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- names, symbols, emblems and other distinctive signs of a religious, spiritual,
cultural or economic nature which are used by local indigenous communities
in their native language or in any other language;
- designs and objects of a functional or esthetic nature, including clothing,
porcelain and other crafts goods which may or may not be related to
biological resources and which constitute indissociable elements of the
culture, spirituality and traditions of the local indigenous communities.
Section 2. Purposes of protection
Article 248: The provisions of this title shall be designed to provide for industrial property
rights for all aspects of the traditional knowledge of the local indigenous
communities of Burundi by means of a system of registration.
Article 249: Effective protection and application of the industrial property rights to
traditional knowledge must help to preserve the traditions and livelihood of the
traditional communities; ensure respect for their cultural identity; and promote
the creation, development and commercialization of traditional knowledge.
Chapter II. Traditional knowledge
Section 1. Registration of traditional knowledge
Article 250: Traditional knowledge that has not been disclosed to the public in any way or,
even if it has been disclosed, has not been commercially or industrially exploited
in Burundi, may be registered under the following conditions:
1. The traditional knowledge must be described and registered, with a reference
to the community or communities that created it, in the register of traditional
knowledge established and kept by the Industrial Property Director;
The procedure for registering traditional knowledge and the grant of the
corresponding certificate shall not be subject to the payment of any fee.
2. The description set out in the previous paragraph must be made in such a way
that it is reasonably possible for a third party to reproduce or use the
traditional knowledge described and to obtain results identical or similar to
those obtained by the communities which hold this traditional knowledge.
This description shall be made without prejudice to the provisions of Article
254.
If the traditional knowledge concerns or comprises living beings or parts thereof,
the description may be replaced by the deposit of samples, in accordance with
the regulations under this Law.
The registration of traditional knowledge and a certificate attesting to such
registration shall be granted without the examination, by the Industrial Property
Director, of the elements referred to in Article 254.