ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
12. Compulsory licence
Edition: 2022-12-31 · In force
12. Compulsory licence
(1)Where protected traditional knowledge is not being sufficiently exploited by the owner or rights holder, or where the owner or holder of rights in traditional knowledge refuses to grant licenses for exploitation, the Cabinet Secretary may, with prior informed consent of the owners, grant a compulsory licence for exploitation subject to Article 40(3)(b) of the Constitution.(2)In the absence of an agreement between the parties on an appropriate amount of compensation for the compulsory licence, a court of competent jurisdiction shall on the application of the parties determine the compensation.(3)The Cabinet Secretary may, in the case of a dispute where there is no agreement between the parties, refer the matter for determination through alternative dispute resolution mechanisms.(4)The Cabinet Secretary shall make regulations prescribing the criteria and conditions for the grant of a compulsory licence.