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{
    "id": 600293,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/600293/?format=api",
    "text_counter": 25,
    "type": "speech",
    "speaker_name": "Hon. Katoo",
    "speaker_title": "",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "Despite the existence of intellectual property regimes in Kenya, there has been no proper legal protection mechanism or framework for traditional knowledge and traditional cultural expression. This is due to the inadequacy of the existing intellectual property regime which does not really address all the aspects necessary for the protection of traditional knowledge and traditional cultural expression. This has resulted in the widespread unfair exploitation of the traditional knowledge and cultural heritage for the commercial and business interests and the continuous loss of important elements of traditional knowledge and traditional cultural expression. Those are some of the lacunas that this Bill is trying to correct. The following is a summary of the salient features of the proposed law. It is not really a very long Bill. Therefore, I will be brief. In accordance with the Constitution, Clause 3 of the Bill provides for the guidance of the natural values and principles of governance as set out in Article 10 of the Constitution. It talks to every person dealing with matters relating to traditional knowledge or traditional cultural expression. On Clause 4, you will agree that in terms of dealing with traditional knowledge and traditional cultural expression, there will be an element of the county governments given the functions under the Fourth Schedule of the Constitution. Clauses 4 and 5 of the Bill combined provides for the responsibilities of both the county and national Governments respectively, in the protection of traditional knowledge and traditional cultural expression. Specifically, Clause 4 of the Bill states that:- “(1) A county government shall, through the county executive Committee member responsible for matters relating to culture, be responsible for─ (a) in relation to the repository and for purpose of collecting and compiling information relating to traditional knowledge and traditional cultural expression─ (i) the primary registration of traditional knowledge and traditional cultural expression within a county for the purpose of recognition under this Act; (ii) the receipt, documentation, storage and updating of information relating to traditional knowledge and traditional cultural expressions from communities within a county;” There is also assigned a role of preservation and conservation of traditional knowledge and traditional cultural expression as well as the protection and promotion of the said expression of communities within a county. The county Government is assigned the role of facilitation or collaboration, access to or sharing of information and data relating to traditional knowledge and traditional cultural expressions between county governments. Clause 5 of the Bill states as follows:- “The national Government shall, under this Act be responsible for─ (a) the establishment and maintenance of the Repository; (b) the promotion and conservation of traditional knowledge and traditional cultural expressions of communities in Kenya; (c) the protection of traditional knowledge and traditional cultural expressions from misuse and misappropriation; and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}