6s9
Protection of Traditional Knowledge and Cultural Expressions No. 33
2016
(2) Traditional knowledge or cultural expressions shall
not, without the prior and informed consent of the owners,
for(a) the reproduction of the traditional knowledge
be used
or
cultural expressions;
(b) the publication of the traditional
knowledge or
cultural expressions;
(c) the performance or
display of the traditional
knowledge or cultural expressions in public;
(d) the broadcast of the traditional
cultural expressions
knowledge or
to the public by radio,
television, satellite, cable or any other means of
communication;
(e) the translation, adaption,
arrangement,
transformation or modification of the traditional
knowledge or cultural expressions;
(0 the fixation of the traditional knowledge or
cultural expressions through any process,
including making a photograph, film or sound
recording;
(e)
the availing online or electronic transmission to
the public (whether over a path or a combination
of paths, or both) traditional knowledge or cultural
expressions;
(h)
the creation of derivative works; and
(i)
the making, use, offer for sale, sell, import or
export traditional knowledge or
cultural
expressions or products derived there from.
(3) Despite subsection (2), the owners shall be entitled
use
the cultural expressions in the ways mentioned in
to
subsection (2) in the exercise of their cultural rights.
government in consultation with
county governments shall establish mechanisms that enable
the communities to prevent the misappropriation, misuse or
unlawful access and exploitation of traditional knowledge
and cultural expressions, without prior consent, including of
such cultural expressions other than words, signs, names
(4) The national
including(a) the reproduction, publication, adaptation,
and symbols
broadcasting, public performance, communication