652
No.
33
Protection of Traditional Knowledge and Cultural
Expressions
2015
"intangible cultural heritage" means the practices,
representations, expressions, knowledge and cultural spaces
associated therewith that communities, groups and, in some
cases, individuals recognized as part of their social cultural
heritage;
"Repository" means the Traditional Knowledge Digital
Repository established and maintained by the national
government under section 8(3);
"owner" means local and traditional communities, and
recognized individuals or organizations within such
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;
"person" means a natural or legal person;
"prior informed consent" means the giving of, by the
prospective user, complete and accurate information, ffid
based on that information, the prior acceptance, by the
owners, to the use of their traditional knowledge or cultural
expressions;
"traditional context" means the mode of using traditional
knowledge or cultural expressions in their proper artistic
framework based on continuous usage by the community;
"traditional knowledge" means any knowledge(a) originating from an individual, local or traditional
community that is the result of intellectual activity
and insight in a traditional context, including
know-how, skills, innovations, practices and
learning, embodied in the traditional lifestyle of a
community; or
(b) contained in the codified knowledge systems
passed on from one generation to another
including agricultural, environmental or medical
knowledge, knowledge associated with genetic
resources or other components of biological
diversity, and know-how of taditional
architecture, construction technologies, designs,
marks and indications.
3. In the performance of the functions and exercise of
powers under this Act, every person dealing with matters
relating to traditional knowledge or cultural expressions
Guidingprinciprcs'