458
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
Extent of
protections,
benefits
and
principles
4. (1) This Act protects—
(a) a holder against infringement of the holder’s rights in
relation to traditional knowledge, genetic resources and
expressions of folklore;
(b) traditional knowledge and expressions of folklore against
misappropriation, misuse and unlawful exploitation;
(c) an equitable balance between the rights and interests of
holders and users;
(d) genetic resources found in-situ and ex-situ against
misappropriation and illegal exploitation; and
(e) improper grant and exercise of intellectual property rights
in traditional knowledge, genetic resources and
expressions of folklore.
(2) A holder shall have the right to institute legal proceedings
against any person who acts contrary to subsection (1) without the
prior informed consent of the holder, including all other rights,
remedies and actions available to a holder as specified in this Act.
(3) This Act shall not be construed as limiting or defining the
diverse and holistic conceptions relating to traditional knowledge,
genetic resources and expressions of folklore in the traditional
context but shall be construed and enforced taking into account the
dynamic and evolving nature of traditional knowledge, genetic
resources and expressions of folklore.
(4) A holder shall enjoy the following benefits and may excise
the following rights:
(a) register transboundary traditional knowledge and
expressions of folklore in accordance with the
Swakopmund Protocol;
(b) be able to record with the Agency their genetic resources;
(c) be able to protect their intellectual property rights relating
to traditional knowledge and expressions of folklore;
(d) be able to register their traditional knowledge and
expressions of folklore with ARIPO and obtain benefits
arising from the commercial use of such knowledge and
folklore;
(e) be able to use the alternative dispute settlement procedures
at ARIPO to settle disputes arising from traditional
knowledge and expressions of folklore shared by
different traditional communities across national
boundaries; and