466 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 Right to regulate access to genetic resources Right to use Protection of community rights 29. (1) The rights of a traditional community to regulate access to its genetic resources shall include the following: (a) the exclusive right to give prior informed consent for access to its genetic resources; (b) the right to refuse consent when it believes that the intended access shall be detrimental to the integrity of its cultural or natural heritage; (c) the right to withdraw or place restriction on any prior informed consent given for access to its genetic resources where the consent is likely to be detrimental to its socioeconomic life or natural or cultural heritage; and (d) the right to demand the restriction or withdrawal of any prior informed consent given by the Agency for access to its genetic resources where it is found that the prior informed consent is likely to be detrimental to its socioeconomic life or natural or cultural heritage. (2) The Minister may, by statutory instrument, prescribe the conditions and procedures under which prior informed consent for access to genetic resources may be given. 30. (1) A traditional community has an inalienable right to use or exchange with other traditional communities its genetic resources for sustaining its livelihood systems in accordance with customary laws and practices. (2) A legal restriction shall not be placed on the traditional systems of a traditional community for the use and exchange of genetic resources, except where the holder refuses to grant a licence on reasonable commercial terms and conditions. (3) Where a genetic resource is not being sufficiently exploited by the holder or the holder refuses to grant a licence subject to reasonable commercial terms and conditions the Minister may, in the interest of public security or public health, grant a compulsory licence to fulfill a national need. (4) Where a compulsory licence has been granted, in accordance with subsection (3), the Minister shall fix an appropriate amount of compensation in the absence of an access agreement between the parties. 31. (1) The rights of a traditional community over its genetic resources shall be protected in accordance with this Act.

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