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Protection of Traditional Knowledge, Genetic
[ No. 16 of 2016 Resources and Expressions of Folklore
(i) making use of the method or process beyond
the traditional context; or
(ii) carrying out the acts referred to under
paragraph (a) with respect to a product
that is a direct result of the use of the
method or process;
“ exploration ” means an activity to find out the existence or
the status of a given genetic resource;
“ exploration permit ” means a permit granted by the Agency
in accordance with section thirty-nine;
“ exploration permit holder ” means a person holding an
exploration permit;
“ expressions of folklore ” means any form, whether tangible
or intangible, in which traditional culture and knowledge is
expressed, appears or manifests, and includes the following
forms of expressions or combinations:
(a) verbal expressions, including stories, epics, legends,
poetry, riddles and other narratives, words, signs,
names and symbols;
(b) musical expressions, including songs and instrumental
music;
(c) expressions by movement or incorporating
movement, including dances, plays, artistic forms,
rituals and other performances, whether or not
reduced to a material form;
(d) tangible expressions, including productions of art,
drawings, designs, paintings, body painting,
carvings, sculptures, pottery, terracotta, mosaic,
woodwork, metal ware, jewelry, baskets, needlework, textiles, glassware, carpets, costumes,
handicrafts, musical instruments and architectural
forms; and
(e) any other output of creative and cumulative
intellectual activity characteristic of a traditional
community’s distinctive cultural identity and
traditional heritage developed and maintained by
that traditional community, individuals or groups
who have the right or responsibility to do so in
accordance with customary laws and practices;
“ ex-situ ” means a condition in which a genetic resource is
found outside of its natural habitat or ecosystem;