Kenya’s Protection of Traditional Knowledge and Cultural Expressions Act No. 33 of 2016 Comes into Force

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On 31 August 2016, President Uhuru Kenyatta (pictured above) assented to the Protection of Traditional Knowledge and Cultural Expressions Bill, No.48 of 2015. The Bill was published in Kenya Gazette Supplement No. 154 on 7 September 2016 cited as the Protection of Traditional Knowledge and Cultural Expressions Act, No. 33 of 2016. The date of commencement of the Act is 21 September 2016, which means the Act is now in force. A copy of the Act is available here.

In previous blogposts here, we have tracked the development of this law aimed at creating an appropriate sui-generis mechanism for the protection of traditional knowledge (TK) and cultural expressions (CEs) which gives effect to Articles 11, 40 and 69(1) (c) of the Constitution. This blogpost provides an overview of the Act with special focus on the issues of concern raised previously with regard to the earlier Bill.

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EVENT: Unveiling of Proposed Law on Protection of Traditional Knowledge and Traditional Cultural Expressions in Kenya

On Wednesday 8th May 2013, the Honourable Attorney General Prof. Githu Muigai will officiate the National Stakeholders’ Validation Seminar on the proposed legal framework on Protection of Traditional Knowledge (TK) and Traditional Culture Expressions (TCEs) at the Red Court Hotel, South C, Nairobi from 9:00am to 12:00noon. The legal framework aims to protect holders of TK and TCEs against misappropriation, misuse and unlawful exploitation by third parties for use in pharmaceutical products, therapy, arts and craft, music, design and even works of architecture.

This is a historic achievement for Kenya because it is the first country in the region and Africa, to develop a draft legal framework to validate legislation to protect TK and TCEs. It is also pursuant to Section 11, 40(5) and 69 of the Constitution of Kenya, which requires the State to protect the intellectual property rights of Kenya which includes TK and TCEs. The Kenya Copyright Board recognises that the protection of TK and TCEs is in tandem with Kenya’s “Vision 2030” blue print that aims to move our country to a middle income economy by the year 2030 through wealth creation, increased trade and national development.

Alongside KeCoBo and KIPI, there will be representatives from National Council for Science and Technology (NCST), National Museums of Kenya, State Law Office, ARIPO and WIPO.

Below is the program for the day:

SESSION 1:

0800-0830

Arrival
Registration
Prayer – Dr. Benson Mburu (NCST)

Master of Ceremony/Moderator : Dr. Evans Taracha (National Museums of Kenya)

09:10-09:20

Welcome Remarks:
by Chairman Kenya Copyright Board Mr. Tom Mshindi

Introduction:
by Executive Director KECOBO Dr Marisella Ouma, PhD

09:20-09:30

Overview and Objectives:
by Chairperson Inter-ministerial Expert Working Group, Mrs. Catherine Bunyassi Kahuria

09:30-09:45

Africa Position:
by ARIPO representative from TK Division

09:35-10:00

Opportunities for improvement:
by WIPO representative from TK division

10:00-10:30

Keynote address:
The Hon Attorney General Prof. Githu Muigai

10:30-11:00

Group Photo + Tea Break

SESSION 2:

11:00-11:15

Master of Ceremony/Moderator : Dr. Benson Mburu (NCST)

Presentation of the Draft Bill on Traditional Knowledge and Traditional Cultural Expressions, 2013 – Key Highlights:
by KIPI, Mr. Stanely Atsali

11:15-01:00

Thematic Groups/Plenary Discussion/Q&A

01:00–02:00

Lunch

02:00-03:00

Group Discussion

03:00-04:00

Group reports and Recommendations

04:20-04:35

Tea Break

04:35 – 05:00

Closing Ceremony and Vote of Thanks

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To RSVP, contact KECOBO at info@copyright.go.ke