462 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 (2) The Registrar may sell copies of the Intellectual Property Journal at such price and in such manner as the Board may approve. Eligibility for protection of traditional knowledge Formalities and measures for protecting traditional knowledge PART III TRADITIONAL KNOWLEDGE 14. (1) Traditional knowledge shall be protected in accordance with this Act if it fulfils the following conditions: (a) it is generated, preserved and transmitted in a traditional and intergenerational context; (b) it is distinctively associated with a traditional community, individual or group; (c) it is integral to the cultural identity of a traditional community that is recognised as holding the knowledge through a form of custodianship, guardianship or collective and cultural ownership or responsibility, whether formally or informally, by customary laws and practices. 15. (1) The protection of traditional knowledge shall not be as a result of registration or any other formality but shall subsist automatically from the time the knowledge is or was created. (2) Notwithstanding subsection (1) and the existence of the Register, the Agency may, in the interest of transparency, evidence and the preservation of traditional knowledge, and subject to relevant policies, laws and procedures and the needs and aspirations of holders, establish and maintain various registers or other records on traditional knowledge. (3) The registers established, in accordance with subsection (2), may be associated with specific forms of protection and shall not comprise the status of undisclosed traditional knowledge or the interests of holders in relation to undisclosed elements of their knowledge. (4) Where a traditional community and a community outside Zambia share the same traditional knowledge, the Registrar shall register the holder of the traditional knowledge in the Register and maintain relevant records. (5) A registration effected, in accordance with this Act, shall have a declaratory function and shall not involve or require the documentation, recording or public disclosure of the traditional knowledge but such registration may serve as evidence in legal proceedings as to the identity and legal status of the traditional knowledge as registered.

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