ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
14. Protection criteria of cultural expressions
Edition: 2022-12-31 · In force
14. Protection criteria of cultural expressions
The protection of cultural expressions under this Act shall relate to cultural expressions, of whatever mode or form, which are—(a)the products of creative and cumulative intellectual activity, including collective creativity or individual creativity where the identity of the individual is unknown;(b)characteristic of a community's cultural identity and cultural heritage and have been maintained, used or developed by such community in accordance with the customary laws and practices of that community;(c)generated, preserved and transmitted from one generation to another, within a community, for economic, ritual, narrative, decorative or recreational purposes;(d)individually or collectively generated;(e)distinctively associated with or belongs to a community; and(f)integral to the cultural identity of community that is recognized as holding the knowledge through a form of custodianship, guardianship or collective and cultural ownership or responsibility, established formally or informally by customary practices, laws or protocols.