WORLD TRADE
ORGANIZATIONIP/Q/BRN/1
IP/Q2/BRN/1IP/Q3/BRN/1
IP/Q4/BRN/1
13 October 2003
(03-5351)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
BRUNEI DARUSSALAM
The present document reproduces the introductory statement made by the delegation of
Brunei Darussalam, the questions put to it and the responses given in connection with the review of
legislation undertaken at the Council's meeting of 27 to 28 November 2001.1
_______________
I. INTRODUCTORY STATEMENT
A. GENERAL
The setting up of an intellectual property regi me in line with the TRIPS Agreement is one of
our WTO obligations which has received priority attention in Brunei Darussalam.  We welcome the
opportunity which this review gives for us to inform you of the steps which we have taken and the
current status of our IPR legislations.
As a developing country, the deadline for Brunei Darussalam to implement its obligations
under the TRIPS Agreement was 31 December 1999.  In drafting legislation to fulfil our obligations
under the Agreement, we worked closely together with the World Intellectual Property Organization
(WIPO) to ensure that our legislation was fully compliant.  The Attorney General's Chambers of
Brunei Darussalam is the authority responsible for overseeing the intellectual property rights
legislation in Brunei Darussalam.  Prior to the introduction of our new package of legislation inimplementing the TRIPS Agreement, protection of IPR in Brunei Darussalam was restricted to the
protection of trademarks and re-registration of patents, in addition, the UK 1911 Copyright Act was
considered applicable in Brunei Darussalam.
The following legislations have been enacted in Brunei Darussalam in compliance with our
obligations under the TRIPS Agreement:
• Copyright Order, 1999
• new Trademarks Act (Cap. 98)
• Patents Order, 1999
• Industrial Designs Order, 1999
• Layout Designs Order, 1999
                                                     
1 The minutes of this meeting have been circulated as document IP/C/M/34.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 2
B. COPYRIGHT AND RELATED RIGHTS
Copyright and related rights in Brunei Darussalam are governed by the Copyright Order,
1999.  This legislation, which is based on the UK Copyright Act, was passed by His Majesty the
Sultan and Yang Di Pertuan of Brunei Darussalam on 18 December 1999 and entered into force on1 May 2000.
C. T
RADEMARKS
The registration and protection of trademarks in Brunei Darussalam are governed by the new
Trademark Act 1999 (Cap. 98) and the Trademark Rules which replace the old Trademark Act.  These
legislations which are based on the UK 1994 Trademarks Act came into force on 1 June 2000.
Protection of trademarks covers good and services.  The registration of a mark is for an indefiniteperiod provided that the renewal fees are paid every tenth year.
D. P
ATENTS
The Patents Order 1999 which creates an indepe ndent patent system in Brunei Darussalam,
which was passed on 29 June 1999, is yet to enter into force as negotiations with foreign patentoffices regarding arrangements for searches and examinations have to be completed.  The Patents
Order, 1999 will give patent protection for 20 years from the date of filing the application.  No
specific legislation is available with regard to protection for plant varieties as we consider it to be
covered under the Patent Order.  At the moment patents are merely registerable under the
re-registration system as provided under the Inventions Act (Cap. 72).
E. I
NDUSTRIAL DESIGN
The registration and protection of industrial designs in Brunei Darussalam is governed by the
Industrial Designs Order, 1999, which was passed on 18 December 1999 and the Industrial Design
Rules, which was passed on 16 March 2001.   These legislations came into force on 1 May 2000.  Theterm of protection provided for industrial designs under this legislation is 25 years.
F. G
EOGRAPHICAL INDICATIONS
Geographical indications are protected in Brunei Darussalam as a trademark, certification
mark or collective mark.
G. LAYOUT DESIGNS OF INTEGRATED CIRCUITS
An original layout design of integrated circuits is protected under the Layout Designs Order,
1999, which was passed on 18 December 1999 and came into force on 1 May 2000.  The protection is
automatic and the duration of protection is either ten years from the first commercial exploitation (if
the exploitation takes place within five years after the year it is created) or 15 years from the year it is
created.
