Subject Matter of Protection

Article 3 - Scope

d. The Traditional Knowledge includes any knowledge that generally fulfills one or more of the following conditions:
i) Is or has been transmitted from generation to generation.
ii) Is regarded as pertaining to a particular traditional group, clan and community of people in Bhutan.
iii) Is collectively originated and held

Article 51 - Definitions

In this Act, unless the context requires otherwise;

j. Genetic resources: means any material derived from plants, animals, fungi or microorganisms which contains functional unit of heredity.
q. Traditional Knowledge: means the knowledge, innovation and practices of local communities relating to the use, properties, values and processes of any biological and genetic resources or any part thereof.

Beneficiaries or Rightholders

Article 33 - Rights owners

The owners of Traditional Knowledge are the holders of the rights in the Traditional Knowledge.

Article 51 - Definitions

Right holder: means natural or legal person who owns the intellectual property rights on a plant variety.

Scope of Protection

Article 36 - Additional Rights

The Rights in Traditional Knowledge are in addition to and do not affect, any rights that may subsist under any intellectual property laws.

Article 37 - Application

The applicant shall obtain the prior informed consent* of the traditional owners of the Traditional Knowledge for use of Traditional Knowledge for a non-customary use.

Article 38 - Appraisal of application

The owners of the Traditional Knowledge must decide whether:
a. To reject the application.
b. To accept the application and enter into negotiations for a written authorized user agreement in relation with the application containing the appropriate benefit sharing arrangements.