452
Enactment
Protection of Traditional Knowledge, Genetic
[ No. 16 of 2016 Resources and Expressions of Folklore
Traditional Knowledge and Expressions of Folklore, 2010,
the World Trade Organisation Trade-Related Intellectual
Property Rights Agreement (TRIPS), 1994 and any other
relevant international treaty or convention to which
Zambia is a State Party; and to provide for matters
incidental to, or connected with, the foregoing.
[ 7th June, 2016
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY PROVISIONS
Short title
1. This Act may be cited as the Protection of Traditional
Knowledge, Genetic Resources and Expressions of Folklore Act,
2016, and shall come into operation on such date as the Minister
may, by statutory instrument, appoint.
Interpretation
2. In this Act, unless the context otherwise requires—
“ access ” means the collection, acquisition, transfer or use
of traditional knowledge genetic resources and expressions
of folklore;
“ access agreement ” means an agreement to obtain access
as specified in sections forty-one;
“ access permit ” means a permit granted by the Agency to
access genetic resources in accordance with section thirtythree;
“ access permit holder ” means a person holding an access
permit;
“ Agency ” means the Patents and Companies Registration
Agency established in accordance with the Patents and
Act No. 15
Companies Registration Agency Act;
of 2010
“ appropriate institution ” means any Ministry having
responsibility for, or such public or statutory officer or body
having powers under any other law over, the regulation,
collection, use, compilation or dissemination of, traditional
knowledge, genetic resources and expressions of folklore
and includes a Government agency responsible for
administering or having special technical expertise on a
specific sector of traditional knowledge, genetic resources
and expressions of folklore;