458 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 Extent of protections, benefits and principles 4. (1) This Act protects— (a) a holder against infringement of the holder’s rights in relation to traditional knowledge, genetic resources and expressions of folklore; (b) traditional knowledge and expressions of folklore against misappropriation, misuse and unlawful exploitation; (c) an equitable balance between the rights and interests of holders and users; (d) genetic resources found in-situ and ex-situ against misappropriation and illegal exploitation; and (e) improper grant and exercise of intellectual property rights in traditional knowledge, genetic resources and expressions of folklore. (2) A holder shall have the right to institute legal proceedings against any person who acts contrary to subsection (1) without the prior informed consent of the holder, including all other rights, remedies and actions available to a holder as specified in this Act. (3) This Act shall not be construed as limiting or defining the diverse and holistic conceptions relating to traditional knowledge, genetic resources and expressions of folklore in the traditional context but shall be construed and enforced taking into account the dynamic and evolving nature of traditional knowledge, genetic resources and expressions of folklore. (4) A holder shall enjoy the following benefits and may excise the following rights: (a) register transboundary traditional knowledge and expressions of folklore in accordance with the Swakopmund Protocol; (b) be able to record with the Agency their genetic resources; (c) be able to protect their intellectual property rights relating to traditional knowledge and expressions of folklore; (d) be able to register their traditional knowledge and expressions of folklore with ARIPO and obtain benefits arising from the commercial use of such knowledge and folklore; (e) be able to use the alternative dispute settlement procedures at ARIPO to settle disputes arising from traditional knowledge and expressions of folklore shared by different traditional communities across national boundaries; and