664 No.33 Protection of Traditional Knowledge and Cultural Expressions 2016 patents, designs or other intellectual property and shall not in any way affect the subsisting rights. (2) These are the rights to maintain, control, protect and develop their cultural heritage, traditional knowledge and cultural expressions as well their manifestations. 24. (1) The protection of owners and holders or traditional knowledge or cultural expressions shall include the right to fair and equitable sharing of benefits arising Equitabrebcncnt sharing rights' from the commercial or industrial use of their knowledge, to be determined by mutual agreement between the parties. (2) The right to equitable remuneration might extend to non-monetary benefits, such as contributions to community development, depending on the material needs and cultural preferences expressed by the communities themselves. (3) The Cabinet Secretary may make regulations prescribing the matters that should be included in a benefit sharing affangement. PART VI.MANAGEMENT OF RIGHTS 25. Q) The owners of traditional knowledge cultural expressions may- (a) and fJ[ili:lif.l} grant authorization for the exploitation and use of their traditional knowledge and cultural expressions; or (b) after necessary consultations, authorize the national government, county government or any other person to exploit their traditional knowledge and cultural expressions, on their behalf. (2) The owners of traditional knowledge and cultural expressions shall notify the Cabinet Secretary, in writing, of every authorization agreements they enter into. (3) Where the owners are to grant an authorization under subsection (1)- (a) they shall not grant the authorization before documented consultations with the members of the communities, in accordance with their traditional processes for decision-making and public affairs management; undertaking appropriate and :Xfl;,,,ff*i"J cxprcssions'

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