H. PROTECTION OF UNDISCLOSED INFORMATION
Confidential information is currently only pr otected under the common law.  However, with
regard to confidential information and test data to be submitted to the Government,
Brunei Darussalam is currently in the process of drafting a new Medicines Act which will makeprovision to protect such information.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 3
I. ENFORCEMENT
Enforcement procedures and remedies (including  border measures) in Brunei Darussalam are
available under the various IPR legislations as well as under the common law to enable effective
action to be taken against acts of infringement.  These procedures and remedies may be soughtthrough both civil and criminal actions.  A more complete explanation of the enforcement procedures
and remedies available are provided in our responses to the Checklist on Issues of Enforcement.  The
Royal Brunei Police Force and the Royal Customs and Excise Department together with the Attorney
General's Chambers are the agencies responsible for the enforcement measure provided under our IPR
legislations.
II. RESPONSE TO A QUESTION POSED BY AUSTRALIA
P
ATENTS (INCLUDING PLANT VARIETY PROTECTION )
How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
There is no sui generis  system for the protection of plant varieties, but they are considered to
be protectable under the Patents Order.
III. RESPONSES TO QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement and throughout) have been implemented.
Please refer to responses on the Checklist of Issues on Enforcement.2
2. What protection does your copyright legislation afford to "foreign works"?
"Foreign" works are afforded the same protection as "domestic works".
IV. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. G ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPSAgreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
None.
                                                     
2 Document IP/N/6/BRN/1.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 4
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971)).
Please refer to response to question 2 from the United States.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Please refer to response to question 3 from the United States.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
Please refer to response to question 4 from the United States.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Please refer to response to question 5 from the United States.
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Acts permitted in relation to copyright works are provided under Chapter III of the Copyright
Order.  Section 193 provides that the Second Schedule provides acts which may be done in relation to
a performance or recording.
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.
Section 14 of the Copyright Order provides that copyright in a literary, dramatic, musical or
artistic work will expire at the end of the period of 50 years from the end of the year in which the
author dies.
The term of protection for related rights as provided by section 195 is until the end of the
period of 50 years from the end of the year in which the performance took place.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Under sections 4-8 of the First Schedule of the Copyright Order provision is made regarding
the subsistence of copyright in works existing pr ior to the commencement of the Order as well as
provision for the Attorney General to order a date after which copyright will not subsist (such order is
yet to be made).IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 5
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne
Convention is protected in your legislation.
Droit de suite  under Article 14 ter of the Berne Convention would be subject to the terms of
the assignment or licence granted by the author.
C. T RADEMARKS
10. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Please refer to response to question 8 from the United States.
In order to be protectable, the sign must be able to distinguish the good or services of one
undertaking from the goods or services of other undertakings.  A trademark must be distinguished or
distinguishable among different goods or services.  A trademark must not have a misleading character
or be contrary to public policy or morality.
11. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Services are protectable under the Trademarks Act.  Sound and perfumes are not protectable.
Containers are protectable.
12. Please explain what the requirements of use a re, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
Use is not a condition required for the registration of a trademark.  However, a trademark may
be revoked under section 47(1) if it has not been put to genuine use in Brunei Darussalam by the
proprietor for a period of five years following the completion of the registration procedure or use has
been suspended for an uninterrupted period of five years and there is no proper reason for non-use.
13. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Yes.
14. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
There are no special requirements concerning the use of trademarks in the Trademark Act.
D. G EOGRAPHICAL INDICATIONS
15. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
Yes, please refer to section 6(1)(c) of the Trademark Act.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 6
16. Please give the definition of a geographical indication in your legislation.
There is no specific definition for geographical indications.
17. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
There are no such provisions as there is no specific legislation regarding geographical
indications.
18. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
Please refer to response to question 12 from the United States.
19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
None.
E. I NDUSTRIAL DESIGNS
20. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
Designs dictated essentially by technical or functional considerations are not protected.
Please refer to section 2 of the Industrial Designs Order, 1999 for the definition of industrial designs.
Textile designs are protected as long as they are new.
21. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
The right holder of a design has the exclusive rights of import as provided under section 31 of
the Industrial Designs Order, 1999.
22. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
The Industrial Designs Order, 1999 does not provide for the right to issue a compulsory
licence for industrial design.
23. Please indicate for what period of time your legislation grants protection for industrial
designs.
Registration of an industrial design confers protection for a period of five years from the date
of application and this protection is renewable with in a period of five years each, up to a maximum of
25 years.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 7
F. P ATENTS
24. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Please refer to sections 14-16 of the Patents Order, 1999.
25. Please explain whether or not in your legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Exclusions to patent rights are present through compulsory licensing (under section 55 of the
Patents Order) and government use (under section 58 of the Patents Order).
26. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public  or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
Section 13(3) of the Patent Order states that an invention the publication or exploitation of
which would be generally expected to encourage offensive, immoral or anti-social behaviour is not a
patentable invention.  This section has not been applied as the Patent Order is yet to come into force.
27. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislationand explain its formulation.
The Patents Order, 1999 does not exclude diagnostic, therapeutic and surgical methods from
patentability.
28. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation. If so, please explain the relevant section of your
legislation and explain its formulation.
The Patents Order, 1999 does not exclude plants, animals and essentially biological processes
from patentability.
29. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are protected in your legislation. Please explain, in
this respect, the relevant sections of your legislation.
Patent protection would be available provided they meet the criteria for patentability as stated
under section 13 of the Patent Order.
30. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Patent right holders can take infringement actions (under section 67 of the Patent Order, 1999)
against the importing and against the offering for sale of patented invention.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 8
31. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
If the pharmaceutical and agricultural products in question are products of inventions which
are patentable under section 13, they are protected under section 49.
32. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Yes, under section 49.
33. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant le gislation and describe the additional conditions
in detail.
None.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Please refer to response to question 25.
35. Please explain whether or not your legislatio n provides for compulsory licensing. If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Section 55 provides that any person interested may apply to the court for the grant of a licence
upon the following grounds:
(a) the market in Brunei Darussalam for the patented invention is not being supplied due
to the failure of to work or to work to sufficient extent, the patented invention, or
(b) the patented invention is not being supplied on reasonable terms by the proprietor of
the patent.
36. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the right holders on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time. In
this context, how do you define "reasonable period of time".  Please also explain how yourlegislation ensures that the use of a compulsory  licence shall be author ised predominantly for
the supply to the domestic market of the Member authorizing such use.
Section 55(7)(a) states that no licence shall be granted unless it is established that within a
reasonable period of time, the proposed user has been unable after reasonable efforts to obtain alicence on reasonable terms and conditions.
"Reasonable period of time" would be subj ect to the interpretation of the court.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 9
37. Please state if your legislation grants additi onal protection for innovations after the 20
years of patent protection has lapsed.
No.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Section 68 is the relevant provision for reversal of burden of proof in relation to process
patents. The burden of proof shall lie on the alleged infringer.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
The Layout Designs Order, 1999 provides for the protection of layout designs of integrated
circuits which are original.  Please refer to section 6 for the meaning of "original".
40. Please explain what protection your national legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
Right holders can take infringement action against unlawful importation, sale or distribution
for commercial purpose of topography.  Please refer to section 13 of the Order.
41. Please explain how your legislation provide s for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
Please refer to section 14 of the Order.
42. Please state the term of protection granted by your legislation to topographies.
Please refer to section 2.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
Because there are no legislative provisions specifically for the protection of undisclosed
information, there is no defined period of time for its protection.
44. Please explain how your legislation defines "undisclosed information".
The definition is subject to common law.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 10
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
There is no definition for data which is submitted to the Government or Governmental
agencies.
I. E NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
Please refer to response to question 5 of the Checklist of Issues on Enforcement.3
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
None.
48. Please describe how your legislation authorises judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
Please refer to responses to questions 3 and 4 of the Checklist of Issues on Enforcement.2
49. Please quote provisions of your legislation that authorise judges to order a defendant to
desist from an infringement.
