ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
21. Meaning of moral rights
Edition: 2022-12-31 · In force
21. Meaning of moral rights
(1)The owners of traditional knowledge or cultural expressions shall be holders of the moral rights in the traditional knowledge or cultural expressions.(2)The moral rights of the owners of traditional knowledge and cultural expressions shall include—(a)the right of attribution of ownership or paternity in relation to their traditional knowledge and cultural expressions;(b)the right not to have ownership of traditional knowledge or cultural expressions falsely attributed to them; and(c)the right not to have their traditional knowledge and cultural expressions subject to derogatory treatment including any act or omission that results in a material distortion, mutilation or alteration of the traditional knowledge or cultural expressions that is prejudicial to the honor or reputation of the traditional owners, or the integrity of the traditional knowledge or cultural expressions; and(d)the right to protection from false and misleading claims to authenticity and origin.(3)The moral rights of traditional owners in their traditional knowledge and cultural expressions shall exist independently of their cultural rights.(4)The moral rights shall continue in force in perpetuity and shall be inalienable or transferable and incapable of being waived.