656
No.
33
Protection of Traditional Knowledge and Cultural
Expressions
2016
(6) Every county shall, upon collecting and
documenting information on traditional knowledge and
cultural expressions and registering the traditional
knowledge or cultural expressions relating to any
community, transmit the complete and validated information
relating to the traditional knowledge of cultural expressions
for entry in the Repository in the form or manner prescribed
by the Cabinet Secretary.
9.
The owners and holders of traditional knowledge
shall have the right to protection of that knowledge.
Righttoprotection'
10. (l) Every community shall have the exclusive il*,j}Ti*""'
righ'tO-
(a/
traditional
authorize the exploitation
of their traditional
knowredge'
knowledge; and
(b) prevent any person from exploiting their
traditional knowledge without their prior informed
consent.
(2) In addition to all other rights, remedies and action
available, the owners shall have the right to institute legal
proceedings against any person who exploits traditional
knowledge without the owner's permission.
(3) Every community shall make and adopt its community
rules prescribing the procedures for the authorization of the
exploitation of their traditional knowledge.
(4) The rules shall be submitted to the county
government during the registration of traditional knowledge.
11. A
person who uses traditional knowledge or :::i,ti;:i""
cultural expressions beyond its traditional context shall knowredge and
curturarexPresson
acknowledgi ttre o*nei of the knowledge, indicate the
source of the knowledge or expression and where possible,
the origin of the knowledge or expression, and use such
knowledge or expression in a manner that respects the
cultural values of the holders.
12. (1) Where protected traditional knowledge is not f."#L']*t
being sufficiently exploited by the owner or rights holder, or
where the owner or holder of rights in traditional knowledge
refuses to grant licenses for exploitation, the Cabinet
Secretary may, with prior informed consent of the owners,
grant a compulsory licence for exploitation subject to
Article 40(3) (b) of the Constitution.