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Protectiott of Tratlitionctl Knowledge ancl Cultural Expressiotts No. 33
2016
(7) The Cabinet Secretary in consultation with county
governments shall establish mechanisms to ensure that
communities have the means to prevent the unauthorized
disclosure, subsequent use of and acquisition and exercise of
intellectual property rights over cultural expressions that are
held secret.
19. (1) Notwithstanding section
18, the protection of
traditional knowledge or cultural expressions shall-
(a) not restrict or hinder the normal
usage,
development, exchange, dissemination and
transmission of traditional knowledge or cultural
expressions by members of a particular
community within the traditional and in
accordance with the customary law and practices
of that community;
(b)
(c)
extend only to uses of traditional knowledge or
cultural expressions taking place outside their
traditional or customary context, whether for
commercial gain or not; and
be subject to such other exceptions as may be
of non-commercial
use, including teaching and research for
educational purposes, personal or private use,
criticism or review, reporting of current events,
necessary to address the needs
use in the course of legal proceedings, the making
of recordings and reproductions of traditional
knowledge or cultural expressions for inclusion in
an archive or inventory exclusively for the
purposes of safeguarding knowledge or cultural
heritage, and incidental uses.
(2) A user of traditional knowledge or
cultural
expressions shall obtain prior informed consent and
sufficiently acknowledge the owners by expressly
mentioning them or the geographical place from which the
traditional knowledge or cultural expressions originated, in
the course of use.
(3) The use of traditional knowledge or cultural
expressions shall be compatible with fair practice, the
relevant community's customary laws, protocols and
practices and the relevant community shall be
acknowledged as the source of the traditional knowledge or
Bxceptions and
llmrtahons.