Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
457
“ traditional knowledge systems ” means the traditional
knowledge of a traditional community, including the
contributions made by such a community to the conservation
of the environment, food security and sustainable
agriculture, improvement in the health of populations,
progress of science and technology, preservation and
safeguarding of cultural heritage, development of artistic
skills and enhancing diversity of cultural content and
expressions of folklore and other artistic expressions;
“traditional method or process” means discoveries,
innovations, practices and technologies made or used by a
traditional community, individual or group which are usually
not recorded in written form or otherwise and transmitted
orally from one generation to another; and
“ user ” means any person or agent who obtains access.
3. (1) Despite anything to the contrary, this Act shall not apply
to—
(a) the access, use and exchange of traditional knowledge,
genetic resources and expressions of folklore by an
owner or among traditional communities, as the case
may be; and
(b) the sale of produce of biological resources for direct
consumption that do not involve the use of genetic
resources.
(2) An appropriate institution shall not be required to obtain
authorisations, in accordance with this Act, to exploit traditional
knowledge, genetic resources or expressions of folklore except
that a Ministry or an appropriate institution shall not transfer the
traditional knowledge, genetic resources or expression of folklore
to a third person, commercially exploit or export the traditional
knowledge, genetic resource or expression of folklore unless the
Agency so authorises.
(3) Despite the other provisions of this Act, the use of traditional
knowledge, genetic resources or expressions of folklore for
educational, research and experimental purposes shall be exempt
from the provisions of this Act.
Extent of
application
and
exemption