Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 “ ARIPO ” means the African Regional Intellectual Property Organisation; “ benefits ” means the value, privileges, consideration, profit or gain derived from the use of traditional knowledge, genetic resources and expressions of folklore, as the case may be; “ benefit sharing” means the equitable and just sharing of benefits, whether monetary or non-monetary, from the utilisation of traditional knowledge, genetic resources and expressions of folklore; “ biodiversity ” means the variability among living organisms from all sources of ecosystems and the ecological complexes of which they are part and includes diversity within species, between species and of ecosystems; “ biological resource ” includes genetic resources, organisms or parts of these, populations or any other biotic component of an ecosystem with actual or potential value for humanity; “ Board ” means the Board of the Agency constituted in accordance with the Patents and Companies Registration Agency Act; “ court ” means a court of competent jurisdiction; “ customary laws and practices ” means the customary laws, values, norms, protocols and practices of a traditional community; “ derivative ” means a product extracted or developed from a natural resource and includes a plant variety, oil, resin, gum, medicine, chemical and protein; “ exploitation ” means (a) where the traditional knowledge is a product— (i) manufacturing, importing, offering for sale, selling or using the product beyond the traditional context; (ii) being in possession of the product for the purposes of offering it for sale, selling it or using it beyond the traditional context; or (b) where the traditional knowledge is a method or process— 453 Act No. 15 of 2010

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