in, and shall be
held by, the President on behalf of the Zambian people.
27. Subject to this Act, a traditional community has the following
rights over its genetic resources:
(a) the exclusive right to regulate access to its genetic
resources;
(b) an inalienable right to use its genetic resources;
(c) the exclusive right to share the benefits arising from the
utilisation of its genetic resources; and
(d) the right to assign and conclude access agreements.
28. (1) Any access, authorisation, assignment or licence granted
in respect of genetic resources shall be in writing and if not so done
is void.
(2) An access agreement, for purposes of subsection (1), shall
be approved by the Agency and if not so approved is void.
(3) The Agency shall keep a register of all access agreements,
authorisations, assignments and licences granted in accordance with
subsection (1).
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Duration of
protection
of
traditional
knowledge
Access to
traditional
knowledge
associated
with
genetic
resources
Ownership
of genetic
resources
Rights of
traditional
community
Assignments,
licences,
authorisation
and access
of genetic
resources