456
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
Act No. 15
of 2010
“ protected area ” means a geographic area that is protected
in accordance with any other law;
“ Register ” means the Register of Traditional Knowledge,
Genetic Resources and Expressions of Folklore established
and maintained in accordance with section eleven and
includes the Register as maintained in electronic form;
“ Registrar ” means the person appointed as Registrar in
accordance with the Patents and Companies Registration
Agency Act, 2010;
“ sustainable use ” means the use of components of biological
diversity in a way and at a rate that does not lead to the
long-term decline of biodiversity, thereby maintaining its
potential to meet the needs and aspirations of present and
future generations;
“ Swakopmund Protocol ” means the ARIPO Protocol on the
Protection of Traditional Knowledge and Expressions of
Folklore which came into force on the 9th August, 2010;
“ traditional community ” means a human population living in
a distinct geographical area in Zambia which is the creator
or recognised, according to customary laws and practices,
as the creator and custodian of a traditional knowledge,
genetic resource or expression of folklore and the words
“community” and “local community” shall be construed
accordingly;
“ traditional context ” means knowledge, practices, knowhow, learning, skill, process and method which traditionally
or through custom and culture was or is developed,
sustained and passed on from generation to generation
within a traditional community or by individuals or groups
in the community, and which forms part of a community’s
cultural or spiritual identity and includes agricultural,
medicinal knowledge and biodiversity-related knowledge;
“ traditional knowledge ” means any knowledge, not limited
to a specific subject area, technical or medical field
associated with genetic resources, originating from a
traditional community, individual or group that is the result
of intellectual activity and insight in a traditional context
and where the knowledge is embodied in the traditional
lifestyle of a traditional community or is codified in
knowledge systems and passed on from one generation to
another;