ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
7. Formalities relating to protection of traditional knowledge
Edition: 2022-12-31 · In force
7. Formalities relating to protection of traditional knowledge
(1)Protection of traditional knowledge shall not be subject to any formality.(2)Notwithstanding subsection (1), county governments shall collect information, document and register traditional knowledge within the respective counties for the purposes of recognition.(3)The Registration under subsection (2) shall be undertaken willingly by the owners of traditional knowledge upon obtaining prior informed consent but shall not require the public disclosure of the traditional knowledge concerned.(4)Where a community in Kenya shares traditional knowledge with a community outside Kenya, the national and county government shall register the owners of the traditional knowledge in Kenya and maintain relevant records.(5)Where more than one community in the same or different counties share the same traditional knowledge, respective county governments shall register the owners of the traditional knowledge and maintain relevant records.(6)Where concurrent claims arise from different communities, the Kenya Copyright Board or county government shall, while determining the claim, consider customary law and protocol of the communities in question, local information sources and any other means that may be applicable.(7)Registration shall have a mere declaratory function and shall not in itself confer rights.