66s
Protection of Traditional Knowledge and Cultural Expressions No. 33
2016
(b)
the authorization shall comply with the scope ot
protection provided for the traditional knowledge
or cultural expressions concerned and shall
provide for the equitable sharing of the benefits
arising from their exploitation and use;
(c) the uncertainties or disputes relating to the
determination of the communities should be
involved shall be resolved, in so far as is possible,
in accordance with customary laws and protocols
of the communities involved;
(d)
any monetary or non-monetary benefits arising
from the use of the traditional knowledge or
cultural expressions shall be transferred directly
by the Cabinet Secretary or the person authorised
under subsection (lxb) to the relevant community
after consultations with the person in charge of
matters relating to traditional knowledge and
culture in the relevant county; and
(e)
the fees that the national government may, where
necessary, charge
for its
services, official
publication procedures, dispute resolution, and the
terms and conditions governing authorizations that
may be granted by the Cabinet Secretary, shall be
in accordance with this Act or Regulation made
hereunder.
26. (1) An authorization granted under this Act
to ffii:il}
access protected traditional knowledge associated with knowredge
genetic i".our""s shall not be an authorization to access the ;:::::':tlJ:",
associated genetic resources.
(2) The access to associated genetic resources shall be
a subject matter of relevant legislations relating to genetic
resources.
27. (1) Where the Cabinet Secretary is satisfied that
there is need for the grant of a compulsory licence under
section 12, a prospective user of traditional knowledge or
cultural expressions for a non-customary use, whether for a
commercial or industrial nature or not, shall apply to the
Cabinet Secretary for the consent of the holders for the use
of the traditional knowledge or cultural expressions.
(2) An application made under subsection (1)
shall-
Applrcation for
consent