This Act describes traditional knowledge as knowledge (whether manifested in tangible or intangible form) that is, or is or was intended by its creator to be, transmitted from generation to generation and (i) originates from a traditional community; or (ii) is or was created, developed, acquired, or inspired for traditional purpose. Moreover, this Act specifies knowledge accepted as traditional knowledge, including any traditional process or recipe for making or preparing any drink, food, or medicine, or any substance intended to be applied to the body; conservation practice used in relation to air, animals, birds, land, fish, fresh water, insects, plants, reptiles, the sea, or 2 or more of those resources; and any traditional process used in fishing, gardening (or other cultivation of the land), or hunting. This Act applies to all traditional knowledge, whether it existed before the commencement of this Act or was created, developed, inspired, or adapted later. This Act sets forth provisions on rights and restrictions applying to registered traditional knowledge; application procedures and acceptance and rejection of applications; opposition to applications published by the Secretary after its acceptance; registration of traditional knowledge; administrative and civil proceedings; penalties for offences in relation to sacred knowledge and sacred-secret knowledge; court orders for delivery up, forfeiture, or disposal in civil actions; and administrative and miscellaneous provisions. The Minister must appoint an advisory committee to be known as the Traditional Knowledge Advisory Committee to advise the Minister and Cabinet on the operation of the Ministry in achieving traditionally based outcomes under this Act. The Queen's Representative may, by Order in Executive Council, make regulations for all or any of the purposes specified in Section 65.
Острова Кука · 2013-12-06