Zambia- International treaties – Nagoya
RATIFIED INTERNATIONAL INSTRUMENTS
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Zambia
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization
Art. 1
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Preamble. An Act to provide for a transparent legal framework for the protection of, and use of, traditional knowledge, genetic resources and expression of folklore [...] to promote fair and equitable distribution of the benefits derived from the exploitation of traditional knowledge, genetic resources and expressinon of folklore Section 20(1). The protection extended to a holder includes benefit sharing arising from the commercial of industrial use of the holders' traditional knowledge as determined by an access agreement between the holder and user. (2) The court may, in the absebce of an access agreement, as specified in sub-section (1), determine the extent of benefit sharing in accordance with section forty-two. (3) The right to benefit-sharing may include non-monetary benefits, such as contribution to community development depending on the material needs and cultural preferences expressed by the traditional community Section 21. A person who uses traditional knowledge beyond its traditional context shall acknowledge the holder, indicate its source and, where possible, its origin and use the traditional knowledge in manner that respects the traditional values of the holder. Section 41. Access to traditional knowledge and genetic resources shall, subject to other provisions of this Act, be effected by way of an access agreement between the holder and permit holder. Section 42. The nature and amount to be shared by the holder in the benefits derives from the exploitation of genetic resources or traditional knowledge shall be as prescribed in section twenty or as may be determined on a case by case basis. |
Art.2
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Preamble. An Act to [...] give effect to any other relevant international treaty or Convention to which Zambia is a State Party, Section 2. In this Act, unless context otherwise requires- "biodiversity" means the variability among living organisms from all sources of ecosystems and all ecological complexes of which they are part and includes diversity within species, between species and 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; [...] "ex-situ" means a condition in which a genetic resource is found outside of its natuarl habitat or ecosystem; [...] "genetic resources" means any genetic material of a biological resource containing genetic information having actual or potential value for humanity and includes derivatives, fauna and flora of terresterial, aquatic and any other origin which may be used by the holder to obtain specific pratctical outputs in any human field or derivative; [...] "in-situ" means a condition in which a genetic resource is found in its natural habitat or ecosystem [...] "protected area" means a geographical area that is protected in accordance with any other law [...] "sustainable use" means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs of the present and future generations. |
Art.3
- GRs falling within the scope of the Convention on Biological Diversity and the benefits arising from the use of these resources;
- the traditional knowledge associated with these GR and the benefits arising from the use of this knowledge
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 2. "benefit sharing" means the equitable and just sharing of benefits, whether monetary or non-monetary, from the utilization of traditional knowledge, genetic resources and expression of folklore, as the case may be; [...] "genetic resource ” means any genetic material of a biological resource containing genetic information having actual or potential value for humanity and includes derivatives, fauna and flora of terrestrial, aquatic and any other origin which may be used by the holder to obtain specific practical outputs in any field of human activity or derivative; [...] "traditional knowledge" means any knowledge not limited to a specific subject area, technical or medical field associated with genetic resources, originating from traditional community, individual or group that is the result of intellectual activity and insight in traditional context and where the knowledge is embodied in traditional lifestyle of a traditional community or is codified in knowledge systems and passed from generation to generation. |
Art.4-1
No relevant elements identified/documented |
Art.4-2
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Preamble. An Act to […] give effect to African Regional Intellectual Property Organization (ARIPO), Swakopmund Protocol on the Protection of Traditional Knowledge and Expression of Folklore, 2010, the World Trade Organization Trade-Related Intellectual Property Rights Agreements (TRIPS) 1994, and any other relevant international treaty and convention to which Zambia is a State Party. |
Art.4-3
No relevant elements identified/documented |
Art.5-1
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 5. The Agency is responsible for the administration of this Act. Section 6. Without prejudice to the generality of section five, and subject to other provisions of this Act, the functions of the Registrar are to- (a) raise awareness, educate, guide, monitor, register, enforce, and perform other activities related to the protection of traditional knowledge, genetic resources and expression of folklore. Section 20(1). The protection extended to a holder includes benefit sharing arising from the commercial of industrial use of the holders' traditional knowledge as determined by an access agreement between the holder and user. (2) The court may, in the absence of an access agreement, as specified in sub-section (1), determine the extent of benefit sharing in accordance with section forty-two. (3) The right to benefit-sharing may include non-monetary benefits, such as contribution to community development depending on the material needs and cultural preferences expressed by the traditional community Section 21. A person who uses traditional knowledge beyond its traditional context shall acknowledge the holder, indicate its source and, where possible, its origin and use the traditional knowledge in manner that respects the traditional values of the holder. Section 41. Access to traditional knowledge and genetic resources shall, subject to other provisions of this Act, be effected by way of an access agreement between the holder and permit holder. |
Art.5-2
