WORLD TRADE
ORGANIZATIONIP/N/6/BRN/1
27 November 2001
(01-6053)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Brunei Darussalam
Civil and Administrative Procedures and Remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
The courts which have jurisdiction over intellectual property right infringement cases are:
- Intermediate Court;
- High Court.
Appeals are to the Court of Appeal.
2. Which persons have standing to assert IPRs? How may they be represented? Are there
requirements for mandatory personal appearances before the court by the right holder?
Infringement actions may be brought/instituted:
- by the patent owner or exclusive licensee under the Patents Order;- by the trademark owner or registered licensee under the Trade Marks Act;- by the copyright owner, exclusive licensee and performer under the Copyright Order;- by the registered owner or exclusive licensee under the Industrial Design Order;
- by the owner of the layout-design or exclusive licensee under the Layout-Design
Order.
Intellectual property right holders may represent themselves or be represented by a lawyer.
There is no mandatory personal appearance before the court by the right holder.
                                                     
1 Document IP/C/5.IP/N/6/BRN/1
Page 2
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produc e evidence that lies within its control?
Order 24 of the Rules of the Supreme Court provides for discovery and inspection of
documents.
Order 24, Rule 1(1) states that there shall be discovery by the parties to the action of the
documents which are or have been in their possession, custody or power relating to the matter in
question in the action.
Order 24, Rule 3(1) provides that the court may order any party to a cause or matter to make
and serve on any other party a list of documents which are or have been in his possession, custody orpower relating to any matter in question in the cause or matter, and may at the same time or
subsequently also order him to make and file an affidavit verifying such a list and to serve a copy
thereof on the other party.
Order 24, Rule 7A(1) states that the court shal l have power to make an order providing for
any one or more of the following matters:
- the inspection, photographing, preservation, custody and detention of property which
appears to the court to be property which may become the subject-matter of
subsequent proceedings in the court, or as to which any question may arise in anysuch proceedings;  and
- the taking of samples of any such property as is mentioned in the paragraph above
and the carrying of any experiment on or with any such property.
4. What means exist to identify and protect confidential information brought forward as
evidence?
The court can impose the common law practice of confidentiality of information from being
disclosed.  This is an inherent power of the court.   The court can, for example, prohibit the reporting
of the contents of a document or only permit certain persons of the other party to the proceeding to
inspect documents.
A court can also order any proceedings to be held in camera  if the court is satisfied that it is
expedient in the interest of justice, public security or propriety to do so.  (Section 15 of the Supreme
Court Act.)
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use ;
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Injunction
Order 29, Rule 1(1) states that an application for the grant of an injunction may be made by
any party to a cause or matter before or after trial of the cause or matter, whether or not a claim for
injunction was included in the party's writ, originating summons, counterclaim or third party notice.IP/N/6/BRN/1
Page 3
It may be obtained by an application to the court by summons supported by an affidavit .
Whenever the application is one of urgency, it may be made ex parte  (without notice of the
defendants).
The court can grant an injunction where it considers it to be just and convenient to do so.  The
court followed the criteria laid down by the House of Lords in the case of American Cyanamid vs
Ethicon Ltd. [1975] AC 396  as follows:
- Is there a serious issue to be tried?- Are damages as adequate?- Where does the "balance of convenience" lie?- Are there any "special factors"?
The plaintiff is always required to give a cross-undertaking to damages when an injunction is
granted.  The purpose is to safeguard the defendant's loss and damages if the plaintiff loses at a trial.
- Mareva injunction
This is a special type of interlocutory injunction which can be granted by itself or in
combination with an other interlocutory injunction and/or an Anton Piller Order and
other order.  A Mareva injunction temporarily freezes the assets of a defendant which
are required to satisfy a judgement or expected judgement in order to prevent
dissipation of goods by the defendant within the country or their removal from thejurisdiction of the court.  It is an ex parte application and there must be cogent
evidence of a risk of dissipation of assets.
