664
No.33
Protection of Traditional Knowledge and Cultural
Expressions
2016
patents, designs or other intellectual property and shall not
in any way affect the subsisting rights.
(2) These are the rights to maintain, control, protect
and develop their cultural heritage, traditional knowledge
and cultural expressions as well their manifestations.
24. (1) The protection of owners and holders or
traditional knowledge or cultural expressions shall include
the right to fair and equitable sharing of benefits arising
Equitabrebcncnt
sharing rights'
from the commercial or industrial use of their knowledge, to
be determined by mutual agreement between the parties.
(2) The right to equitable remuneration might extend to
non-monetary benefits, such as contributions to community
development, depending on the material needs and cultural
preferences expressed by the communities themselves.
(3) The Cabinet
Secretary may make regulations
prescribing the matters that should be included in a benefit
sharing affangement.
PART VI.MANAGEMENT OF RIGHTS
25. Q) The owners of traditional knowledge
cultural expressions may-
(a)
and fJ[ili:lif.l}
grant authorization for the exploitation and use of
their traditional knowledge and cultural
expressions; or
(b) after
necessary consultations, authorize the
national government, county government or any
other person to exploit their traditional knowledge
and cultural expressions, on their behalf.
(2) The owners of traditional knowledge and cultural
expressions shall notify the Cabinet Secretary, in writing, of
every authorization agreements they enter into.
(3) Where the owners are to grant an authorization
under subsection
(1)-
(a) they shall not grant the authorization
before
documented
consultations with the members of the
communities, in accordance with their traditional
processes for decision-making and public affairs
management;
undertaking appropriate
and
:Xfl;,,,ff*i"J
cxprcssions'