Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
“ fair competition ” means any act of competition that is based
on honest practices in industrial or commercial matters and
includes various acts that do not mislead the public or cause
confusion;
“ genetic resource ” means any genetic material of a biological
resource containing genetic information having actual or
potential value for humanity and includes derivatives, fauna
and flora of terrestrial, aquatic and any other origin which
may be used by the holder to obtain specific practical outputs
in any field of human activity or derivative;
“ holder ” means a traditional community, an individual or a
group, irrespective of the pattern of ownership, and who is
the owner of the traditional knowledge, genetic resource
or expression of folklore in a traditional and intergenerational
context who has a right over or to whom traditional
knowledge, a genetic resource or expression of folklore
belongs to, in accordance with customary laws and
practices;
“ innovation ” means a product derived from a traditional
method or process, whether documented, recorded or in
oral form, which introduces a change and includes an
alteration, modification or improvement or any component
of a biological resource or gene, enhanced use or value
through the application of traditional knowledge;
“ intergenerational ” means being or occurring between or
across generations;
“ in-situ ” means a condition in which a genetic resource is
found in its natural habitat or ecosystem;
“ plant variety ” includes cultivar, clone, landrace, hybrid or
strain;
“ practice ” means a traditional method or process or way of
doing things, with regards to traditional knowledge, genetic
resource or expressions of folklore;
“ prior informed consent ” means the giving by a prospective
user of traditional knowledge, a genetic resource or
expression of folklore, complete information to a traditional
community, individual or group and based on the information,
the prior understanding and acceptance by a traditional
community, individual or group to use their traditional
knowledge, genetic resource or expression of folklore in
accordance with this Act;
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