666
No.
33
Protection of Traditional Knowledge and Cultural
Expressions
2016
(a) be in the prescribed form;
(b) specify the manner in which the applicant
proposes to use the traditional knowledge or
cultural expressions;
(c)
clearly state the purpose for which that use is
intended; and
(d) be accompanied by the prescribed fee.
(3) The consent shall be obtained on the basis of
mutually agreed terms prescribed in the regulations made
under this Act.
(4) Despite subsection (2) applications for access to
and documentation of traditional knowledge or cultural
expressions by the Cabinet Secretary or relevant County
Executive Committee member shall be free of charge and
may be subject to sharing of financial and other benefits
arising from the use of the traditional knowledge or cultural
expressions.
(5) The Cabinet Secretary shall upon receipt of
application under this section consider and determine
the
the
application within sixty days from the date of receipt.
(6) The Cabinet Secretary may reject an application
under subsection (1) if the application does not meet the
requirements prescribed under subsection (2) and Article
40(3)(b) of the Constitution.
(7) If an authorization is granted under this Act, just
compensation shall be paid promptly in full to the owners or
holders.
(8) The Cabinet Secretary shall make rules to guide the
determination of just compensation.
(1) The
Cabinet Secretary shall before
determining an application for consent for the use of
2E,
traditional knowledge or cultural expressions(a)
give a copy of the application for consent to the
holders of the traditional knowledge or cultural
expressions to which the application relates;
(b)
publish
a
notification
of the application in
a
newspaper with nationwide circulation stating the
Public
con!ultrtion.