464 Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 (10) For the purposes of subsection (1), the Agency may, on request by the holders or on its own volition, act as mediator in any matter specified in subsection (9). (11) This section shall not affect a contract entered into before the coming into force of this Act. Assignment 19. (1) A holder shall have the right to assign and may conclude and licensing an access agreement, except that traditional knowledge belonging to a traditional community may not be assigned. (2) Any access, authorisation, assignment or licence granted in respect of traditional knowledge, that is protected in accordance with this Act, shall be in writing and if not so done is void. (3) An access agreement, for the purpose of subsection (2), shall be approved by the Agency and if not so approved is void. (4) The Agency shall keep a register of all authorisation, licences and assignments granted in accordance with this section. Extent of 20. (1) The protection extended to a holder includes benefit benefitsharing arising from the commercial or industrial use of the holder’s sharing traditional knowledge as determined by an access agreement between the holder and user. (2) The Court may, in the absence of an access agreement, as specified in subsection (1), determine the extent of benefit sharing in accordance with section forty-two. (3) The right to benefit sharing may include non-monetary benefits, such as contributions to community development depending on the material needs and cultural preferences expressed by the traditional community. Acknowledg21. A person who uses traditional knowledge beyond its ement of traditional context shall acknowledge the holder, indicate its source holder and, where possible, its origin and use the traditional knowledge in a manner that respects the cultural values of the holder. Exceptions 22. The protection of traditional knowledge shall not be and prejudicial to the continued availability of the traditional knowledge limitations applicable within the traditional context for the practice, exchange, use and to transmission of the traditional knowledge by its holder. protection of traditional knowledge Compulsory licence 23. (1) Where traditional knowledge, which is protected in accordance with this Act, is not being sufficiently exploited by the holder or where the holder refuses to grant access subject to

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières