The Work We Do
Corporate and Commercial Conveyance
In the area of Corporate Law, the Firm has wide range of experience in the formations of business entities like companies, firms, and partnerships. Our expertise in general commercial matters is also broad with an extensive background in advising clients on such matters that arise in running a business, such as standard contractual terms and conditions, entry conditions for businesses (local and FDI), preparations of Articles of Incorporation and process incorporation of companies on behalf of companies, preparation of prospectus, liquidation of companies, amalgamation of companies, creation of charges, preparation of contractual agreements and on other legal requirements as per the Companies Act and other corporate laws. All of our advice is tailored specifically to the needs of each client and their respective business or situation.
The world of Intellectual Property (IP) is vast, embracing a wide range of rights attributed to authors, creators, inventors, computer code writers (and programmers), designers, film producers, performers, and so on and to protect their products and inventions from being used without authorization by any third party, exploiting it for their own benefit. Certain rights like trademarks and inventions require registration, but rights like copyright doesn’t necessarily require registration per se in Bhutan and are enforceable by the virtue of being their own work and hard labour. Often, the right owners are perplexed by the complexity of the rights granted to their work by the law surrounding them and it is thus necessary to be informed of the rights to which they are entitled.
Whether online or offline enforcement of IP rights, the Firm has experienced lawyers and provides proper legal advice and support in this area.
IT, Telecommunications and Media
With the advent of the Cyberworld, everything is made simple yet complex. Many legal and social issues are entangled therein the cybernet. With the specialization and experience in these cyber issues, the Firm deals with all aspects of e-Commerce, e-Contract, Cybercrime, content, and Intellectual Property. Increase in the number of ISPs has brought in choice among consumers and the Internet itself has brought in choice of services and goods. Business online is a new area amongst entrepreneurs and consumers. Credit and debit cards are gaining popularity with the Bhutanese consumers. Banking online is possible. But, amongst these iconic developments, problems like identity thefts, credit card thefts, buyer-seller conflicts, non-delivery of goods purchased online and many e-related issues spring up. Thus, the Firm encourages its clients to contact the Firm before they go into these types of transactions to avoid any problems.
The introduction of the second mobile operator in the country has brought in competition and introduction of new services and various value-added services. Issues affecting consumers and the service operators and service providers are various and many. The Firm provides advice on issues relating to competition, infrastructure sharing, universal service, collocation, formation of contracts and issues relating to all these and any other telecommunications related issues.
Numerous radio channels have been licensed and private TV may be licensed soon. Private newspapers have been licensed and are operating. Bhutanese films are being produced. These activities involve many issues starting from planning to production of contents, management and contracts. The Firm, in addition to negotiating contracts and advising on copyrights and intellectual property rights, deal with creation, production, exploitation and regulatory aspects, whether it is in the film industry, music, broadcast, computer programs or software development and usage.
The expertise of the Firm extends to the banking sector in relation to advisory, drafting and advocacy services, whether domestic or international transactions and also in matters relating to Foreign Direct Investment (FDI).
Property development, whether real estate or private property, the Firm advises on the following areas:
a. Acquisitions and disposals of properties;
b. Planned developments;
c. Planning and environmental considerations and clearances;
e. Joint ventures;
f. Infrastructure agreements; and
g. Negotiation and settling of claims.
When such opportunities are of interest, we assist our clients with risk and benefit assessmentguide our clients through risk assessment and GoWith our consi. clients may be our clients are guided through opportunities and help them to assess and take advantage of in taking advantage of those opportunities and minimize the liabilities.
The Firm deals with employment issues relating to contracts, claims, redundancies, and other matters affecting both the employer and employees.
The Firm also facilitates international adoption of children, in consultation with the National Commission of Women and Children.
Nangkha Nangdrik (mutual settlement) with the assistance of Barmis has always been followed in Bhutan since time immemorial. This was done to avoid any unwanted wastage of time in litigation and travel to the nearest court. However, the term had been used only in case of small family disputes, matrimonial and other issues affecting the village or a particular community. But with the advent of modernization and the development of corporate sector, the Nangkha Nangdrik has been translated into representation by lawyers of both sides and not the Barmis. Hence, the Firm seeks to help its clients with cost-effective dispute resolution, including mediation, negotiation and conciliation so that court can be avoided. The firm may conduct arbitration as per the provisions of the agreement and the rules and regulations in vogue to avoid any wastage of time, money, dignity and stress.
The Firm also represents its clients in the process of litigation. Its representation saves time and stress for the clients. The Firm adequately represents its clients in any area of its practice in both civil and criminal jurisdictions.
Drafting and Consultancy
The Firm provides consultancy services to the government, public and private individuals, corporate undertakings and various organizations, in all areas of practice including environmental issues.
Research and Developmental Consultancies
The Firm also specializes and broadens its field of expertise in various research activities including developmental studies.
Previous assignments of the lawyers associated with the Firm and having been successfully implementated include the following:
- FDI Rules and Regulation, 2005
- Economic Policy of Kingdom of Bhutan, 2009
- FDI Policy of the Kingdom of Bhutan, 2009
- Enterprise Registration Act (Draft)
- Water Act of the Kingdom of Bhutan (Draft)
- Drafting and Negotiation of Multilateral/Bilateral Agreements
- ICT Security Policy for Bhutan (Draft)
- Bhutan Road Act
- Bhutan Information, Communications and Media Act
- Rules Governing Filming and Certification of Films
- National Radio Rules (Draft)
- Interconnection Connection Framework (Draft)
- Municipal Charter for Thimphu Municipal Corporation
- Bhutan Chamber of Commerce and Industry Bill, BCCI, Thimphu, Bhutan
- Tourism Act of Bhutan (Draft)
- Consumer Protection Act of Bhutan ( Draft Form)
- Tobacco Comtrol Act of Kingdom of Bhutan (Draft)
- Waste Management Act of Bhutan, 2008
- Urban Area Property Rules and Regulations (Redrafting)
- Building Rules (Redrafting)
- Regulations governing Foreign Filming in Bhutan
- Code of Ethics for Journalists
- Regulations on Accreditation of Journalists
- National ICT development Fund Strategies
- Regulations governing ICT and Media Ownership in Bhutan
- Mobile Licensing Terms and Conditions
- USF Administration Rules
- ICT Facilities and Services Rules
- Rules of Procedure for the members of the Authority (BICMA)
- Rules governing Performance of Drama and Other Entertainments
- Rules governing Numbering
- Rules governing Newspaper, Printing Presses and Books
- Gift Rules (draft)