Order 24, Rule 3(1) allows a person to apply for an order for the discovery of
documents before the commencement of proceedings.  Order 24, Rule 7 allows a
party to an action to apply for an order for the discovery of documents by a person
who is not a party to the proceedings.  An application made under these provisionsmust be supported by an affidavit which specifies or describes the documents in
respect of which the order is sought and show, that the documents are relevant to an
issue arising or likely to arise out of a claim made likely to be made in the
proceedings and that the person against whom the order is sought is likely to have or
have had in his possession, custody or power.  The court cannot make such an orderunless it is of the opinion that the discovery sought is necessary either for disposing
fairly of the cause or matter or for saving cost.  The order may be made on condition
the applicant gives security for the costs of the person against whom the order is
made or on such terms as the court thinks just.
Order 26, Rule 1 allows a party to apply for an order for interrogatories before the
commencement of proceedings.  An application made under this provision must be
supported by an affidavit.  The court cannot make such an order unless it is of the
opinion that the interrogations sought are necessary either for disposing fairly of the
cause or matter or for saving costs.IP/N/6/BRN/1
Page 4
- Anton Piller Order
Following the case of Anton Piller KG vs Manufacturing Processes Limited (1976)
1 Ch 55 , the court had the power to order the defendant to allow the plaintiff's lawyer
to enter and search premises for relevant evidence which can be removed.  Thepreconditions are:
- very strong prima facie  case;
- the damage, potential or actual, must be very serious to the plaintiff;  and
             - there must be clear evidence that the defendant has in his possession
incriminating documents or things, and that there is a real possibility that he
may destroy such material before any inter partes  applications can be made.
Where the plaintiff applies for an Anton Piller Order, he is required to give an
undertaking that if the court finds that the order or the carrying out of the order hascaused loss to the defendant, and decides that the defendants should be compensated
for that loss, the plaintiff shall comply any order which the court may make as
regards damages.
A permanent injunction may be granted where the plaintiff establishes infringement.
Damages
Damages are compensatory to compensate a plaintiff for loss or injury caused by the
infringement of his intellectual property rights and not to punish the defendant.
- Patents
Section 67(1)(c) and (d) provides that in infringement proceedings the proprietor of a
patent may claim for damages and an account of the profits derived by him from the
infringement.
There are restrictions on recovery of damages for infringement in that damages will
not be awarded and an account of profit will not be made against a defendant if he
proves that at the time of the infringement he was not aware that the product is a
patented product, or if the infringement was committed during the period of six
(6) months immediately following the end of the prescribed period of renewal fee andany additional fee are paid.  (See Section 69(1) and (2).)
- Trademarks
Section 16(2) provides that in an action for infringement, all such relief by way of
damages, injunction, account or otherwise is available to him as is available in respect
of the infringement of any other property right.
- Industrial Designs
Section 48(1) provides that in infringement proceedings in any industrial design is
actionable by the registered owner and remedies available are by way of damages,
injunction or account of profits.  However, the court will not award damages and
order an account of profits in respect of the same infringement.IP/N/6/BRN/1
Page 5
Section 52 gives further restriction on recovery of damages or profits if the registered
owner or an exclusive licensee of the industrial designs fails to register the transaction
before the end of the period of six months beginning with its date or if the court is
satisfied that it was not practicable to make such an application before the end of thatperiod and it was made as soon as practicable after the end of the period.
- Copyright
Section 99(2) provides that in an action for infringement of copyright, all such relief
by way of damages, injunction, account or otherwise is available to the plaintiff as is
available in respect of the infringement of any other property right.
If the defendant in an action for infringe ment showed that at the time of the
infringement he did not know and had no reason to believe the work was copyrighted,
the plaintiff is not entitled to damages against him, but this is without prejudice to any
other remedy.  (Section 100(1))
The court may in any action for infringement of copyright take other circumstances
such as the flagrancy of the infringement and any benefit accruing to the defendant by
reason of the infringement award such additional damages as the justice of the case
may require.
- Layout-Designs
Section 23(1)(a) and (b) provides the remedies available to the owner of layout-
design rights in cases of infringement of their layout-design rights which includepayment of damages as well as an account of profits.
