ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
35. Authorized user agreement and prior informed consent
Edition: 2022-12-31 · In force
35. Authorized user agreement and prior informed consent
(1)Where a party cannot read or write, or suffers from any physical disability, a verbal agreement may be recorded via video or other communication formats or technologies may be used.(2)Agreements not registered by the Cabinet Secretary shall be null and void.(3)In the case of shared intellectual property rights between the holders and the users, such rights shall not be transferred except with the authorization of the Cabinet Secretary.(4)The intention to transfer such rights shall be communicated in writing or in such a manner as may be prescribed by the Cabinet Secretary.(5)Upon receipt of the application the Cabinet Secretary may, in consultation with the relevant communities grant approval subject to the terms and conditions it deems fit, including imposition of charges by way of royalties or may for reasons recorded in writing reject the application.(6)Applications for the transfer of intellectual property rights, in or outside Kenya based on traditional knowledge and cultural expressions obtained in Kenya shall require the prior approval of the Cabinet Secretary.