466
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
Right to
regulate
access to
genetic
resources
Right to use
Protection of
community
rights
29. (1) The rights of a traditional community to regulate access
to its genetic resources shall include the following:
(a) the exclusive right to give prior informed consent for access
to its genetic resources;
(b) the right to refuse consent when it believes that the intended
access shall be detrimental to the integrity of its cultural
or natural heritage;
(c) the right to withdraw or place restriction on any prior
informed consent given for access to its genetic
resources where the consent is likely to be detrimental
to its socioeconomic life or natural or cultural heritage;
and
(d) the right to demand the restriction or withdrawal of any
prior informed consent given by the Agency for access
to its genetic resources where it is found that the prior
informed consent is likely to be detrimental to its
socioeconomic life or natural or cultural heritage.
(2) The Minister may, by statutory instrument, prescribe the
conditions and procedures under which prior informed consent for
access to genetic resources may be given.
30. (1) A traditional community has an inalienable right to use
or exchange with other traditional communities its genetic resources
for sustaining its livelihood systems in accordance with customary
laws and practices.
(2) A legal restriction shall not be placed on the traditional
systems of a traditional community for the use and exchange of
genetic resources, except where the holder refuses to grant a licence
on reasonable commercial terms and conditions.
(3) Where a genetic resource is not being sufficiently exploited
by the holder or the holder refuses to grant a licence subject to
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.
(4) Where a compulsory licence has been granted, in
accordance with subsection (3), the Minister shall fix an appropriate
amount of compensation in the absence of an access agreement
between the parties.
31. (1) The rights of a traditional community over its genetic
resources shall be protected in accordance with this Act.