Subject Matter of Protection

Article 3. Interpretation of terms

28. Traditional knowledge of genetic resources means knowledge, experience and initiatives of native people on the conservation and use of genetic resources.

Scope of Protection

Article 58. Contracts on access to genetic resources and benefit sharing

1. After making registration, organizations or individuals wishing to access genetic resources shall enter into written contracts on access to genetic resources and benefit sharing with organizations, households or individuals assigned to manage genetic resources.
2. Contracts on access to genetic resources and benefit sharing must be certified by commune-level People's Committees of localities where genetic resources are accessed.
3. A contract on access to genetic resource and benefit sharing must contain the following principal details:
i) Sharing of benefits with the State and related parties, including the distribution of intellectual property rights over invention results on the basis of access to genetic resources and traditional knowledge copyrights on genetic resources.

Article 60. Rights and obligations of organizations and individuals that are granted licenses for access to genetic resources

2. Organizations and individuals licensed for access to genetic resources have the following obligations:
c) To share benefits with related parties, including the distribution of intellectual property rights over invention results based on their access to genetic resources and traditional knowledge copyrights on genetic resources.

Article 64. Traditional knowledge copyrights on genetic resources

1. The State protects traditional knowledge copyrights on genetic resources and encourages and supports organizations and individuals to register traditional knowledge copyrights on genetic resources.
2. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, guiding procedures for registration of traditional knowledge copyrights on genetic resources.