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2016
Protection of Traditional Knowledge and Cultural Expressions No. 33
(d) exposes or exhibits for the purposes of trade;
(e) imports into, transit through, trans ships within or
exports from Kenya, except for private, domestic,
industrial and commercial use of the importer or
exporter, as the case may be; or
(0 in any manner develops
any goods or service
using unauthorized traditional knowledge or
cultural expressions in the course of trade,
commits an offence and is liable on conviction to
imprisonment for a term not exceeding five years, or to a
fine of not exceeding five hundred thousand shillings in
respect of each article or item involved or to imprisonment
for a term not exceeding ten years or to a fine not exceeding
one million shillings.
(2) A person who without authorization makes a noncustomary use of traditional knowledge or cultural
expressions whether or not such use is of a commercial or
industrial nature, commits an offence and is liable, on
conviction, to a fine not exceeding one million shillings or
imprisonment for a terrn not exceeding five years or both.
(3) A person who fails to acknowledge the source of
the traditional knowledge or cultural expression commits an
offence and is liable, on conviction, to a fine not exceeding
one million shillings or imprisonment for a term not
exceeding five years or both.
(4) A person who distorts mutilates or does
other
modification or derogatory action in a way prejudicial to the
cultural interests of the community concerned commits an
offence and is liable, on conviction, to a fine not exceeding
one million shillings or imprisonment for a terrn not
exceeding five years or both.
(5) A person who makes false, confusing or misleading
indications or allegations which, in relation to goods and
services that refer to, draw upon or evoke the traditional
knowledge or cultural expressions, in a way that suggests an
endorsement or linkage with the holders commits an offence
and is liable, on conviction, to a fine not exceeding two
million shillings or imprisonment for a term not exceeding
ten years or both.
(6) A person who without authorization acquires and
exercises intellectual property rights over protected