672
No.
33
Protection of Traditional Knowledge and Cuhural Expressions
traditional knowledge or cultural expressions 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.
(7) A person who without authorization, discloses,
subsequently uses or acquires and exercises intellectual
property rights over secret traditional knowledge or cultural
expressions 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.
(8) A person who imports an article or other thing into
Kenya that relates to traditional knowledge or cultural
expressions of Kenya knowingly, or reasonably ought to
have known, that the import would conffavene this Act had
the thing or article been created in Kenya commits an
offence and is liable, on conviction, to a fine not exceeding
five hundred thousand shillings or imprisonment for a term
not exceeding three years or both.
(9) A person who without authorization exports an
article or other thing out of Kenya that relates to traditional
knowledge or cultural expressions for a non-traditional use
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 five hundred thousand shillings or
imprisonment for a term not exceeding three years or both.
(10) A person who makes or has in possession any
contrivance used or intended to be used for the purpose of
exploiting unauthorized taditional knowledge and cultural
expressions an offence and is liable, on conviction, to a fine
not exceeding five hundred thousand shillings or
imprisonment for a term not exceeding three years or both.
(11) A court that has convicted a person of an offence
under this section-
(a)
shall, when considering which penalty to impose,
take into account any risk that may arise from the
presence or use of the traditional knowledge or
cultural expressions in question;
(b)
may take consider, any evidence to the effect that
such person had fully, truthfully and to the best of
his ability disclosed to an inspector who
investigated the offence, all information and
particulars available to that person relating to--
2016