478
Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(2) The court may, in the absence of a mutual agreement, as
specified in subsection (1), determine the benefit sharing.
(3) The right to benefit sharing may extend to non-monetary
benefits such as contributions to community development, depending
on the material needs and cultural preferences expressed by a
traditional community.
Evidence of
certain
entries and
documents
Requests for
information
Proceedings
before
Registrar
PART VII
GENERAL AND ENFORCEMENT PROVISIONS
54. (1) A certificate purporting to be signed by the Registrar
and certifying that an entry, which the Registrar is authorised by or
under this Act to make, has or has not been made, or that any other
thing which the Registrar is so authorised to do, has or has not
been done, shall be prima facie evidence of the matters so certified.
(2) A copy of any entry in the Register or any other register
maintained in accordance with this Act or any document or an
extract from the Register or any such register or document, certified
by the Registrar shall be admitted in evidence without further proof
and without production of the original.
55. Subject to this Act, the Registrar shall, on the request of any
person and on payment of the prescribed fee, furnish copies of any
document which is open to public inspection and which is lodged in
the register or any other register, maintained in accordance with
this Act, or furnish a certificate in respect of the document.
56. (1) The Registrar has the power to hold proceedings for
purposes of the determination of a dispute under this Act.
(2) Subject to this Act, evidence in any proceedings before the
Registrar shall be given by affidavit, except that the Registrar may,
if the Registrar considers it appropriate in any particular case, take
oral evidence on oath in lieu of, or in addition to, the evidence given
by affidavit and may allow a witness to be cross-examined on the
affidavit or oral evidence.
(3) In all proceedings before the Registrar, the Registrar has
power to award to any party such costs as the Registrar may
consider reasonable and to direct how and by what party they are
to be paid.
(4) Where there is no agreement as to costs, the costs shall be
taxed by the High Court and payment may be enforced in the
same manner as if they were costs allowed by the High Court.