Regulations relating to the protection of traditional knowledge associated with genetic material.

These Regulations of the Ministry of Climate and Environment, made under section 61a of the Act relating to the management of biological, geological and landscape diversity, seeks to ensure that the interests of indigenous peoples and local communities are safeguarded and respected in connection with access or use by others of knowledge associated with genetic material that has been developed, used, sustained and passed on within an indigenous people or local community (traditional knowledge). Traditional knowledge includes skills, practices, and learning that have been collectively developed, used, sustained and passed on from generation to generation within an indigenous people or local community. The Regulations define the requirement for consent to access and use by others of traditional knowledge associated with genetic material. These Regulations also apply to traditional knowledge relating to genetic material developed, used, sustained and passed on by indigenous peoples and local communities in other countries, provided that access to or use of such knowledge requires consent under the legislation of the state in question. Consent must be given a representative or decision-making body that is entitled to represent and make commitments on behalf of the indigenous people or local community. Consent may be given on specific conditions, for example, that the indigenous people or local community shall receive a reasonable share of the benefits obtained by using the knowledge to which the consent applies. Traditional knowledge shall be used in a way that is not offensive to the indigenous people or local community that has used, sustained and passed on the knowledge. Any person that has wilfully or negligently made use of traditional knowledge associated with genetic material without consent Any person that has wilfully or negligently made use of traditional knowledge associated with genetic material without consent in accordance may be prohibited by a court judgment from doing so again and shall pay the injured indigenous people or local community reasonable compensation for this use, and compensation for any further losses caused by use of the knowledge. The Court may also order the offender to initiate information activities to make the general public aware that the knowledge was developed, used, sustained and passed on by the indigenous people or local community in question.