• Trademarks Act – section 16(2)
• Patent Order – section 67(1)(a)
• Industrial Designs Order – section 48(1)
• Layout Designs Order – section 24
• Copyright Order – section 99(2)
50. Please quote what provisions of your legislation authorise judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Judges can order damages to the right holder  to compensate the injury he suffered:
• Trademarks Act – section 16(2)
• Patent Order – section 67(1)(a)
• Industrial Designs Order – section 48(1)
• Layout Designs Order – section 24
                                                     
3 Document IP/N/6/BRN/1.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 11
• Copyright Order – section 99(2)
51. Please quote what provisions of your legislation authorise judges to order the payment
of the right holder's expenses by the infringer.
Please refer to response to question 50 above.
52. Please explain if and how judges have the au thority to order that infringing goods are
placed outside channels of commerce or destroyed.
• Trademarks Act – section 18(1)(b)
• Patent Order – 67(1)(B)
• Industrial Designs Order – section 54(1)
• Layout Designs Order – section 23(1)(c) & (d)
• Copyright Order – sections 101 & 212
53. Please quote what provisions of your legislation authorise judges to indemnify a
defendant in the event of abuse by the plaintiff.
Under appropriate circumstances, judges are authorised to order a plaintiff to pay for a
defendant's costs.  Order 59, Rule 2 of the Rules of the Supreme Court provides that the Court shallhave full power to determine by whom and to what  extent the costs are to be paid unless otherwise
expressly provided in any written law.  In additi on, Order 59, Rule 7 provides that where anything is
done or omission is made improperly or unnecessarily by or on behalf of a party, the Court may direct
that any costs to that party shall not be allowed to him and that any costs occasioned by such party's
act or omission to other parties shall be paid by him to them.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
An application can be made to the court for provisional measures such as injunctions under
the common law.
55. Please identify the competent authorities in  your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
The Royal Customs and Excise Department is the competent authority to receive the request
from right holders to apply to suspend the release of counterfeit goods.
56. Please indicate whether or not procedures  are available to suspend the exporting of
counterfeit goods.
If the counterfeit goods have been seized by the competent authorities they cannot be
exported.
57. Please indicate whether or not your legislation provides for a de minimis  imports
exception.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 12
Brunei Darussalam law does provide for a de minimis  import exception.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Please refer to response to question 24 of the Checklist of Issues on Enforcement.4
V. RESPONSE TO A QUESTION POSED BY JAPAN
COPYRIGHT AND RELATED RIGHTS
Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted inArticles 3 and 4 of the TRIPS Agreement.
None.
VI. RESPONSES TO QUESTIONS POSED BY SWITZERLAND
A. P
ATENTS5
1. Does your legislation grant patent protection for inventions relating to products and
processes in all fields of technology?  Are there any exceptions?  If so, please explain what these
exceptions are and how they comply with Article 27 of the TRIPS Agreement.
Yes, our Patent legislation covers inventions relating to products and processes in all fields of
technology.  Section 13(1) defines what are patentable inventions.  Section 13(2) and (3) sets out the
exceptions.
Follow-up question:
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
                                                     
4 Document IP/N/6/BRN/1.
5 All responses are based on the Patents Order, 1999, which is yet to come into force.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 13
(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."
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore precludecompulsory licensing, if a product is being imported)?
Importation is considered as "working" a patent.  Please refer to section 2 for the definition of
"working".
3. Does your legislation make the granting of a compulsory license subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant
provisions of law.
Compulsory licensing is provided under section 55.
Follow-up question:
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 Orderseems not to have been notified to the WTO yet.  Please explain in detail what the relevant
provisions 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."
4. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
Please refer to response to question 38 from the European Communities and their member
States.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 14
B. PROTECTION OF UNDISCLOSED INFORMATION
5. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorisation of a pharmaceutical or of an agricultural chemical product is protected againstdisclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market auth orisation for a similar product.  Does your
legislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
Please refer to responses to questions 20 and 21 from the United States.
Follow-up question:
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 inBrunei 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.
C. E
NFORCEMENT
6. Please indicate remedies provided by your legislation which constitute effective
deterrents to infringements of intellectual property rights.
