616
No.
33
Protection of Traditional Knowledge and Cultural
Expressions
2016
(3) This Act does not affect or apply to contracts,
licenses or other agreements entered into by traditional
owners before the commencement of this Act in relation to
the use of traditional knowledge or cultural expressions.
43. (1) The Cabinet Secretary may make Regulations
Regurations'
for the better canying into effect of this Act.
(2) Despite the
generality
regulations may provide
(a)
for-
of
subsection
(1),
the
administrative requirements necessary for the
implementation of the provisions of this Act;
(b) the procedure for applications of authorization for
the exploitation of traditional knowledge and
cultural expressions;
(c)
fees to be paid by the National Competent
Authority and the details of the distribution of part
of the fees;
(d)
mechanisms for fair distribution of benefits
derived from usage of traditional knowledge and
cultural expressions;
(e) preventive
mechanisms aimed at protecting
traditional knowledge and cultural expressions;
(0
forms to be used for matters requiring forms under
this Act; and
(g)
any other matters that are required or necessary be
prescribed in order to give effect to this Act.
(3) Whenever the Cabinet Secretary is required to make
regulations or rules under this Act, the Cabinet Secretary
shall make the regulations in consultation with the Council
of County Governors.
44. In accordance with reciprocal arrangements, this
Act may provide the same protection to traditional
knowledge and cultural expressions originating in other
countries or territories as is provided to traditional
knowledge and cultural expressions originating in Kenya.
Recognition of
other laws.