RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/318
30 November 2001
(01-6112)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Brunei Darussalam to questions posed by Australia, Canada, the European
Communities and their member States, Japan, Switzerland and the United States
By means of a communication from the Permanent Mission of Brunei Darussalam dated
28 November 2001, the Secretariat has received the following responses to questions posed by
Australia, Canada, the European Communities and their member States, Japan, Switzerland and the
United States, as circulated in documents IP/C/W/328, 314, 320, 322, 315 and 316, respectively.
_______________
AUSTRALIA
A. PATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. 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
protectable under the Patents Order.
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.1
2. What protection does your copyright legislation afford to "foreign works"?
"Foreign" works are afforded the same protection as "domestic works".
                                                     
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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 se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
None.
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
Berne 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 organisations 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 accordance with the relevant provisions of the Berne and RomeConventions 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 each 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 terms 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.IP/C/W/318
Page 3
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation 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).
9. Please explain whether the droit de suite provided for in Article 14ter 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 have a misleading character or
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 are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registrationin that respect.
Use is not a condition required for the registration of a trademark.  However, a trademark may
be revoked under section 47(1) 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 hasbeen 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.IP/C/W/318
Page 4
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.
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.
(No response available at this time.)
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 legislation 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.IP/C/W/318
Page 5
Registration of an industrial design confers protection for a period of five years from the date
of application and this protection is renewable within a period of five years each, up to a maximum of
25 years.
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 legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how these
exclusions are applied in legal as well as practical terms.
(No response available at this time.)
26. Please explain whether your legislation provides 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 legislation and
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.
(No response available at this time.)
30. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
Patent rights holder can take infringement actions (under section 67 of the Patent Order, 1999)
against the importing and against the offering for sale of patented invention.
31. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.IP/C/W/318
Page 6
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 Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant legislation 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.
(No response available at this time.)
35. Please explain whether or not your legislation 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 your legislation ensures that the use
of a compulsory licence shall be authorised predominantly for the supply to the domestic market ofthe 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 a
licence on reasonable terms and condition.
"Reasonable period of time" would be subj ect to the interpretation of the court.
37. Please state if your legislation grants additional 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.IP/C/W/318
Page 7
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 provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds toknow 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 legislation grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
Because there are 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.
45. Please explain how your legislation defines da ta 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.IP/C/W/318
Page 8
Please refer to response to question 5 of the Checklist of Issues on Enforcement.2
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 authorizes 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 authorize 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 authorize 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
• Copyright Order – section 99(2)
51. Please quote what provisions of your legislation authorize 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 authority to order that infringing goods are placed
outside channels of commerce or destroyed.
• Trademarks Act – section 18(1)(b)
• Patent Order – 67(1)(B)
                                                     
2 Document IP/N/6/BRN/1.IP/C/W/318
Page 9
• 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 authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
(No response available at this time.)
54. Please explain how your legislation impl ements 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.
Brunei Darussalam law does provide for a de minimis  import exception.
58. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
Please refer to response to question 24 of the Checklist of Issues on Enforcement.3
JAPAN
A. C OPYRIGHT AND RELATED RIGHTS
Please explain exceptions or exemptions of the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbou ring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
None.
                                                     
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Page 10
SWITZERLAND
A. PATENTS4
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 theseexceptions 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 is patentable inventions.  Section 13(2) and (3) sets out the
exceptions.
2. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of the
TRIPS Agreement, consider impor tation as "working" a patent (and therefore preclude compulsory
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.
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.
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 against disclosure 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
authorisation 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.
C. 
ENFORCEMENT
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.5
                                                     
4 All responses are based on the Patents Order, 1999, which is yet to come into force.
5 Document IP/N/6/BRN/1.IP/C/W/318
Page 11
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.
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 theBerne Convention (1971), except Article 6
bis, 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 engravingsand 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: seeIP/C/W/318
Page 12
obligation to protect; beneficiaries of protection: see section
166 and section; see section 93
works of applied art and industrial designs
news:
Article 2 bis Limitation of protection of certain works:
certain speeches:N/A
certain uses of lectures and addresses: N/A
collections of such works:N/A
Article 3 criteria of eligibility for protection: see Chapter IX,
sections162, 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 psuedonymous 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 40IP/C/W/318
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indication of source and author: moral rights chapter iv
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 2
nd 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 122
Transitory measures:
Seizure on importation of infringing copies: sections 113 &
200
Article 14 Cinematographic and related rights:
Adaptation and reproduction, etc: sections18 & 23Adaptation 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 certaincontributors: section 11
Certain other contributors:
Article 14 ter 'Droit de suite'
Subject to the terms of the assignment or licence granted bythe author.
Article 15 Right to enforce protected rightsArticle 16 Infringing copies:
Seizure: section 102
Seizure on importation:102
Article 17 Possibility of control of circulation etc: N/AIP/C/W/318
Page 14
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/A
Article 20 Special agreements am ong countries of the Union: N/A
Article 21 Special provisions regarding developing countries: N/A
3. Please explain how the copyright law of Br unei Darussalam protects computer programs as
literary works  and complications of data as required by Article 10 of the TRIPS Agreement.
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 authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2
requires that producers of phonograms are to have the right to authorize or prohibit the commercial
rental to the public of originals or copies of their phonograms.  Please describe how the copyrightlaw of Brunei Darussalam implements these obli gations and indicate the 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 having
recording rights".
C. T
RADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark law of
Brunei Darussalam.IP/C/W/318
Page 15
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 law, 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 Ag reement is implemented, citing to the relevant
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.
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.IP/C/W/318
Page 16
Textiles designs are protected under the Industrial Designs Order, following the procedure
provided under rules 6-9 of the Industrial Designs Rules.
F. PATENTS6
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 detailsregarding the protection for micro-organisms and no n-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
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 the
patented invention, with any of the means, relating to an essential element of that invention, forputting 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.
                                                     
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17. Please describe in detail any provisions in the laws of Brunei Darussalam permitting
unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the
conditions 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 extremeurgency,
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 the 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:
(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 anythingunder section 12 as above.
Section 2 provides protection as the for the period beginning on the day on which it was made
and ending: –IP/C/W/318
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(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 products 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 provision 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 marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by 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.
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.7
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production
of evidence necessary to substantiate a party's claims where that party has been unable to obtain such
evidence from the opposing party.  Please describe how the laws or regulations of Brunei Darussalamprovide 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 andfile 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
                                                     
7 Document IP/N/6/BRN/1.IP/C/W/318
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25. Please describe in detail the all of the civil remedies that are available to right holders under
the laws of Brunei Darussalam, citing to th e relevant provisions of law or regulation.
Please refer to response to question 5 of the Checklist of Issues on Enforcement.8
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 avai lable to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each form ofintellectual property, citing the relevant provisions of law.
None.
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent
authorities can act ex officio.  Please 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 appropriate cases include the seizure, forfeiture and
destruction of infringing goods and any materials and implements the predominant use of which has
been the commission of the offence.  Please describe  the provisions in the laws of Brunei Darussalam
that provide for such remedies, and describe the circumstances in which those remedies would beimposed, citing to the relevant provisions of law or regulation.
In criminal proceedings for cases of infringement of:
                                                     
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(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 other 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. STATISTICAL QUESTIONS
33. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated 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 (i ncluding 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.
34. Please provide statistical information related to  criminal enforcement in the area of copyright
piracy and trademark infringement 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 other information establishing
that the criminal system operates effectively to deter copyright piracy and trademark counterfeiting.
Please refer to response to question 33 above.
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