658
No.
33
Protection of Traditional Knowledge and Cultural
Expressions
2016
and cultural ownership or responsibility,
established formally or informally by customary
practices, laws or protocols.
15. (1) The protection of cultural expressions shall not
be subject to any
formality.
Fomalrtresrelating
expressions.
Notwithstanding subsection (1), county
governments shall collect information document and
(2)
register cultural expressions within the respective counties
for the purposes of recognition.
(3) The registration under subsection (2) shall be
undertaken willingly by the owners of cultural expressions
upon obtaining prior informed consent but shall not require
the public disclosure of the cultural expressions concerned.
(4) Where a community in Kenya shares cultural
expressions with a corlmunity outside Kenya, the national
and county government shall register the owners of the
cultural expression in Kenya and maintain relevant records.
(5) Where more than one community in the same or
different counties share the same cultural expressions,
respective country governments shall register the owners of
the cultural expressions and maintain relevant records.
(6) Where concurrent claims arise from different
communities, national government or county government
shall while determining the claim consider customary law
and protocol of the communities in question, local
information sources and any other means that may be
applicable.
(7) Registration shall have a mere declaratory function
and shall not in itself confer rights.
16. The owners and holders of cultural expressions RishtorProtectnn'
shall have the right to protection of those expressions.
t7. Cultural expressions shall be protected against all ?-'ll':l-"1"
acts of misappropriation, misuse, unlawful a"cess or :li,f:ji".'
exPressrons'
exploitation for as long as the cultural expressions fulfil the
protection criteria set out in section 14.
PART IV-GENERAL PROVISIONS
18. (1) A person shall not, in anv
wav.' -J ,
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misappropriate, misuse, abuse, unfairly, inequitably or
unlawfully access and exploit traditional knowledge and
hotection of
traditional
cultural expressions.
unlawful acts
knowledge and
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