Section 23(3) gives the court power to consider circumstances such as the flagrancy
of the infringement and any benefit accruing to the defendant, when the court decides
whether to award such damages or additional damages as the justice of the case may
require.
In conclusion, as damages are compensatory the plaintiff has the option to elect to sue
for an account of profits.  It is an equitable remedy and is in the discretion of the court
and whether the court is prepared to make such an order depending on the
circumstances of the case.  The actual method by which damages are to be assessed
would depend on how the plaintiff exploited his intellectual property rights.
Destruction
To facilitate the enforcement of an injunction, a court may exercise the discretion to order the
delivery up of infringing articles and documents for destruction.
- Patents
Section 67(1)(b) provides for delivery or destruction of any patented product in
relation to which the patent is infringed or any article in which the product isinextricably comprised or any implement the predominant use of which has been in
the creation of the infringing product.IP/N/6/BRN/1
Page 6
- Trademarks
Section 18(4) provides for the delivery of infringing goods, material or articles to
such person as the court may direct but the application has to be made after the end of
a certain time-limit.
Section 17(1) provides for order for erasure of offending sign in cases of trademark
infringement or if not reasonably practicable, to destroy the infringing goods.
- Industrial designs
Section 53(1) provides for the court to order for delivery up of infringing articles and
section 54(1) provides that an application may be made to the court for order for
disposal or of forfeiture of infringing articles.
- Copyright
The court may order that any infringing copy, or any article which is specifically
designed or adapted for making copies of a work or other subject-matter and which
has been or is to be used for making infringing copies of the work or subject-matter,
in the possession of the defendant or before the court, be delivered up to the plaintiff
or to such other person as it may direct who shall retain the copy or object pendingthe making of an order.  (Section 101)
The court may order that the infringing copy or other object be forfeited to the
plaintiff or destroyed or otherwise dealt with as the court thinks fit.  (Section 212)
Other persons having an interest in the copy or other object are entitled to participatein the proceedings.  (Section 212(3))
In considering what order, if any, shall be made, the court shall have regard to
whether other remedies are available in action for copyright infringement would be
adequate to compensate the plaintiff and to protect the plaintiff's interest.
Where there is more that one person interested in the copy or other articles, the court
may direct that the object be sold or otherwise dealt with and the proceeds divided, or
make any other order as it thinks just.  (Section 212(5))
- Layout-Designs
A court may make an order for the delivery up or destruction of any article which are
infringing articles.  (Section 23(1)(c) and (d))
Other remedies
Section 102(1) of the Copyright Order provides for the right to seize infringing copies which
are found exposed or otherwise immediately available for sale or hire with the requirement that notice
of time and place of the proposed seizure must be given to a local police station.IP/N/6/BRN/1
Page 7
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the
production and distribution of the goods of services found to be infringing and of their
channels of distribution?
The court has inherent and statutory authority to make an order requiring the infringer to
inform the right holder of the identity of third persons involved in the production and distribution of
the goods or services.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Damages and injunction may be sought for groundless threats of legal proceedings under the
patents Order, the Trademarks Act, the Industrial Designs Order and the Layout-Designs Order.
An interlocutory injunction is normally granted only if the plaintiff gives an undertaking as to
damages.  If it is decided at trial that the injunction has been wrongly ordered, the court may order the
unsuccessful plaintiff to pay damages to the defendant.
The Copyright Order and the Trademarks Act provide that in a case arising from a border
seizure if a court decides that there was no infringement the court may order the claimant to theimportation, to pay compensation in such amount as the court thinks fit to the defendant upon being
satisfied that the defendant has suffered damage as a result of the seizure.
Public authorities and officials cannot be held personally liable in a situation in which their
actions were within the scope of their duties and responsibilities and in which they were acting ingood faith.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The length and cost of proceedings will vary with each case.  Factors which can influence the
length and cost are the number of parties involved, the complexity of the proceedings and availabilityof witnesses.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Civil intellectual property enforcement in Brunei Darussalam occurs mostly at the judicial
level with the exception of border control measures which come under the purview of the Customs
and Excise Department.IP/N/6/BRN/1
Page 8
Provisional Measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
In Brunei, the High Court Rules supplement the specific provisions of the intellectual
property laws which contain provisions that give the court the authority to impose provisional
measures to prevent infringement, including the granting of ex parte  orders to protect the intellectual
property right owner.
Order 29, Rule 9, provides that the court may by order grant injunction in all cases in which it
appears to the court to be just and convenient to do so.  Any such order may be made either
unconditionally or on such terms and conditions as the court thinks fit.  A court can order a temporary
order which remains in force until the trial or until amended by further order.  It may be obtained by
an application to court by summons supported by affidavit and whenever the application is one ofurgency, it may be made ex parte .
11. In what circumstances may such measures be ordered inaudita altera  parte ?
Such provisional measures may be ordered by the judicial authorities in cases where the court
considers it to be just and convenient to do so.  The following criteria would be followed by the court
in granting ex parte  application:
- where the delay could cause irreparable harm to the intellectual property right owner;
- where there is a demonstrable risk of evidence being destroyed.
The court has the discretion to require the plaintiff to provide a security or equivalent
assurance to protect the defendant.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect thelegitimate interests of the defendant.
The circumstances in which such measures may be ordered are discussed in the responses to
questions 5 and 10 above.
Due to the nature of the application, the procedures for the initiation of the provisional
measures are usually done by writ and supported by an affidavit.  The court has the discretion to set
the date to hear the application for interim injunction and the order would be given on the same day
depending on the seriousness of the allegation.  The order could be extracted on the same day and
executed immediately.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Due to the nature of the application, the court would exercise its discretion on how long the
proceedings will take.  There are no provisions which govern the length of the proceedings.  Provided
that a request for a provisional measure is made promptly, the court will then set a timetable for
further procedure and a hearing date will be fixed.  No specific data is available on actual duration and
cost of proceedings.IP/N/6/BRN/1
Page 9
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
There are no provisions in the laws of Brunei Darussalam whereby provisional relief can be
given by an administrative body except special requirement relating to border measures.
Special Requirements Related to Border Measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulat ion, in particular whether these procedures
are available also in respect of goods which involve infringements of intellectual
property rights other than counterfeit trademark or pirated copyright goods as defined
in the TRIPS Agreement (footnote to Article 51).  Specify, together with relevant
criteria, any imports excluded from the application of such procedures (such as goods
from another member of a customs union, goods in transit or de minimis imports).  Do
the procedures apply to imports of goods put on the market in another country by or
with the consent of the right holder a nd to goods destined for exportation?
At present the right holder who has valid grounds for suspecting that the importation of
counterfeit mark or pirated copyright goods may take place can lodge an application in writing to theController of Customs.
Section 82 of the Trademarks Act allows Customs to seize trademarks infringing goods which
are imported for the purpose of trade, if a notice of  objection to the importation of the goods has been
given to the Customs by the proprietor of the registered trademark (or a licensee).
Section 109 of the Copyright Order allows th e Customs to detain copies of copyright
materials imported for trade purposes or distribution, if the owner of the copyright has given a notice
of objection to the Customs.
In line with the Agreement on Trade-Related Aspects of Intellectual Property Rights, goods
and copyright materials imported for personal use only and goods in transit are not covered under theprovision for seizure.
Border procedures are not available in respect of exports.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of suspension (Artic le 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the
goods) and 57 (right of inspection and information) been implemented?
- Article 51 – Suspension of release by the Customs Authorities
Under the Trademarks Act and the Copyrigh t Order, a right holder who has valid
grounds for suspecting that the importation of a counterfeit trademark or piratedcopyright goods may take place, can make an application in writing to the Customs to
detain the goods.IP/N/6/BRN/1
Page 10
- Article 52 – Application
Regulations made under the Trademarks Act and the Copyright Order require that
notices lodged should be sufficiently supported by documents and evidence that the
claimant is the owner of the copyright or the proprietor/licensee of a registeredtrademark.  The owner or proprietor must provide information and evidence in
support of the claim that the goods to be detained infringe the trademark or the
copyright.  Customs may also require the person serving the notice to provide such
information and evidence that is reasonably required for the identification of the
infringing materials.
