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BHUTAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Bhutan is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BHUTAN

Since July 2001, entry into force in July 2001

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
The Copyright Act of the Kingdom of Bhutan, 2001
Bhutan maintains a copyright framework under the Copyright Act of the Kingdom of Bhutan of 2001. The Act does not adopt an open-ended fair use or fair dealing model; instead, it establishes a closed list of narrowly defined exceptions, which restricts lawful use to specific, enumerated purposes. Several of these exceptions, such as those relating to quotation and reproduction for teaching, are expressly conditioned on compliance with the principle of fair practice, requiring that the use be compatible with fair practice and limited to what is justified by the purpose. Arts. 10-17 set out these exceptions, which include private reproduction for personal purposes; quotation; reproduction for teaching; reprographic reproduction by libraries and archives; reproduction, broadcasting and other communication to the public for informational purposes; reproduction and adaptation of computer programs; importation for personal purposes; and the display of works.
Coverage Horizontal

BHUTAN

Reported in 2022, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Reported lack of adequate enforcement of copyright online
It is reported that the enforcement of intellectual property (IP) rights in Bhutan faces persistent constraints, including limited institutional infrastructure, low legal awareness, and resource limitations. The Department of Media, Creative Industry, and Intellectual Property under the Ministry of Industry, Commerce and Employment (MoICE) is responsible for IP registration and enforcement functions, but public awareness and enforcement capacity are still developing. Copyright infringement is also reported to be widespread. For example, Samuh, an over-the-top (OTT) video streaming platform serving Bhutanese audiences domestically and abroad, has reported extensive unauthorised redistribution of its content via social media platforms such as Telegram, WeChat, Facebook, and TikTok, resulting in substantial economic losses.
Coverage Horizontal

BHUTAN

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Bhutan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

BHUTAN

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Bhutan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.
Coverage ICT goods

BHUTAN

Since July 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Procurement Rules and Regulations 2025
According to Section 18, of the Procurement Rules and Regulations 2025, a procuring agency may conduct tendering from foreign bidders only under the following circumstances: (i) when certain goods, domestic contractors with the required capacity to undertake specific works, or service providers are not available in the country; or (ii) in donor-funded projects, where the funding agreement requires the procuring agency to approach the international market.
Coverage Horizontal

BHUTAN

Since July 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Procurement Rules and Regulations 2025
Pursuant to Section 64 of the Procurement Rules and Regulations 2025, bidding documents must expressly provide for a 20% margin of preference for: (i) goods of Bhutanese origin, in accordance with the Domestic Preference Guideline 2020 issued by the Ministry of Finance; or (ii) national bidders, where the procurement involves foreign bidders.
In addition, Section 54 requires goods, equipment, materials, and workmanship to comply with applicable standards. Procuring agencies are encouraged to prioritise nationally recognised standards when defining technical requirements. Where national standards are unavailable, unsuitable, or inadequate, international standards may be used.
Coverage Horizontal

BHUTAN

Reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in procurement system
Reports highlight persistent challenges within Bhutan’s public procurement system, notably the need for timely invoice payments via the electronic government procurement (e-GP) platform, comprehensive record-keeping, adequate resourcing and staffing, and improved inter-institutional coordination. Despite an established legal and regulatory framework, practical implementation issues persist. In 2024, controversy arose when the government awarded direct contracts for laptops and desktops to the State Trading Corporation of Bhutan Limited (STCBL), prompting objections from private IT firms on grounds of unfairness, non-compliance with the Procurement Rules and Regulations (PRR) 2023, and insufficient stakeholder consultation. The government subsequently annulled the STCBL contract.
Coverage Horizontal

BHUTAN

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Bhutan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.
Coverage Horizontal

BHUTAN

Since July 2025

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Foreign Direct Investment Regulations 2025
Pursuant to Section 4 of the Foreign Direct Investment Regulations 2025, foreign direct investment is permitted in all sectors except those enumerated in Schedule III. This schedule encompasses, inter alia, news media and “activities included in the Prohibited List of the Royal Government.” The latter list could not be found online, and therefore, it remains uncertain whether the activities specified in Schedule IV extend to the digital domain.
Coverage News media

BHUTAN

Since July 2025

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Foreign Direct Investment Regulations 2025
Section 5 of the Foreign Direct Investment Regulations 2025 distinguishes between: (1) “Priority Sector Activities” in the manufacturing and service sectors listed in Schedules I and II; and (2) “Other Activities” not listed in those Schedules. Under Section 7, for “Other Activities”, the maximum foreign investor shareholding is capped at 74% equity. The limit, therefore, applies to virtually all sectors of the economy. Moreover, there is an explicit cap of 74% for the manufacturing of electronics (schedule I) and for cross-border electronic payments and money transmission services (schedule II).
In addition, the Regulations permit FDI in an existing domestic entity on the same terms and conditions applicable to new entities, subject to the same 74% cap on foreign investor shareholding.
Coverage Horizontal
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[{"post_id":"110222"},{"post_id":"110223"},{"post_id":"110224"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

BHUTAN

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
4.46%
Coverage rate of zero-tariffs on ICT goods (%)
14.01%
Coverage: ICT goods

BRUNEI

Reported in 2021, last reported in 2025

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is BND 400 (approx. USD 300), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

BRUNEI

Since March 2015

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
BNNIC Registration Policies, Procedures and Guidelines
According to Arts. 3.1 and 3.6 of the BNNIC Registration Policies, Procedures, and Guidelines, foreign companies or businesses may register for ".bn" and "com.bn" domains only if they have a registered trademark with the Registrar of Trademarks.
Coverage Horizontal

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