Please refer to response to question 5 of the Checklist of Issues on Enforcement.6
7. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
New initiatives include training for customs officers on procedures for handling counterfeit
goods and prosecutors on conducting prosecutions, etc.
                                                     
6 Document IP/N/6/BRN/1.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 15
VII. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most favoured nation treatment are provided to nationals of other WTO Members.
The intellectual property legislation of Brunei Darussalam does not discriminate between
nationals of Brunei Darussalam and na tionals of other WTO member countries.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Brunei Darussalam complies with
Article 9 of the TRIPS Agreement requiring that  Members comply with all Articles 1 through
21 of the Berne Convention (1971), except Article 6bis, since Members do not have rights or
obligations relating to the latter Article under the TRIPS Agreement.
Copyright and related rights as provided under Articles 1-21 of the Berne Convention are
protected in Brunei Darussalam under the Copyright Order, 1999 as follows:
Berne Convention Copyright Order, 1999
Article 1 None
Article 2 'literary works' are defined in the first Schedule to include
maps, plans, table and compilations and elsewhere in the
Order to be construed under subsection (1) of section 5
'artistic works' are defined in the First Schedule to include
works of painting, drawing, sculpture and artistic
craftsmanship, and architectural works of art, and engravings
and photographs and elsewhere in the Order to be construed
in accordance with section 6
fixation: section 5(2) provides that 'copyright does not
subsist in a literary, dramatic or musical work unless anduntil it has been recorded, in writing or otherwise
(derivative works)official texts: see Chapter X, sections 167, 168, 169, 170,
171
collections: seeobligation to protect; beneficiaries of protection: see section
166 and section; see section 93
works of applied art and industrial designsnews:IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 16
Article 2 bis Limitation of protection of certain works:
certain speeches: N/A
certain uses of lectures and addresses: N/Acollections of such works: N/A
Article 3 criteria of eligibility for protection: see Chapter IX,
sections 162, 163, 164, 165 and 166
Article 4 criteria for eligibility for protection of cinematographic
works: same as above
Article 5 Rights guaranteed:
outside the country of origin: see sections 164 and 166
in the country of origin: see section 164(1)(a)
'country of origin': section 163
Article 6 Restriction of Protection of certain works of national of
countries outside the Union:
in the country of first publication and other countries:
no retroactivity:notice:
Article 7 Term of Protection:
generally: see section 14(1)
cinematographic works: see section 14(2)anonymous and pseudonymous works: see section 14(2)
photographic work and applied art: section 14(1)
starting date: section 14(1)
longer terms: N/A
shorter terms: N/A
applicable law:
Article 7 bis term of protection of works of joint ownership: see section
14(4)
Article 8 right of translation: see section 18(1)(e) and section 23
Article 9: right of reproduction:
generally: see article 18(1)(a)
possible exceptions: see Chapter III
sound and visual recordings:
Article 10 Certain free uses of works:
quotations:
illustrations for teaching: see sections 36, 37, 38, 39 and 40indication of source and author: moral rights chapter ivIP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 17
Article 10 bis Further possible free uses of works
Of certain articles and broadcast works: section 62
Works seen or heard in connection with current events:
sections 2 & 13 of the 2nd Schedule
Article 11 Certain rights in dramatic and musical works
Right of public performance: sections 18(1)(c) & 21
In respect of translations: sections 18(1)(e) & 23
Article 11 bis Broadcasting and Related Rights
Broadcasting and other wireless communications etc:sections 8, 18 & 22
Compulsory licences: section 138 read with section 122
Recording; ephemeral recordings:
Article 11 ter Certain rights in literary works:
Right of public recitation and communication to the public:
section 18
In respect of translations: sections 18 & 23
Article 12 Right of adaptation, arrangement and other alteration:
sections 18 & 23
Article 13 Possible limitation of the right of recording of musical works
and any words pertaining thereto:
Compulsory licences: section 158 read with section 122Transitory measures:
Seizure on importation of infringing copies: sections 113 &
200
Article 14 Cinematographic and related rights:
Adaptation and reproduction, etc: sections18 & 23
Adaptation of cinematographic productions: section 18 & 23
Article 14 bis Special provisions concerning cinematographic works:
Assimilation to original works: sections 3 & 4, Chapter II
Ownership, limitation of certain rights of certain
contributors: section 11Certain other contributors:
Article 14 ter 'Droit de suite'
Subject to the terms of the assignment or licence granted by
the author.
