ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
39. Civil remedies
Edition: 2022-12-31 · In force
39. Civil remedies
(1)The court may, in proceedings instituted under section 38—(b)award damages for loss resulting from the unauthorized use;(c)make a declaration that the cultural rights of the holders have been contravened;(d)order that the infringer make a public apology for the contravention;(e)order that any false attribution of ownership, or derogatory treatment, of the traditional knowledge or cultural expressions cease or be reversed;(f)order the account for profits made by the infringer in exploiting the infringing articles;(g)order the forfeiture of profits made by the infringer in exploiting the infringing articles to the owner;(h)order the delivery up or forfeiture to the holders of articles made in contravention of their rights, as provided for under this Act;(i)order the seizure of any object made, imported or exported contrary to this Act;(j)order the revocation or invalidation of intellectual property rights inappropriately acquired over traditional knowledge or cultural expressions or derivatives thereof; or(k)make such other orders as the Court considers appropriate in the circumstances or as it may deem fit.(2)The court may in deciding the relief to be granted consider—(a)whether the defendant was aware or ought reasonably to have been aware of the rights of the holders as provided for under this Act;(b)the effect on the honour or reputation of the holders resulting from the unauthorized use;(c)anything done by the defendant to mitigate the effects of the unauthorized use;(d)any cost or difficulty that may have been associated with identifying the holders;(e)any cost or difficulty in ceasing or reversing any false attribution of ownership, or derogatory treatment of the traditional knowledge or cultural expressions; or(f)whether the parties have undertaken any other action to resolve the dispute.