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The regulation intends to ensure that the interests of indigenous 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 and local community. Traditional knowledge includes skills, practices and learning thar have been collectively developed, used, sustained, and passed on from generation to generation within and indigenous or local community.
Section 2 embeds a requirement for consent to access and use by others of traditonal knowledge associated with genetic material.
Section 3 has exeptions from the requirement of consent. Inter alia there is no demand for consent if the knowlegde has been generally known or available for a reasonable period of time outside the indigenous people or local community in question.
Section 4 has rules on the scope of the consent.
Sections 5 and 6 has rules on sanctions and compensation.
The regulations apply to traditional knowledge relating to genetic material developed, used, sustained or passed on by indigenous and local communities in other states provided that access to or use of such knowledge requires consent under the legislation of the state in question.
The Court decides whether the regulation has been violated or not.
Competent National Authority:Royal Norwegian Ministry of Climate and Environment ()Kongens gate 20Oslo,
Postboks 8013 Dep 0030 Oslo, NorwayPhone: + 47 22 24 57 11,Fax: +47 22 24 95 60,Email: postmottak@kld.dep.no,
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ABSCH-MSR-NO-203982-3 Legislative, Administrative or Policy Measure Traditional knowledge associated with genetic resourcesAn amendment to the Nature Diversity Act was adopted by Parliament in june 2013 in order to be able to ratify the Nagoya Protocol. A New section 61 a was added.
Authorities shall facilitate respect and safeguarding of the interests of indigenous peoples and local communities when traditional knowledge associated with genetic resources that is developed and preserved by indigenous and local communities is accessed and utilized.
The King may issue a regulation stipulating that access to and utilisation of traditional knowledge associated with genetic resources requires prior informed consent from the indigenous peoples or local community, including rules on sanctions and remedies against misappropriation of such traditional knowledge associated with genetic resources. This could also be applied to traditional knowledge associated with genetic resources that is developed, transferred and preserved by indigenous peoples and local communities in another state, provided that the national legislation of that state requires prior informed consent for access to or utilization of traditional knowledge associated with genetic resources.
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