650
No.
33
Protection of Traditional Knowledge and Cultural Expressions
(c)
expressions by movement, including dances,
plays, rituals or other performances, whether or
not reduced to a material form;
(d)
tangible expressions, including productions of art,
drawings, etchings, lithographs, engravings,
prints, photographs, designs, paintings, including
body-painting, carvings, sculptures, pottery,
terracotta, mosaic, woodwork, metal ware,
jewelry, basketry, pictorial woven
tissues,
carpets,
costumes; handicrafts; musical instruments, maps,
needlework, textiles, glassware,
plans, diagrams architectural buildings,
architectural models; and architectural forms;
"cultural heritage" means -
(a)
tangible cultural heritage
including-
(i)
(ii)
movable cultural heritage;
(iii)
underwater cultural heritage;
immovable cultural heritage; and
(b) intangible cultural heritage;
(c) natural heritage including natural sites with
cultural aspects such as cultural
landscapes,
physical, biological or geological formations; or
(d)
heritage in the event of armed conflict;
"customary context" refers
to the utilization of
traditional knowledge or cultural expressions in accordance
with the practices of everyday life of the community, such
as, for instance, usual ways of selling copies of tangible
expressions of folklore by local craftsmen;
"customary use" means the use of traditional
knowledge or cultural expressions in accordance with the
customary laws and practices of the holders ;
"customary laws and practices" means customary
laws, norrns and practices of local and traditional
communities that are legally recognized in Kenya;
"derivative work" means any intellectual creation or
innovation based upon or derived from traditional
knowledge or cultural expressions;
2016