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Protection of Traditional Knowledge and Cultural Expressions No. 33
2016
(2) In the absence of an agreement between the pafiies
on an appfopriate amount of compensation for the
compulsory licence, a court of competent jurisdiction shall
on the
application
of the parties determine
the
compensation.
(3) The Cabinet Secretary may, in the case of a dispute
where there is no agreement between the parties, refer the
matter for determination through alternative dispute
resolution mechanisms.
(4) The Cabinet Secretary shall make regulations
prescribing the criteria and conditions for the grant of a
compulsory licence.
13. Traditional knowledge shall be protected for
so
long as the knowledge fulfils the protection criteria referred
to under section 6.
PART III-PROTECTION OF CULTURAL
EXPRESSIONS
t4. (1) The protection of cultural expressions under
this Act shall relate to cultural expressions, of whatever
mode or form, which
are-
(a) the products of creative and
cumulative
intellectual activity, including collective creativity
or individual creativity where the identity of the
individual is unknown;
(b)
characteristic of a community's cultural identity
and cultural heritage and have been maintained,
used or developed by such community in
accordance with the customary laws and practices
of that community;
(c)
generated, preserved and transmitted from one
generation to another, within a community, for
economic, ritual, narrative, decorative or
recreational pu{poses;
(d) individually or collectively generated;
(e) distinctively associated with or belongs to
a
community; and
(0
integral to the cultural identity of community that
is recognized as holding the knowledge through a
form of custodianship, guardianship or collective
Duration of
protection of
traditional
knowledge
Protection criteria
of cultural
expressions.