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 5. The Agency is responsible for the administration of this Act. Section 6. Without prejudice to the generality of section five, and subject to other provisions of this Act, the functions of the Registrar are to- (a) raise awareness, educate, guide, monitor, register, enforce, and perform other activities related to the protection of traditional knowledge, genetic resources and expression of folklore. Section 20(1). The protection extended to a holder includes benefit sharing arising from the commercial of industrial use of the holders' traditional knowledge as determined by an access agreement between the holder and user. (2) The court may, in the absence of an access agreement, as specified in sub-section (1), determine the extent of benefit sharing in accordance with section forty-two. (3) The right to benefit-sharing may include non-monetary benefits, such as contribution to community development depending on the material needs and cultural preferences expressed by the traditional community Section 21. A person who uses traditional knowledge beyond its traditional context shall acknowledge the holder, indicate its source and, where possible, its origin and use the traditional knowledge in manner that respects the traditional values of the holder. Section 41. Access to traditional knowledge and genetic resources shall, subject to other provisions of this Act, be effected by way of an access agreement between the holder and permit holder. |
Art.5-4
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 20(1). The protection extended to a holder includes benefit sharing arising from the commercial of industrial use of the holders' traditional knowledge as determined by an access agreement between the holder and user. (2) The court may, in the absence of an access agreement, as specified in sub-section (1), determine the extent of benefit sharing in accordance with section forty-two. (3) The right to benefit-sharing may include non-monetary benefits, such as contribution to community development depending on the material needs and cultural preferences expressed by the traditional community. |
Art. 5-5
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 20(1). The protection extended to a holder includes benefit sharing arising from the commercial of industrial use of the holders' traditional knowledge as determined by an access agreement between the holder and user. (2) The court may, in the absence of an access agreement, as specified in sub-section (1), determine the extent of benefit sharing in accordance with section forty-two. (3) The right to benefit-sharing may include non-monetary benefits, such as contribution to community development depending on the material needs and cultural preferences expressed by the traditional community Section 21. A person who uses traditional knowledge beyond its traditional context shall acknowledge the holder, indicate its source and, where possible, its origin and use the traditional knowledge in manner that respects the traditional values of the holder. Section 41. Access to traditional knowledge and genetic resources shall, subject to other provisions of this Act, be effected by way of an access agreement between the holder and permit holder. |
Art. 6-1
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 35(2). Access to genetic resources under multilateral treaty to which Zambia is a State party shall made in accordance with the terms, conditions and procedures prescribed by statutory instrument. |
Art. 6-2
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 27(1). Subject to this Act, a traditional community has the following rights over its genetic resources- (a) the exclusive rights to regulate access to regulate genetic resources; (b) an inalienable right to use its genetic resources; (c) the exclusive right to share the benefits arising from utilization of its genetic resources; (d) the right to assign and conclude access agreement. Section 28(1). Any access, authorization, assignment or license granted in respect of genetic resoources shall be in writting and, if no so done, is void. (2) An access agreement for the purpose of sub-section 1 shall be approved by the Agency, if not so approved, is void. (3) the Agency shall keep a register of all access agreements, authorization, assignments, and licenses granted in accordance with sub-section (1). |
Art. 6-3(a)
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 27(1). Subject to this Act, a traditional community has the following rights over its genetic resources- (a) the exclusive rights to regulate access to regulate genetic resources; (b) an inalienable right to use its genetic resources; (c) the exclusive right to share the benefits arising from utilization of its genetic resources; (d) the right to assign and conclude access agreement. Section 28(1). Any access, authorization, assignment or license granted in respect of genetic resoources shall be in writting and, if no so done, is void. (2) An access agreement for the purpose of sub-section 1 shall be approved by the Agency, if not so approved, is void. (3) the Agency shall keep a register of all access agreements, authorization, assignments, and licenses granted in accordance with sub-section (1). Section 53(1). The owner of the expression of folklore shall be entitled to the sharing of benefits arising from commercial and industrial use of the expression of folklore as determined by mutual agreement between the owner and the user.(2) The court may, in the absence of a mutual agreement as specified in sub-section (1), determine the benefit sharing. (3) the right to benefit sharing may extend to non-monetary benefits such as contributions to community development depending on the material needs and cultural preferences expressed by a tradtional community. |
Art. 6-3(b)
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 25. Any authorization or license given in accordance with this part to access traditional knowledge that is protected, in accordance with this Act, that is associated with genetic resources shall not imply an authorization to access genetic resources derived from that traditional knowledge. Section 28 (1) Any access, authorization, license or assignmnet granted in respect of genetic resources shall be in writting if not so done, is void. (2) An access agreement for the purpose of sub-section (1), shall be approved by the Agency and if not so approved, is void. (3) the Agency shall keep a register of all access agreements, authorizations, assignments and licenses granted in accordance with sub-section (1). |
Art. 6-3(c)
No relevant elements identified/documented |
Art. 6-3(d)
No relevant elements identified/documented |
Art. 6-3(e)
No relevant elements identified/documented |
Art. 6-3(f)
No relevant elements identified/documented |
Art. 6-3(g)
(i) A dispute settlement clause;
(ii) Terms on benefit-sharing, including in relation to intellectual property rights;
(iii) Terms on subsequent third-party use, if any; and
(iv) Terms on changes of intent, where applicable.
