3.5
Access to Indigenous Knowledge
Uganda recognises and protects the rights of local communities and indigenous populations to benefit
from their traditional knowledge collectively, and to receive compensation for the conservation of
genetic resources, by means of payments in money, goods, services, intellectual property rights or
other mechanisms.
The application of the principle of PIC to the rights of indigenous peoples and other local communities
is mandatory. PIC is indeed central to securing the rights of these communities in the context of access
to genetic resources activities. Holders of traditional knowledge have the right to be asked and to be
informed about requests from other parties to access their knowledge, and to extend or refuse their
approval for such access.
Such holders must be actively included in the negotiation of benefits on the basis of a full disclosure of
potential benefits and risks arising from the use of the resources. Any benefit sharing arrangements
that may be entered into shall not negatively interfere with traditional knowledge systems and
practices of indigenous peoples and local communities.
The relevance of PIC is particularly significant due to concerns about companies, research institutions,
other entities, and individuals acquiring and using genetic resources and traditional knowledge from
communities without the knowledge and permission of the rightful owners and holders. The UNCST
shall therefore not issue an access permit to an applicant who has not obtained PIC from a holder of
traditional or indigenous knowledge.
The UNCST is required to maintain a national reference file, where local communities or indigenous
populations, and any other interested parties may deposit records of knowledge associated with genetic
resources. The local communities and indigenous populations have exclusive rights over their
traditional knowledge, and they alone are entitled to surrender it to the UNCST. Every record
deposited in the national reference file shall be submitted to an ethnologic appraisal, and shall be used
as a basis for decisions concerning the terms of the contract of access. These records are not
mandatory, and their non-existence is not a condition for, neither does it preclude the exercise of any
access rights negotiated under the Regulations.
Intellectual property rights with respect to products or processes related to traditional knowledge
associated with genetic resources or derived products shall not be recognised if the access has not
taken place in accordance with the provisions of the Regulations and these Guidelines.
Local communities that create, develop, hold or preserve indigenous knowledge associated with
management or use of genetic resources are guaranteed the right to:
1. have the origin of the access to the indigenous knowledge mentioned in all publications, uses,
exploitation and disclosures
2. prevent unauthorised third parties from using or carrying out tests, research or investigations
relating to associated indigenous knowledge
3. prevent unauthorised third parties from disclosing, broadcasting or re-broadcasting data or
information that incorporate or constitute associated indigenous knowledge
4. derive profit from economic exploitation by third parties of associated indigenous knowledge the
rights in which are owned by the community as provided in for under Ugandan laws and
international legislation
For the purposes of the Regulations and these Guidelines, any traditional knowledge associated with
management and use of Uganda’s genetic resources may be owned by the community, even if only
one single member of the community holds that knowledge.
3.6
Export, Re-Export and Re-introduction of Genetic Resources
3.6.1
Export
On application for resources access in Uganda, the applicant is required to indicate whether he or she
intends to export the materials accessed or not.
Guidelines for Access to Genetic Resources and Benefit Sharing
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