649
2016
Protection of Traditional Knowledge and Cultural Expressions No. 33
THE PROTECTION OF TRADITIONAL
KNOWLEDGE AND CULTURAL EXPRESSIONS
ACT,2016
AN ACT of Parliament to provide a framework for the
protection and promotion of traditional knowledge
and cultural expressions; to give effect to Articles
ll, 40 and 69(L) (c) of the Constitution; and for
connected purposes
ENACTED by the Parliament of Kenya,
as
follows-
PART I-PRBLIMINARY
1.
This Act may be cited as the Protection of
shorttltre'
Traditional Knowledge and Cultural Expressions Act, 2016.
requiresuser agreement" means a written
2.In this Act, unless the context otherwise
"authorized
agreement entered into under section 32 of this Act;
"Cabinet Secretary" means the Cabinet Secretary
responsible for matters relating to intellectual property
rights;
"community" means a homogeneous and consciously
distinct group of the people who share any of the following
attributes-
(a)
(b)
common ancestry;
similar culture or unique mode of livelihood or
language;
(c)
(d)
(e)
geographical space;
ecological space; or
community of interest;
"cultural expressions" means any forms, whether
tangible or intangible, in which raditional culture and
knowledge are expressed, appear or are manifested, ffid
comprise of the following forms of expressions or
combinations thereof-
(a) verbal expressions including stories,
epics,
legends, poetry, riddles; other narratives; words,
signs, names, and symbols;
(b) musical expressions including songs
instrumental music;
and
Interpretation'