A notice lodge will be in force for not longer than five (5) years from the date of
notice.
- Article 53 – Security or equivalent assurance
Regulation 5 of the Trademarks (Importation of Infringing Goods) Regulation and
Section 113(2) of the Copyright Order provide that the person giving notice under the
Trademarks Act or the Copyright Order may be required to provide a security to
indemnify
             - the Government for any liability and expenses which it may incur as a result
of the detention;
              - a person suffering damage as a result of the detention.
The security may be in the form of a deposit of money.After the goods had been detained, the Customs would give the importer and the
claimant, either in person or by post, a written notice of determination whether or not
the goods appear to be infringing goods.
The notice will state that the goods detained shall be returned to the importer of the
goods unless an action for infringement of copyright or trademark involved isinstituted within ten (10) days from the date the notice is served.  Before the expiry of
the detention period, the claimant can make a written request to the Customs for the
extension of the detention period and it can be extended to twenty (20) days if the
Customs consider it appropriate to do so.
If there is no order from the court to prevent the release of the seized goods, the
Customs will release the seized goods to the importer.
- Article 56 – Indemnification of the importer and the owner of the goods
Under Section 89(4) of the Trademarks Act and Section 116(4) of the Copyright
Order, if:
             - the action is dismissed or discontinued, or if the court decides that the
relevant registered trademark or copyright was not infringed by theimportation of the seized goods;  and
              - the importer or owner has suffered loss or damage as a result,IP/N/6/BRN/1
Page 11
the court may order the claimant to pay compensation in such amount as the court
thinks fit.
- Article 57 – Right of inspection and information
The claimant or the importer may be allowed to remove a sample of the seized goods
for inspection.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the competent authorities for the suspension of the release of goods into free
circulation?
The requirement for the retention of goods seized under the Trademarks Act and the
Copyright Order are described in the response to question 16 above.  The right holder or the appointed
agent must initiate an action for infringement of  the copyright or trademark involved within ten
(10) working days from the date that notice is served to inform him about the seizure of the goods.This can be extended to twenty (20) days upon application to the Customs.
Customs would release the goods if the court orders the release of the seized goods at any
time after the infringement action has been commenced.
There is no available data on the actual duration or cost of proceedings at the moment.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio  action?
The legislation on intellectual property is complain t-based.  The right holder has to initiate the
complaint for the competent authorities to act upon the information.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The competent authorities do not have any power to order any remedies.  Only the court has
the power to order remedies.
Criminal Procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The courts which have jurisdiction over criminal acts of infringement of intellectual property
rights are the Magistrate's Court, the Intermediate Court and the High Court.  The Magistrate's Court
has the power to impose imprisonment not exceeding seven (7) years or a fine of B$10,000 and
whipping.  The Intermediate Court has the jurisdiction to try all offences which are not punishable bydeath or imprisonment for life or imprisonment exceeding twenty (20) years.  The High Court has the
widest criminal jurisdiction.IP/N/6/BRN/1
Page 12
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
- Under the Copyright Order:
A person commits an offence who, without the licence of the copyright owner
- makes for sale or hire;- imports otherwise than for private and domestic use;- communicates the works to the public;
             - in the course of business sells or lets for hire, offers or exposes for sale or
hire, exhibits to the public or distributes
any article which he knows or has reason to believe is an infringing copy, shall be
guilty of an offence and shall be liable on conviction to imprisonment for a term not
exceeding two (2) years, a fine or both.
In the case of making illicit recordings the person shall be liable on conviction to
imprisonment for a term not exceeding two (2) years, a fine or both.
A person commits an offence when he makes an article specifically designed or
adapted for making copies of a particular copyright work ar has it in his possession
when he knows or had reason to believe that it was used to make infringing copies.
On conviction he shall be liable to imprisonment for a term not exceeding six(6) months, a fine not exceeding $5,000 or both.
A person commits an offence if he causes the public performance of a literary,
dramatic or musical work or the playing or showing in public of a sound recording or
film if he knew or had reason to believe that copyright would be infringed.  He shall
be liable on conviction to imprisonment for a term not exceeding six (6) months, a
fine not exceeding $5,000 or both.
