ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
38. Civil action
Edition: 2022-12-31 · In force
38. Civil action
(1)The holders of traditional knowledge and cultural expressions may institute legal proceedings in a court of competent jurisdiction seeking any action provided in section 39 against any person who carries out any of the acts mentioned in section 18, without the holder's prior informed consent.(2)Where a person—(a)makes a non-customary use of traditional knowledge or cultural expression whether or not such use is of a commercial nature without the permission of the owner; or(b)acts in a manner or commits an omission that infringes the moral rights of the traditional owners of that traditional knowledge or cultural expression,the owners shall have the right to institute legal proceedings against any such person.