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Zambia (204) > Indigenous and tribal peoples (1)

Name: Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act, 2016 [No. 16 of 2016].
Country: Zambia
Subject(s): Human rights; Indigenous and tribal peoples
Type of legislation: Law, Act
Adopted on: 2016-06-07
Entry into force:
ISN: ZMB-2016-L-104400
Link: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=104400&p_lang=en
Bibliography: Legislation on-line Legislation on-line Zambia Legal Information Institute (ZamLII), Zambia PDF PDF (DOC.NORMES) (consulted on 2017-05-26)
Abstract/Citation: An Act to provide for a transparent legal framework for the protection of, access to, and use of, traditional knowledge, genetic resources and expressions of folklore, which also guarantees equitable sharing of benefits and effective participation of holders; to recognise the spiritual, cultural, social, political and economic value of traditional knowledge, genetic resources and expressions of folklore of holders; to promote the preservation, wider application and development of traditional knowledge, genetic resources and expressions of folklore; recognise, protect and support the inalienable rights of traditional communities, individuals and groups over their traditional knowledge, genetic resources and expressions of folklore; to confer rights on traditional communities, individuals and groups and promote the conservation and sustainable utilisation of the country’s biodiversity resources; to promote fair and equitable distribution of the benefits derived from the exploitation of traditional knowledge, genetic resources and expressions of folklore; to promote the use of traditional knowledge, genetic resources and expressions of folklore for the benefit of traditional communities, the country and mankind in general; to ensure that exploitation of traditional knowledge, genetic resources and expressions of folklore takes place with the prior informed consent of a traditional community, individual or group; to prevent the granting of patents based on traditional knowledge, genetic resources and expressions of folklore without the prior informed consent of a traditional community, individual or group; give effect to the African Regional Intellectual Property Organisation (ARIPO) Swakopmund Protocol on the Protection of 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.

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