ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
20. Derivative works
Edition: 2022-12-31 · In force
20. Derivative works
(1)Any copyright, trademark, patent, industrial design, geographical indication or other intellectual property right that exists in relation to a derivative work shall vest in the creator of the work as provided by the relevant intellectual property law.(2)Where a derivative work that is based on traditional knowledge or cultural expressions is to be used for a commercial or industrial purpose, an authorized user agreement shall be prepared between the rights holder and the authorised user.(3)An authorized user agreement prepared under subsection (2) shall—(a)contain a benefit sharing arrangement that provides for fair equitable monetary or non- monetary compensation to the right holders;(b)provide for identification and disclosure of the traditional knowledge or cultural expressions on which the derivative work based by mentioning the holders or the geographical place from which it originated; and(c)state that the traditional knowledge or cultural expressions in the derived work will not be subject to derogatory treatment.