Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(f) give prior informed consent for use of information relating
to traditional knowledge and expressions of folklore
licenced with ARIPO.
(5) The following principles and concepts shall apply to, and
be a basis for, access and use of, traditional knowledge, genetic
resources and expressions of folklore:
(a) recognition of the social, cultural, spiritual, economic,
intellectual, scientific, ecological, agricultural, medical,
technological, commercial and educational value of, and
respect for, traditional knowledge systems, traditional
knowledge, genetic resources and expressions of
folklore;
(b) responsiveness to the actual needs of holders by
empowering them to exercise due control over their
traditional knowledge, genetic resources and expressions
of folklore;
(c) repression of misappropriation of traditional knowledge
and other unfair and inequitable uses;
(d) protection and promotion of tradition based creativity and
innovation and the transfer of technology to the mutual
benefit of society, holders and users;
(e) support of traditional knowledge systems;
(f) promotion of benefit sharing;
(g) promotion of the use of traditional knowledge for a bottom
up approach to development;
(h) prior informed consent;
(i) fair competition;
(j) use of the patent system to protect innovation in traditional
knowledge, genetic resources and expressions of
folklore;
(k) use of distinctive signs, including trade marks, collective
marks, certification marks and geographical indications;
and
(l) recognition of customary laws and practices which define
how traditional communities develop, hold and transmit
traditional knowledge, including the custodianship of
traditional knowledge, genetic resources and expressions
of folklore.
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