ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
31. No claim to ownership
Edition: 2022-12-31 · In force
31. No claim to ownership
(1)Where a county government is satisfied that there is no owner or agreement about ownership and no owner can be identified, the county government shall refer the matter to the national government for determination.(2)Where the national government determines that there is no owner and the county of origin is known, the county government shall hold the rights to the traditional knowledge or cultural expressions on behalf of the owners.(3)Where the national government determines that there is no owner and the county of origin is known, the county government shall hold the rights to the traditional knowledge or cultural expressions on behalf of the people of that county.(4)Where the national government determines that the county of origin is not known, the national government shall hold the rights to the traditional knowledge or cultural expressions on behalf of the people of Kenya.(5)Where the national or county government holds the rights under subsection (2) and (3), the governments may enter into an authorized user agreement for use and any monetary or non-monetary benefits arising under the agreement for the promotion, maintenance and improvement of the traditional knowledge and cultural expressions.