472
Benefit
sharing
Types of
benefits
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[No. 16 of 2016
(h) relevant institution designated by the Agency that is to
participate in the collection of the genetic resource and
monitor the implementation of the access agreement;
(i) benefits the traditional community is to obtain from the
use of the traditional knowledge or genetic resource;
(j) duration of the access agreement;
(k) dispute settlement mechanisms; and
(l) obligations and privileges the access permit holder shall
have under the access agreement.
(3) An access agreement may provide for collaborative
research on genetic resources to be undertaken with any person,
institution or the Agency.
42. (1) The nature and amount to be shared by a holder in the
benefits derived from the exploitation of genetic resources or
traditional knowledge shall be as provided in section twenty or may
be determined on a case by case basis.
(2) The non-monetary benefits to be derived by a holder from
the exploitation of genetic resources or traditional knowledge shall
be specified in an access agreement taking into account the nature
of benefits, except that the benefits derived by a traditional
community from the utilisation of a genetic resource or traditional
knowledge shall be put to the common benefit of the traditional
community.
43. The benefits to be derived by a holder from the exploitation
of genetic resources or traditional knowledge shall include any or a
combination of the following:
(a) the license fee;
(b) upfront payment;
(c) milestone payment;
(d) royalty;
(e) research and development funding;
(f) joint ownership of intellectual property;
(g) employment opportunity;
(h) participation of Zambian nationals, the Agency or
appropriate institution designated by the Agency in the
research, and development based on the genetic resource
or traditional knowledge;