Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(2) The publication or oral description of a given genetic resource,
the presence of the genetic resource in a gene bank or other
conservation centre or the fact that it is in use shall not affect the
protection of the genetic resource or the rights of a traditional
community over the genetic resource.
32. (1) Without prejudice to section three, a person shall not
access genetic resources unless prior informed consent of the
concerned traditional community is given and the person is in
possession of an access permit.
(2) A traditional community may enter into an access agreement
with a user.
(3) Subject to this Act, the granting of an access permit shall
not be construed to constitute a permit to access traditional
knowledge associated with genetic resources.
(4) A traditional community shall obtain a fair and equitable share
from benefits arising from the utilisation of its genetic resources.
(5) A permit holder shall, when collecting genetic resources,
be accompanied by an authorised person from the Agency or an
appropriate institution designated by the Agency.
(6) Except with the approval of the Agency, research based
on a genetic resource, accessed in accordance with this Part, shall
be carried out in Zambia with the participation of Zambian citizens
designated by the Agency.
(7) Where the Agency approves the undertaking of research
on genetic resources outside Zambia, the institution sponsoring or
hosting the research shall give a letter of assurance to the Agency
agreeing to comply with the obligations, terms and conditions imposed
by the Agency.
(8) Without prejudice to section three, a person shall not export
genetic resources unless that person is in possession of an export
permit granted by an appropriate institution.
33. (1) Subject to section thirty-four, a person may apply, in
the prescribed manner and form, to the Agency for a permit to
access genetic resources.
(2) The Agency shall, in consultation with the appropriate
institution, examine the application in accordance with the terms,
conditions and procedures specified in regulations issued under this
Act.
467
Conditions
to access and
export of
genetic
resources
Application
and grant of
access
permit