Access to Biological and Genetic Resources and Associated Traditional Knowledge Act (No. 2 of 2017).

This Act provides for the conservation, evaluation and sustainable use of biological and genetic resources and associated traditional knowledge. Its objects are, among other things, to - (a) maintain and improve the diversity of biological and genetic resources as means of sustaining life support systems; (b) recognise, protect and support the inalienable rights of local communities over their genetic resources and associated traditional knowledge; (c) provide arrangements and procedures for access to resources and knowledge subject to prior informed consent of the rights holders and mutually agreed terms; (d) develop and promote appropriate mechanisms for a fair and equitable sharing of benefits; (e) ensure the effective participation of concerned local communities.
The State has the ultimate responsibility of ensuring fair and equitable sharing of the benefits arising from the utilisation of genetic resources and associated traditional knowledge and the State must execute this responsibility in accordance with the provisions of this Act, the Namibian Constitution and international law. The Minister must designate an office in the Ministry to be known as the Biological and Genetic Resources and Associated Traditional Knowledge Office to exercise the powers and functions conferred by or under this Act. Functions and powers of the Office are defined. The Ministry of Environment and Tourism is the competent national authority of Namibia for the purposes of the Nagoya Protocol. Monies received under this Act shall be paid into the Environmental Investment Fund and used for defined purposes.
A person who intends to access biological and genetic resources in Namibia, found in both in situ or ex situ conditions must apply for an access permit issued by the Ministry. Access to biological or genetic resources and associated traditional knowledge is subject to written prior informed consent of the concerned right holders. The access and benefit sharing agreement must contain mutually agreed terms and other prescribed conditions and minimum standards. The types of benefits that must accrue to right holders are described in detail. A person may not transfer any biological or genetic resources or associated traditional knowledge without obtaining an access and export permit and without entering into a material transfer agreement. The Minister must prescribe the terms and conditions and minimum standards of a material transfer agreement. The Act also concerns recognition of general rights of local communities and the protection of community intellectual property rights. Non-registration of any traditional knowledge does not render it unprotected as community intellectual property rights. Finally, the Act defines offences, provides for appeal procedures and defines regulation-making powers of the Minister.