6s5
Protection of Traditional Knowledge and Cultural Expressions No. 33
2016
(5) Where more than one community in the same or
different counties share the same traditional knowledge,
respective county governments shall register the owners of
the traditional knowledge and maintain relevant records.
(6) Where concurrent claims arise from different
communities, the Kenya Copyright Board or county
government shall, while determining the claim, consider
customary law and protocol of the communities in question,
local information sources and any other means that may be
applicable.
(7) Registration shall have a mere declaratory function
and shall not in itself confer rights.
E. (1) Every
county government shall, establish and
maintain a register which shall contain information relating
to traditional knowledge and cultural expressions collected
and documented by the county government during the
registration process.
(2) The registers maintained under subsection (2) may
relate to specific forms of protection, and shall not
compromise the status of undisclosed traditional knowledge
or the interests of holders of traditional knowledge that
relate to the undisclosed elements of their knowledge.
(3) The national government shall, in consultation with
the relevant county government establish and maintain a
comprehensive Traditional Knowledge Digital Repository
which shall contain information relating to traditional
knowledge and cultural expressions that have been
documented and registered by county governments.
(4) Notwithstanding subsection (l), in the interests of
transparency, evidence and the preservation of traditional
knowledge, the national government and the lead agencies
shall, where appropriate and subject to the relevant policies,
laws and procedures and considering the needs and
aspirations of the traditional knowledge holders, maintain
registers
or
other records
of the knowledge in
the
Repository.
(5) The county governments and other institutions that
deal with matters relating to traditional knowledge and
cultural expressions shall co-operate with the national
government in the establishment and maintenance of the
Repository.
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