Protection of Traditional Knowledge, Genetic
Resources and Expressions of Folklore
[ No. 16 of 2016
“ ARIPO ” means the African Regional Intellectual Property
Organisation;
“ benefits ” means the value, privileges, consideration, profit
or gain derived from the use of traditional knowledge,
genetic resources and expressions of folklore, as the case
may be;
“ benefit sharing” means the equitable and just sharing of
benefits, whether monetary or non-monetary, from the
utilisation of traditional knowledge, genetic resources and
expressions of folklore;
“ biodiversity ” means the variability among living organisms
from all sources of ecosystems and the ecological
complexes of which they are part and includes diversity
within species, between species and of ecosystems;
“ biological resource ” includes genetic resources, organisms
or parts of these, populations or any other biotic component
of an ecosystem with actual or potential value for humanity;
“ Board ” means the Board of the Agency constituted in
accordance with the Patents and Companies Registration
Agency Act;
“ court ” means a court of competent jurisdiction;
“ customary laws and practices ” means the customary laws,
values, norms, protocols and practices of a traditional
community;
“ derivative ” means a product extracted or developed from a
natural resource and includes a plant variety, oil, resin,
gum, medicine, chemical and protein;
“ exploitation ” means
(a) where the traditional knowledge is a product—
(i) manufacturing, importing, offering for sale,
selling or using the product beyond the
traditional context;
(ii) being in possession of the product for the
purposes of offering it for sale, selling it or
using it beyond the traditional context; or
(b) where the traditional knowledge is a method or
process—
453
Act No. 15
of 2010