Article 15 Right to enforce protected rightsArticle 16 Infringing copies:
Seizure: section 102Seizure on importation:102
Article 17 Possibility of control of circulation etc: N/AIP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 18
Article 18 Works existing on Convention's entry into force:
Sections 4-8 of the 1st Schedule
Article 19 Protection greater than resulting from the Convention: N/AArticle 20 Special agreements among  countries of the Union: N/A
Article 21 Special provisions regarding developing countries: N/A
3. Please explain how the copyright law of Brunei Darussalam protects computer
programs as literary works and complications of data as required by Article 10 of the TRIPSAgreement.
Computer programmes and compilations of data are included in the definition of "literary
works" under section 5(1) of the Copyright Order.  As such they are afforded the same protection as
"literary works" as provided under the Order.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Brunei Darussalam.
Please refer to section 20 of the Copyright Order.
5. Please state the length and terms of protection the copyright law of Brunei Darussalam
provides  for a work other than a photographic work or a work of applied art and cite to the
relevant provision of law.
Section 14 provides that copyright in a literary, dramatic, musical or artistic work will expire
at the end of the period of 50 years from the end of the year in which the author dies.
6. Please describe the protection the copyright law of Brunei Darussalam provides for
performers, and the term of the protection.
Rights of performers are protected under Part II of the Copyright Order.  Infringements of
performers rights are provided under sections 182-187.  The terms of protection as provided by
section 195 is until the end of the period of 50 years from the end of the year in which the
performance took place.  Remedies for infringement are as provided under sections 198 and 199.
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorise or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorise or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Brunei Darussalam implements these obligations and indicatethe term of protection.
Producers of phonograms have the rights as "a person having recording rights".  Please refer
to the relevant sections in Part II of the Copyright Order.  The rights of the producer would be subject
to the terms of the exclusive recording contract between the performer and the "person havingrecording rights".IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 19
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark
law of Brunei Darussalam.
Section 4 of the Trademark Act (Cap. 98) defines "trademark" as visually perceptible sign
capable of being represented graphically which is capable of distinguishing goods or services of one
undertaking from those of other undertaking.  A trademark may in particular consist of words
(including personal names), designs, letters, numerals or the shape of goods or their packaging.
9. Please describe the procedure that must be followed to register a trademark in Brunei
Darussalam, citing the relevant provisions of the la w, and describe the rights that the owner of a
registered mark can exercise.
Sections 38 to 42 of the Trademark Act as well as rules 13-25 of the Trademarks Rules lay
down the procedure to be followed to register a trademark in Brunei Darussalam.
Section 12 of the Trademark Act provides that the proprietor of a registered trademark has
exclusive rights in the trademark which are infringed by use of the trademark in Brunei Darussalam
without his consent.
10. Please provide the length and terms of protection that the trademark law of Brunei
Darussalam provides for a trademark.
Section 43(1) states that a trademark shall be registered for a period of 10 years from the date
of registration.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Brunei Darussalam provide for the recognition
and protection of geographical indications required by Article 22.2 of the TRIPS Agreement,citing to the relevant provisions of law or regulation, and provide examples of geographical
indications so protected.
Geographical indications are protected in Brunei Darussalam as certification or collective
marks.
12. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to therelevant provisions of law or regulation, and provide examples of geographical indications for
such products.
The higher level of protection afforded to wines and spirits under Article 23.2 of the TRIPS
Agreement is not available in Brunei Darussalam as the sale of alcohol is prohibited.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 20
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Brunei Darussalam, and describe the nature of the
protection provided.
Section 15 and rules 6-9 of the Industrial Designs Order, 1999 and the Industrial Designs
Rules provide the procedure to be followed to obtain protection for industrial designs.
14. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
Textiles designs are protected under the Industrial Designs Order, following the procedure
provided under rules 6-9 of the Industrial Designs Rules.
F. PATENTS7
15. Please describe in detail the way in which the patent law of Brunei Darussalam
implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and
including details regarding the protection for micro-organisms and non-biological and
microbiological processes and plant varieties.  Please cite to the relevant provisions of the law.
Section 13(1) of  the Patents Order, 1999 states  what is patentable invention in accordance to
Article 27 of the TRIPS Agreement.
Section 13(2) provides the exception which is in line with Article 27.2 of the TRIPS
Agreement.
Section 13(3) provides that "an invention the publication or exploitation of which would be
generally expected to encourage offensive, immoral or anti-social behaviour is not a patentable
invention".
Section 114 provides for the requirement relating to samples of micro-organisms to be made
available.
There is no sui generis  system for the protection of plant varieties, but they are considered to
protectable under the Patents Order.
16. Please describe in detail the rights provided patent holders under the patent law of
Brunei Darussalam and cite to the relevant provisions of law.
Sections 49 and 50 of the Patents Order confers the following rights to a patent holder:
(a) where the subject matter of a patent is a product, to prevent third parties not having
his consent from the acts of: making, using, offering for disposal, disposing of, or
importing for the purpose that product or keeping it whether for disposal or otherwise;
(b) where the subject matter of a patent is a process, the act of using the process, and the
acts of using, offering for disposal, dis posing of, or importing for these purpose at
                                                     
7  All responses are based on the Patents Order, 1999, which is yet to come into force.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 21
least the product obtained directly by that process or keeping such product whether
for disposal or otherwise.
A patent holder also has the right to prevent all third parties not having his consent from
supplying or offering to supply in Brunei Darussalam a person other than a party entitled to work thepatented invention, with any of the means, relating to an essential element of that invention, for
putting the invention into effect, when the third part y knows, or it is obvious in the circumstances to a
reasonable person, that those means are suitable for putting, and are intended to put, the invention into
affect in Brunei Darussalam.
Section 41 states that rights to a patent may be transferred, created or granted.
17. Please describe in detail any provisions in the laws of Brunei Darussalam permitting
unauthorised use of a patent, citing to the relevant provisions of law, and describe in detail theconditions under which such use can occur.
Sections 58-65 allows use of patented inventions for services of Government departments and
any person authorised in writing by the Government.
The conditions under which such use can occur are when:
(a) the sale or supply of anything for foreign defence purposes;
(b) the supply of anything to avoid prejudice to the security or defence of Brunei
Darussalam; and
(c) the supply of anything to assist in the exercise of powers and the implementation of
measures during a period of national emergency or other circumstance of extreme
urgency,
and limited to public non-commercial use.
18. What term of protection does the patent law of Brunei Darussalam provide for patents?
Please describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
Section 36(1) of the Patent Order provides that the term of protection of a patent is 20 years
beginning with the date of filing the application for the patent.
There is no provision for the extension of the term of protection under the Order.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Brunei Darussalam, including th e term of protection, and cite to the relevant
provisions of law.
Section 12 of the Layout Designs Order states the owner of the layout design right has during
the protection period of the layout design, the exclusive rights:IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 22
(a) to copy and to authorise the copying of that layout design in a material form;
(b) to make an integrated circuit in accordance with that layout design or with a copy of
that layout design;
(c) to commercially exploit, and to authorise the commercial exploitation of the layout
design in Brunei Darussalam.
Section 13 states that layout design rights are infringed by any person who, during the
protection period, without the licence of the owner, does or authorise another person to do anything
under section 12 as above.
Section 2 provides protection as the for the period beginning on the day on which it was made
and ending:
(a) if it was commercially exploited within 5 years after the year in which it was made, at
the end of the 10th year after the year in which is was first commercially exploited;
(b) in any other case at the end of the period of fifteen years after the yaer un which it
was made.
H. PROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Brunei Darussalam provide for the protection
of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.
