ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
36. Obtained consent from traditional knowledge holders
Edition: 2022-12-31 · In force
36. Obtained consent from traditional knowledge holders
(1)A prospective user of traditional knowledge or cultural expressions may obtain the prior informed consent of the holders, under section 25, without applying to the Cabinet Secretary.(2)The prospective user shall inform the Cabinet Secretary that the prospective user has sought the consent of the holders and provide the Cabinet Secretary with a copy of the proposed authorized user agreement between the prospective user and the holders for comment, and advice.(3)The prospective user shall provide a copy of the signed authorized user agreement to the Cabinet Secretary, for entry into the register, within thirty days of the agreement coming into force.(4)If a prospective user and the holders enter into an authorized user agreement, the holders are deemed to have given their prior and informed consent to the proposed use.(5)The failure to provide the agreement under subsection (3) may render the agreement void.