- Under the Trademarks Act:
it is an offence (without the consent of the registered proprietor)
             - to apply to goods or their packaging a sign identical to a registered
trademark;
             - to sell, let for hire or expose for sale or distribute goods which bear or the
packaging of which bears such sign;
             - to have in possession in the course of a business any such goods;             - to apply a sign identical to a registered trademark for labeling or for
advertising goods;
             - to use such material in the course of a business;             - to have in custody such material;IP/N/6/BRN/1
Page 13
             - to make an article specifically designed or adapted for making copies or have
such article in his possession;
the person shall on conviction be liable to imprisonment for a term not exceeding ten
(10) years, a fine or both.
A person commits an offence if he counterfeits a registered trademark and shall be
liable on conviction to imprisonment for a term not exceeding five (5) years, a fine
not exceeding $100,000 or both.
A person who:
             - makes a trademark nearly resembling a registered trademark as to be
calculated to deceive, or
             - falsifies any genuine trademark where by alteration, addition, effacement or
otherwise,
without the consent of the proprietor of the trademark shall be deemed to counterfeit
the trademark.
In a prosecution under this section, the burden of proving the consent of the
proprietor shall lie on the defendant.
Any person who:
- falsely represents that a mark is a registered trademark;
             - makes a false representation as to the goods or services for which a trademark
is registered,
is guilty of an offence and shall be liable on conviction to a fine not exceeding
$10,000.
Any person who:- makes, or causes to be made, a false entry in the register;
             - makes, or causes to be made, anything false purporting to be a copy of an
entry in the register, or
             - produces or tendered or caused to be produced or tendered in evidence
anything referred to in the above,
knowing or having reason to believe that it is false, is guilty of an offence and shall
be liable on conviction to imprisonment for a term not exceeding five (5) years, a fine
not exceeding $50,000 or both.
Any person who falsely applies a registered trademark to goods or services shall
unless he proves that he acted innocently, be guilty of an offence and shall be liable
on conviction to imprisonment not exceeding five (5) years, a fine not exceeding
$100,000 or both.IP/N/6/BRN/1
Page 14
Any person who:
             - makes or has in his possession any die, plate or other instrument for the
purpose of counterfeiting a trademark, or
             - has in his possession a trademark for the purpose of denoting that any goods
are the manufacture or merchandise of a person whose manufacture or
merchandise they are not,
is guilty of an offence and liable on conviction to imprisonment for a term not
exceeding five (5) years, a fine not exceeding $100,000 or both.
Any person who:- imports into Brunei Darussalam for the purpose of trade or manufacture;
- sells or exposes for sale or
- has in his possession for the purpose of trade or manufacture
             - any goods to which a registered trademark is falsely applied shall, unless he
proves that,
             - having taken all reasonable precaution against committing an offence under
this section, he had, at the time of the commission of the alleged offence no
reason to suspect the genuineness of the marks and on demand made by or onbehalf of the prosecution, he gives all the information in his power with
respect to the persons from whom he obtained the goods or
             - he acted innocently,
is guilty of an offence and liable on conviction to imprisonment for a term not
exceeding five (5) years, a fine not exceeding $10,000 for each good or thing towhich the counterfeit trademark had been applied (but not exceeding in the aggregate
$100,000) or to both.
22. Which public authorities are responsible fo r initiating criminal proceedings? Are they
required to do this on their own initiative and/or in response to complaints?
The Police are responsible for initiating criminal proceedings based on the complaints made
by the right holder.  Prosecution on behalf of the State is done by the Public Prosecutor.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Private persons have no standing to initiate criminal proceedings.IP/N/6/BRN/1
Page 15
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
The Copyright Order and the Trademarks Act make provision for remedies of imprisonment,
monetary fines, seizure, forfeiture and destruction of infringing goods and materials and implement
for their production.
For fines and penalties please see the answer to question 21 above.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
Please refer to the answer to question 8 above.  The proceedings are in accordance to the
Criminal Procedure Code.
No data are available on the actual duration of proceedings and their cost.
__________