Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
(g) preventive mechanisms aimed at protecting traditional
knowledge, genetic resources and expressions of
folklore.
74. The transitional provisions set out in the Schedule shall
apply for purposes of this Act.
SCHEDULE
(Section seventy-four)
TRANSITIONAL PROVISIONS
1. (1) Any access agreement made prior to the commencement
of this Act shall be revised and harmonised with this Act.
(2) Any access authorised prior to the commencement of this
Act shall be suspended and the process for access as provided in
this Act shall be followed.
2. Any exploitation and dissemination of traditional knowledge
being undertaken prior to the commencement of this Act shall,
subject to equitable treatment of the rights and interests acquired
by third parties through prior use in good faith, be continued under
this Act and shall, within six months of the commencement of this
Act, comply with this Act.
3. Any use of expressions of folklore that existed prior to the
commencement of this Act shall, subject to equitable treatment of
the rights and interests acquired by third parties through prior use
in good faith, be continued and shall, within six months of the
commencement of this Act, comply with this Act.
483
Transitional
provisions
Previous
access
Previous
exploitation
and
dissemination
of traditional
knowledge
Previous use
of
expressions
of folklore