480
Protection of Traditional Knowledge, Genetic
[ No. 16 of 2016 Resources and Expressions of Folklore
65. When any matter, that is to be decided by the Registrar,
appears to involve a complex point of law, the Registrar may, after
giving notice to the parties, refer the matter to the High Court for
determination and the Registrar shall act in accordance with the
decision of the High Court.
66. In any proceeding before the High Court, the court may
Assessors
to appear in
call
assessors who are experts in intellectual property or the relevant
High Court
field.
67. A traditional community shall—
Responsibilities
of traditional
(a) prohibit any person who does not belong to the traditional
communities
community from using its traditional knowledge, genetic
resources and expressions of folklore beyond their
traditional context without prior informed consent;
(b) prohibit any person who does not belong to the traditional
community from exploring, exploiting, accessing,
collecting or taking genetic resources from its locality
without prior informed consent; and
(c) require any person who does not belong to the traditional
community and who is accessing genetic resources from
its locality to produce an access permit and, where the
person fails to do so, inform the Agency or any other
appropriate institution immediately.
Responsibilities
68. A customs officer shall—
of customs
(a) inspect and verify that a genetic resource being exported
offices
is accompanied by an export permit granted by an
appropriate institution;
(b) require any person who is leaving the country and who is
transporting or is in possession of genetic resources, to
produce the necessary permits issued by the Agency or
appropriate institution;
(c) seize any genetic resource that a person intends to export
without an export permit and immediately report the
matter to the nearest appropriate institution and the
Agency;
(d) seize any material incorporating traditional knowledge,
genetic resources or expressions of folklore that a
person intends to export without the necessary permits
granted by the Agency or appropriate institution; and
References
to High
Court