660
No.33
Protection oj Traditional Knowledge and Cultural Expressions
to the public, distribution, rental, making available
to the public and fixation (including by still
photography) of the cultural expressions or
derivatives thereof;
(b)
(c)
any use of the cultural expressions or adaptation
thereof that does not acknowledge the community
as the source of the cultural expressions;
any distortion, mutilation or other modification of,
action, in relation to the
cultural expressions; and
or other derogatory
(d) the acquisition or exercise of intellectual property
rights over the cultural expressions or
adaptations thereof.
(5) A person shall not use words, signs, names and
symbols that are cultural expressions or derivatives thereof,
or acquire or exercise intellectual property rights over the
cultural expressions or derivatives thereof, in a manner that
disparages, offends or falsely suggests a connection with the
community concerned, or brings the community into
contempt or disrepute.
(6) The Cabinet Secretary in consultation with county
governments shall establish mechanisms to ensure that-
(a)
(b)
the relevant community is identified as the source
of any work or other production adapted from the
cultural expressions;
any distortion, mutilation or other modification
derogatory action in relation to
of, or other
cultural expressions can be prevented;
(c)
any false, confusing or misleading indications or
allegations which, in relation to goods or services
that refer to, draw upon or evoke the cultural
expressions of a community or suggest any
endorsement by or linkage with that community;
(d)
where the use or exploitation is intended to be
gainful, equitable remuneration or benefit-sharing,
the use or exploitation is on terms determined and
agreed with the relevant community and in the
absence of such agreement as determined by the
Cabinet Secretary in consultation with the relevant
community.
2016