Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 16. (1) The beneficiary of traditional knowledge shall be the holder. (2) A benefit derived by a traditional community shall be put to the common benefit of the traditional community. 17. A holder has the exclusive right to— (a) authorise the exploitation of the holder’s traditional knowledge; and (b) prevent anyone from exploiting the holder’s traditional knowledge without the holder’s prior informed consent. 18. (1) A user of traditional knowledge shall obtain the prior informed consent from a holder or, where the holder so requires, from the Agency who shall act on behalf of the holder. (2) The Agency shall, in complying with subsection (1), act in accordance with the traditional decision-making and governance processes of the traditional community concerned. (3) Where the Agency collects any benefits, when acting on behalf of a holder as specified in subsection (1), it shall transmit the benefits to the holder together with any written document from the user relating to the amount paid or other benefits granted. (4) A contract evidencing prior informed consent shall be in writing and shall specify all details of the consent, including the concrete acts permitted, the duration of the uses which have been permitted, the circumstances of the use and the conditions for the consent, such as equitable remuneration or benefit sharing. (5) The Agency shall ensure the legality of a contract, specified in subsection (4), and generally provide the required assistance to a holder. (6) The Agency shall approve a contract specified in subsection (4). (7) A contract which is not in writing and approved by the Agency is void. (8) Where a particular element of traditional knowledge is claimed to be owned by several holders, the Agency shall publicly notify an applicant requiring access so as to enable all holders to make their claims. (9) Where there is uncertainty or a dispute as to which traditional community is the holder of a particular traditional knowledge and from which prior informed consent is to be obtained, the matter shall be resolved in accordance with the customary laws and practices of the traditional communities involved. 463 Beneficiaries of traditional knowledge Rights of holder Exercise of rights