ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
15. Formalities relating to cultural expressions
Edition: 2022-12-31 · In force
15. Formalities relating to cultural expressions
(1)The protection of cultural expressions shall not be subject to any formality.(2)Notwithstanding subsection (1), county governments shall collect information, document and register cultural expressions within the respective counties for the purposes of recognition.(3)The registration under subsection (2) shall be undertaken willingly by the owners of cultural expressions upon obtaining prior informed consent but shall not require the public disclosure of the cultural expressions concerned.(4)Where a community in Kenya shares cultural expressions with a community outside Kenya, the national and county government shall register the owners of the cultural expression in Kenya and maintain relevant records.(5)Where more than one community in the same or different counties share the same cultural expressions, respective county governments shall register the owners of the cultural expressions and maintain relevant records.(6)Where concurrent claims arise from different communities, national government or county government shall, while determining the claim, consider customary law and protocol of the communities in question, local information sources and any other means that may be applicable.(7)Registration shall have a mere declaratory function and shall not in itself confer rights.