Biodiversity Act of Bhutan, 2022.

This Act provides for biodiversity conservation through sustainable use of biological and genetic resources and matters related thereto. It consists of 12 chapters: 1. Preliminary; 2. Institutional Arrangement; 3. Conservation and Sustainable Use; 4. A Sui Generis System for the Protection of Plant Varieties; 5. Access to Genetic Resources; 6. Access to Traditional Knowledge Associated With Genetic Resources; 7. Fair and Equitable Sharing of Benefits; 8. Bhutan Access and Benefit Sharing Fund; 9. Registry, Records, and Disposal; 10. Monitoring and Enforcement; 11. Offences and Penalties; and 12. Miscellaneous.
Chapter 1 contains the title, commencement date, extent, application and objects of the Act. The objects include conservation and sustainable use of biological resources and associated traditional knowledge, regulation of access to genetic resources and ensuring fair and equitable sharing of benefits derived from the use of genetic resources. Chapter 2 establishes the Competent National Authority and lays down its composition and functions. The national focal point is identified and its functions are listed. Chapter 3 makes provisions in respect of conservation of sustainable use of biological resources. The providers of genetic resources are identified and provisions are made relating to restricted genetic resources. Chapter 4 provides for a sui generis system for protection of plant varieties and includes farmers’ rights, compulsory licenses, and certification.
Chapter 5 contains provisions related to access to genetic resources and the procedure for obtaining the same. Prior informed consent must be acquired and the conditions for scoping agreement and access and benefit sharing agreement are laid down. Chapter 6 makes provisions in respect of access to traditional knowledge associated with genetic resources. Chapter 7 lays down the rules regarding the fair and equitable sharing of benefits from commercial use of genetic resources. Chapter 8 regularizes the Bhutan Access and Benefit Sharing Fund into a statutory fund and lays down its purpose. Chapter 9 requires a registry to be maintained, containing details on access and utilization of genetic resources and associated traditional knowledge. The users of genetic resources must maintain record as stated therein. Chapter 10 provides for monitoring and enforcement and Chapter 11 lays down the offences and penalties for such offences. Chapter 12 makes provision for foreign direct investment and contains the definitions.