656 No. 33 Protection of Traditional Knowledge and Cultural Expressions 2016 (6) Every county shall, upon collecting and documenting information on traditional knowledge and cultural expressions and registering the traditional knowledge or cultural expressions relating to any community, transmit the complete and validated information relating to the traditional knowledge of cultural expressions for entry in the Repository in the form or manner prescribed by the Cabinet Secretary. 9. The owners and holders of traditional knowledge shall have the right to protection of that knowledge. Righttoprotection' 10. (l) Every community shall have the exclusive il*,j}Ti*""' righ'tO- (a/ traditional authorize the exploitation of their traditional knowredge' knowledge; and (b) prevent any person from exploiting their traditional knowledge without their prior informed consent. (2) In addition to all other rights, remedies and action available, the owners shall have the right to institute legal proceedings against any person who exploits traditional knowledge without the owner's permission. (3) Every community shall make and adopt its community rules prescribing the procedures for the authorization of the exploitation of their traditional knowledge. (4) The rules shall be submitted to the county government during the registration of traditional knowledge. 11. A person who uses traditional knowledge or :::i,ti;:i"" cultural expressions beyond its traditional context shall knowredge and curturarexPresson acknowledgi ttre o*nei of the knowledge, indicate the source of the knowledge or expression and where possible, the origin of the knowledge or expression, and use such knowledge or expression in a manner that respects the cultural values of the holders. 12. (1) Where protected traditional knowledge is not f."#L']*t being sufficiently exploited by the owner or rights holder, or where the owner or holder of rights in traditional knowledge refuses to grant licenses for exploitation, the Cabinet Secretary may, with prior informed consent of the owners, grant a compulsory licence for exploitation subject to Article 40(3) (b) of the Constitution.

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