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33 Protection of Traditional Knowledge and Cultural Expressions
(4) The intention to transfer such rights shall be
communicated in writing or in such a manner as may be
No.
2016
prescribed by the Cabinet Secretary.
(5) Upon receipt of the application the Cabinet
Secretary may, in consultation with the relevant
communities grant approval subject to the terms and
conditions it deems fits, including imposition of charges by
way of royalties or may for reasons recorded in writing
reject the application.
(6) Applications for the transfer of intellectual property
rights, in or outside Kenya based on traditional knowledge
and cultural expressions obtained in Kenya shall require the
prior approval of the Cabinet Secretary.
36. (1) A prospective user of traditional knowledge or ?:f'fffilTi'
cultural expressions may obtain the prior informed consent knowredge holders.
of the holders, under section 25, without applying to the
Cabinet Secretary.
(2) The prospective user shall inform the
Cabinet
Secretary that the prospective user has sought the consent of
the holders and provide the Cabinet Secretary with a copy of
the proposed authorized user agreement between the
prospective user and the holders for comment, and advice.
(3) The prospective user shall provide a copy of the
signed authorized user agreement to the Cabinet Secretary,
for entry into the register, within thirty days of the
agreement coming into force.
(4) If a prospective user and the holders enter into an
authorized user agreement, the holders are deemed to have
given their prior and informed consent to the proposed use.
(5) The failure to provide the
agreement under
subsection (3) may render the agreement void.
PART VII_SANCTIONS AND REMEDIES
37.
(1) A person who-
(a) has in possession or control in the course of trade;
(b)
manufactures, produces or makes in the course of
trade;
(c)
sells, barters or exchanges, offers or exposes for
sale, disposes, distributes, hires out;
Offences and
penaltres