651
2016
Protection of Tradrtional Knowledge and Cultural Expressions No. 33
"derogatory treatment", includes, in relation to traditional
knowledge or cultural expressions, any act or omission that
results in a material distortion, mutilation or alteration of the
traditional knowledge or cultural expressions that is
prejudicial to the honour or reputation of the holders, or the
integrity of the traditional knowledge or cultural
expressions;
"exploitation" means the employment of the greatest
possible advantage of traditional knowledge and cultural
expressions for selfish purposes, taking advantage of
unwary traditional knowledge and cultural expressions
holders and advertising or a publicity program, including-
(a)
where the traditional knowledge is a
(i)
(ii)
product-
manufacturing,
importing, exporting,
offering for sale, selling or using beyond the
traditional context the product; and
being
in
of the product for the
of offering it for sale, selling it or
possession
purposes
using it beyond the traditional context;
(b)
where the traditional knowledge is a process-
(i)
making use
of the process
beyond
the
traditional context; and
(ii)
carrying out the acts referred to under
paragraph (a) of this subsection with respect
to a product that is a direct result of the use
of the process;
"genetic resources" means microorganisms, plant and
animal material including indigenous seeds, genetic plant
varieties and traditional animal breeds that contain
functional hereditary units and whose management shall
also be subject of other relevant legislations;
"genetic material " means genetic material of plant,
animal, microbial or other origin containing functional units
of heredity;
"holder" means recognized individuals or organizations
within communities in whom the custody or protection of
traditional knowledge and cultural expressions are entrusted
in accordance with the customary law and practices of that
community;