Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 457 “ traditional knowledge systems ” means the traditional knowledge of a traditional community, including the contributions made by such a community to the conservation of the environment, food security and sustainable agriculture, improvement in the health of populations, progress of science and technology, preservation and safeguarding of cultural heritage, development of artistic skills and enhancing diversity of cultural content and expressions of folklore and other artistic expressions; “traditional method or process” means discoveries, innovations, practices and technologies made or used by a traditional community, individual or group which are usually not recorded in written form or otherwise and transmitted orally from one generation to another; and “ user ” means any person or agent who obtains access. 3. (1) Despite anything to the contrary, this Act shall not apply to— (a) the access, use and exchange of traditional knowledge, genetic resources and expressions of folklore by an owner or among traditional communities, as the case may be; and (b) the sale of produce of biological resources for direct consumption that do not involve the use of genetic resources. (2) An appropriate institution shall not be required to obtain authorisations, in accordance with this Act, to exploit traditional knowledge, genetic resources or expressions of folklore except that a Ministry or an appropriate institution shall not transfer the traditional knowledge, genetic resources or expression of folklore to a third person, commercially exploit or export the traditional knowledge, genetic resource or expression of folklore unless the Agency so authorises. (3) Despite the other provisions of this Act, the use of traditional knowledge, genetic resources or expressions of folklore for educational, research and experimental purposes shall be exempt from the provisions of this Act. Extent of application and exemption

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