The author

  • Harriet Deacon is an independent scholar and Visiting Research Fellow at the Open University’s Ferguson Centre for Asian and African Studies. Aside from a PhD in History (Cantab., 1994), she has a MSc in Management of Intellectual Property from Queen Mary University of London (2016).

This article

  • In 2016, the ‘Protection of Traditional Knowledge and Cultural Expressions Act’ (hereafter, ‘the Act’) was passed in Kenya. The Act aims to ‘to provide a framework for the protection and promotion of traditional knowledge and cultural expressions’ in Kenya.

  • Much of what is defined as Traditional Knowledge (TK) in legislation such as this is shared across national boundaries, and infringements of rights in TK are likely to take place across national borders too. However, provisions for protection of rights in TK differ widely between states in the absence of...

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