Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(i) priority to supply raw materials of the genetic resource
required for the production of products derived from
the genetic resource;
(j) access to products and technologies derived or developed
from the genetic resource or traditional knowledge;
(k) training, both at institutional and traditional community
levels, to enhance local skills in genetic resources or
traditional knowledge, and their conservation, evaluation,
development, propagation and use;
(l) provision of equipment, infrastructure or technological
support; or
(m) any other benefits as may be appropriate in relation to
the genetic resource or traditional knowledge.
44. (1) The Agency may, in consultation with the appropriate
institution, alter an access agreement and limit the size of the genetic
resource to be accessed or put any other limitation, as appropriate,
where it is recognised that access shall result in genetic erosion,
degradation of the environment or violation of the cultural values
of a traditional community or any other circumstances which cannot
be easily averted.
(2) The Agency shall, in consultation with the relevant
appropriate institution and the holder, suspend or terminate an access
agreement and prohibit access to the traditional knowledge or genetic
resource, where—
(a) an access permit holder has violated or fails to comply
with any provision of this Act or the terms and conditions
of an access agreement;
(b) access causes risk or damage to genetic resources, the
environment; or
(c) affects the public interest.
(3) Where the Agency decides to alter, suspend or terminate
an access agreement, in accordance with subsection (2), it shall
communicate its decision to the holder and access permit holder.
45. (1) The Agency or an appropriate institution designated by
the Agency shall monitor the execution of all access agreements
through the following mechanisms:
(a) inspections;
(b) periodic progress and status reports by access permit
holders;
473
Regulatory
measures
relating to
access
agreement
Monitoring
of access
agreements
and research