No relevant elements identified/documented |
Art. 7
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 29(1). The rights of a traditional community to regulate access to its genetic resources shall include the following: (a) the exclusive right to give prior informed consent for access to its genetic resources; (b) the right to refuse consent when it believes that the intended access shall be detrimental to the integrity of its cultural or natural heritage; (c) the right to withdraw or place restriction on any prior informed consent given for access to its genetic resources where the consent is likely to be detrimental to its socioeconomic life or natural or cultural heritage; and (d) the right to demand the restriction or withdrawal of any prior informed consent given by the Agency for access to its genetic resources where it is found that the prior informed consent is likely to be detrimental to its socioeconomic life or natural or cultural heritage." |
Art. 8
a) promotion of research which contributes to the conservation and sustainable use of biological diversity, b) consideration of cases of present or imminent emergencies that threaten or damage human, animal or plant health, as determined nationally or internationally,
c) consideration of the importance of genetic resources for food and agriculture and their special role for food security.
No relevant elements identified/documented |
Art.9-I
No relevant elements identified/documented |
Art. 11
No relevant elements identified/documented |
Art. 12-1
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 4(5). The following principles and concepts shall apply to, and be, a basis for, access and use of, traditional knowledge, genetic resources and expression of folklore- (a) recognition of social, cultural, spiritual, economic, intellectual, scientific, ecological, agricultural, medical, technological, commercial, and educational value of, and respect for, tradtional knowledges systems, and genetic resources and expression of folklore; (g) promotion of the use of traditional knowledge for a bottom up approach to development; (e) support traditional knowledge system; (h) prior informed consent; (i) recognition of customary laws and practices which define how traditional communities develop, hold and transmit traditional knowledge, including the custodianship of traditional knowledge, genetic resources and expressions of folklore; (j) the use of patent system to protect innovations in trdational knowledge, genetic resources and expression of folklore; [...] (l) recognition of customary laws and practices which define how traditional communities develop, hold and transmit traditional knowledge, including custodianship of traditional knowledge, genetic resources and expression of folkllore. |
Art. 12-2
No relevant elements identified/documented |
Art. 12-3
(a) Community protocols in relation to access to traditional knowledge
associated with genetic resources and the fair and equitable sharing of
benefits arising out of the utilization of such knowledge;
(b) Minimum requirements for mutually agreed terms to secure the fair and
equitable sharing of benefits arising from the utilization of traditional
knowledge associated with genetic resources; and
(c) Model contractual clauses for benefit-sharing arising from the utilization of
traditional knowledge associated with genetic resources.
No relevant elements identified/documented |
Art. 12-4
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 4(5). The following principles and concepts shall apply to, and be, a basis for, access and use of, traditional knowledge, genetic resources and expression of folklore- (a) recognition of social, cultural, spiritual, economic, intellectual, scientific, ecological, agricultural, medical, technological, commercial, and educational value of, and respect for, tradtional knowledges systems, and genetic resources and expression of folklore; (g) promotion of the use of traditional knowledge for a bottom up approach to development; (e) support traditional knowledge system; (h) prior informed consent; (i) recognition of customary laws and practices which define how traditional communities develop, hold and transmit traditional knowledge, including the custodianship of traditional knowledge, genetic resources and expressions of folklore; (j) the use of patent system to protect innovations in trdational knowledge, genetic resources and expression of folklore; [...] (l) recognition of customary laws and practices which define how traditional communities develop, hold and transmit traditional knowledge, including custodianship of traditional knowledge, genetic resources and expression of folkllore. |
Art.13-I
No relevant elements identified/documented |
Art.13-II
No relevant elements identified/documented |
Art.15-I
No relevant elements identified/documented |
Art.15-II
No relevant elements identified/documented |
Art.15-III
No relevant elements identified/documented |
Art.16-I
No relevant elements identified/documented |
Art. 16-II
No relevant elements identified/documented |
Art.16-III
No relevant elements identified/documented |
Art.17
No relevant elements identified/documented |
Art.18
No relevant elements identified/documented |
Art.19
No relevant elements identified/documented |
Art.20
No relevant elements identified/documented |
Art.21
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The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act [No.16] 20160606
Section 6. Without prejudice to the generality of section five and subject to the other provisions of this Act, the functions of the Registrar are to— (a) raise awareness, educate, guide, monitor, register, enforce and perform other activities related to the protection of traditional knowledge, genetic resources and expressions of folklore; (b) collect, analyse and disseminate to holders and users information on access. |
Art.23
No relevant elements identified/documented |