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Protection of Traditional Knowledge and Cultural Expressions No. 33
2016
in a material
distortion, mutilation or
alteration of the traditional knowledge or cultural
expressions that is prejudicial to the honor or
reputation of the traditional owners, or the
integrity of the traditional knowledge or cultural
results
expressions; and
(d)
the right to protection from false and misleading
claims to authenticity and origin.
(3) The moral rights of traditional owners in their
traditional knowledge and cultural expressions shall exist
independently of their cultural rights.
(4) The moral rights shall continue in force in
perpetuity and shall be inalienable or transferable and
incapable of being waived.
22. (l) The owners of traditional knowledge or
cultural expressions rights shall have the right to assign and
conclude licensing agreements.
Assignment and
licensing.
(2) Despite subsection (1), traditional knowledge or
cultural expressions belonging to a local or traditional
community shall not be assigned without the authorization
of the custodian of the local or traditional community.
(3) The holders of traditional knowledge or cultural
expressions rights shall grant access, authorizations,
assignments or licenses in respect of protected traditional
knowledge or cultural expressions in writing and copy
submitted to the Cabinet Secretary and the respective county
executive committee member in charge of matters relating
to traditional knowledge and culture.
(4) Access, authorizations, assignments or licenses in
respect of protected traditional knowledge or cultural
expressions that have not been granted in writing shall have
no effect.
(5) The parties to a licensing agreement may seek the
advice of the Cabinet Secretary when drawing up a
document for the purpose of this section.
(6) The Cabinet Secretary shall keep a register of all
licenses and assignments granted under this section.
23.
(1) The cultural rights in traditional knowledge or
cultural expressions shall be in addition to any rights that
may subsist under any law relating to copyright, trademarks,
Additional nghts