Protection of Traditional Knowledge and Expressions of Culture Act No. 21 of 2019.

This Act lays down provisions on the protection of traditional knowledge and expressions of culture or any copyright, trademark, patent, design or other intellectual property right that is based on traditional knowledge or expressions of culture and their holders; use of traditional knowledge or expressions of culture in accordance with the customary laws and practices of the traditional owners within indigenous Vanuatu communities; prohibitions or exceptions and limitations to exercise traditional cultural rights; establishment, functions and duties of the Traditional Knowledge and Expressions of Culture Authority; application for the use of traditional knowledge and expressions of culture and identification of traditional owners; establishment of the Traditional Knowledge and Expressions of Culture Fund; and user agreements relating to all non-customary uses of traditional knowledge and expressions of culture and prior informed consent to existing user agreements; alternative dispute resolution between traditional owners; offences, civil liabilities and remedies; and border control on transportation or dispatch out of the country of any biological or genetic material, or any other material derived from any research and to be subjected to any further research or experimentation for the purpose of commercialisation and application procedures for export license.
This Act applies to traditional knowledge and expressions of culture that existed before the commencement of this Act or are created on or after the commencement of this Act. The exercise of traditional cultural rights shall be prohibited where the use is harmful to the environment, biodiversity, indigenous community and to human health. This Act underlines that the protection of traditional knowledge also covers knowledge originating from the intellectual activity and insight in a traditional context, which includes agricultural, environmental, medical and medicinal knowledge, knowledge associated with biological or genetic materials.