Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(3) A notification to the Agency, made in accordance with
subsection (2), shall have a declaratory function and shall not in
itself constitute a right or require the documentation, recording or
public disclosure of the expression of folklore.
(4) Where a traditional community and a community from
outside Zambia share the same expression of folklore, the Registrar
shall register the holder of the expression of folklore within the
Republic and maintain a record of such holding in the Register.
48. The beneficiary of an expression of folklore shall be the
traditional community—
(a) to whom the custody and protection of the expression of
folklore is entrusted in accordance with customary laws
and practices; and
(b) who maintains and uses the expression of folklore as a
characteristic of its traditional cultural heritage.
49. (1) An expression of folklore shall be protected against
misappropriation, misuse and unlawful exploitation.
(2) Despite the generality of subsection (1), the following acts
are prohibited, except with the prior informed consent of the
traditional community:
(a) in respect of expressions of folklore other than words,
signs, names and symbols—
(i) the reproduction, publication, adaptation,
broadcasting, public performance, communication, distribution, rental, making available to
the public and fixation of the expression of
folklore or any derivative of the expression of
folklore;
(ii) any use of the expression of folklore or adaptation
of the expression of folklore which does not
acknowledge, in an appropriate manner, the
traditional community as the source of the
expression of folklore or any derivative of the
expression of folklore;
(iii) any distortion, mutilation or other modification of,
or other derogatory action in relation to, the
expression of folklore; and
475
Beneficiary
of
expressions
of folklore
Protection
of
expressions
of folklore
against
unlawful
acts