. /.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/318/Add.2
8 March 2002
(02-1173)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Brunei Darussalam to the follow-up questions posed by Switzerland
Addendum
By means of a communication from the Permanent Mission of Brunei Darussalam dated
6 March 2002, the Secretariat has received the following responses to the questions posed by
Switzerland in document IP/C/W/315/Add.1.  Th ese questions follow up Brunei Darussalam's
responses to initial questions, circulated in document IP/C/W/318.
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A. PATENTS
Ad response to question 1:
With regard to the issue of exceptions from patent protection, you refer in your answer
to Section 13(2) & (3) of the Patents Order, 1999.  The Patents Order seems not to have been
notified to the WTO yet.  Please explain in detail what the relevant Section of the Order provide
for in this regard.
Section 13(2) sets out the exceptions to patentable inventions.
"Section 13(2)It is hereby declared that the following (a mong other things) are not inventions for the
purposes of this Order, that is to say, anything which consist of:
(a) a discovery, scientific theory or mathematical method
(b) a literary, dramatic, musical or artistic work or any other aesthetic creation
whatsoever;
(c) a scheme, rule or method of doing business, performing a purely mental act, or
playing a game, or
(d) the mere presentation of information,
but the foregoing provisions shall prevent anything from being treated as an invention for the
purposes of this Order only to the extent that a patent or an application for a patent relates to
that thing as such."IP/C/W/318/Add.2
Page 2
Ad response to question 3:
Referring to the issue of conditions set out in your legislation for the granting of
compulsory licences, you mention Section 55 of the Patents Order, 1999.  The Patents Order
seems not to have been notified to the WTO yet.  Please explain in detail what the relevantprovisions of this section provide in this regard.
Section 55 of the Patents Order sets out the grounds upon which compulsory licensing might
be granted.
"Section 55(2)The grounds upon which a licence may be granted under this section are that the market in
Brunei Darussalam for the patented invention is not being supplied:
(a) due to the failure to work or, to work to a sufficient extent, the patented invention;  or
(b) on reasonable terms,
by the proprietor of the patent."
B. P
ROTECTION OF UNDISCLOSED INFORMATION
Ad response to question 5:
In your answer you mention that, for the time being, your legislation does not provide
for provisions for the protection of undisclosed information or test data regarding
pharmaceutical and agricultural chemical products which is submitted to the Government in
Brunei Darussalam.  You mention also that a new Medicines Act is in the process of being
drafted  and that the new Act will incorporate such  provisions.  Please explain in detail what the
draft law provides in this respect.  When is  the new Act expected to enter into force?
The provision for protection of undisclosed information or test data regarding pharmaceutical
and agricultural products which is submitted to the Government in Brunei Darussalam could be
protected under the common law.  The new Medicines Act is in its drafting stage and not finalized
yet.  The provision will provide the licensing auth ority during the protected period in relation to the
confidential information to take reasonable steps to  ensure that the confidential information is kept
confidential and will not use it for the purposes of determining whether to grant any other application.
"Confidential information" includes:(a) trade secrets;  and
(b) information that has commercial value that would be, or would be likely to be,
diminished by disclosure.
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