Brunei Darussalam complies with Article 39.2 of the TRIPS Agreement by applying the
common law. Under the common law, a civil action may be brought to protect undisclosed
information against unauthorised disclosure and unfair commercial use.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical prod ucts submitted to the government in order to
obtain marketing approval in Brunei Darussalam and cite to the relevant provisions of law.
At present there are no relevant provisions in which protection is provided for test data
regarding pharmaceutical and agricultural chemical products submitted to the Government in order to
obtain marketing approval in Brunei Darussalam. However, the Government is in the process of
drafting a new Medicines Act, in which provisions on this will be incorporated.
22. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submittedby the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible.
Please see answer to question 21.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 23
I. ENFORCEMENT
23. Please describe in detail the manner in which the laws of Brunei Darussalam provide for
effective action against infringement of intellectual property rights as required by Article 41.1
of the TRIPS Agreement.
Please refer to response to question 5 of the Checklist of Issues on Enforcement.8
24. Article 43.1 of the TRIPS Agreement requires that judges be authorised to order
production of evidence necessary to substantiate a party's claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Brunei Darussalam provide this authorization, citing to the relevant provisions of
law or regulation.
The Court may order any party to a cause or matter and serve on any other party a list of
documents which are or have been in his possession, custody or power 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.
Please also see response to question 3 of the Checklist of Issues on Enforcement.7
25. Please describe in detail all of the civil remedies that are available to right holders under
the laws of Brunei Darussalam, citing the relevant provisions of law or regulation.
Please refer to response to question 5 of the Checklist of Issues on Enforcement.9
26. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Brunei Darussalam, citing to the relevant provisions of law and
regulation, and indicate any condition under which a right holder may avail itself of those
procedures and remedies.
Please refer to response to question 10 of the Checklist of Issues on Enforcement.8
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Brunei Darussalam that
provide for border enforcement at least for trademark counterfeiting and copyright piracy,
identifying the competent authority and citing to  the relevant provisions of law or regulation.
Please refer to response to question 15 of the Checklist of Issues on Enforcement.8
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each
form of intellectual property, citing the relevant provisions of law.
None.
                                                     
8 Document IP/N/6/BRN/1.
9 Document IP/N/6/BRN/1.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 24
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Brunei Darussalam are empowered to act ex officio and, if so, please identify the intellectual
property areas subject to ex officio action.
Please refer to response to question 18 of the Checklist of Issues on Enforcement.8
K. CRIMINAL PROCEDURES
30. Please describe in detail how the laws of Brunei Darussalam implement Article 61 of the
TRIPS Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement  on a commercial scale.  Please cite to the
relevant provisions of law and regulation.
Please refer to response to question 21 of the Checklist of Issues on Enforcement.8
31. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use ofwhich has been the commission of the offence.  Please describe the provisions in the laws of
Brunei Darussalam that provide for such remedie s, and describe the circumstances in which
those remedies would be imposed, citing to the relevant provisions of law or regulation.
In criminal proceedings for cases of infringement of:
(a) copyright – the court can order that the infringing copy or article be delivered to the
copyright owner or to such other person as the court may direct, see section 209(1).
The court can also order forfeiture of the infringing copy, section 209(5).
The court can make an order as to the disposal of the infringing copy, see section 212.
(b) trademarks – the court can order for the forfeiture of infringing goods material or
articles as provided under section 104 of the Trademarks Act.
32. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Brunei Darussalam that provide for such procedures and
remedies, citing to the relevant provisions of law or regulation.
No provisions are available for criminal procedures and penalties in cases of wilful
infringement of other forms of intellectual property.
L. S
TATISTICAL QUESTIONS
33. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for 2000, including the number of cases filed; injunctions issued; infringing
products seized; infringing equipment seized; cases resolved (including settlement); and the
amount of damages awarded.
As the main bulk of the IPR package of legislations only came into force in the middle of
2000, no statistical information is available as yet.IP/Q/BRN/1, IP/Q2/BRN/1,
IP/Q3/BRN/1, IP/Q4/BRN/1
Page 25
34. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any otherinformation establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
Please refer to response to question 33 above.
__________