Brunei Darussalam

Background

  • The Brunei Darussalam Intellectual Property Office (BruIPO) was set up on 1 June 2013 in an effort to restructure the national IP administration. The objectives of BruIPO are:
    • To provide a clear, accessible and widely understood patent system that protects ideas and inventions whilst encouraging innovation, Research & Development (R&D) and commercialization;
    • Raise awareness on the benefits and protection of trademarks and industrial designs and to use them to enhance business growth and competitiveness;
    • Promote and develop an ‘IP Culture’ where creativity and innovation can flourish; and
    • Establish partnership with the relevant stakeholders in support of the national innovation and business ecosystem.
  • At present, BruIPO is responsible for the registration of Patents, Trademarks, Industrial Designs and Plant Varieties Protection (PVP) whereas the administration of Copyrights is under the purview of the Brunei Darussalam Attorney-General’s Chambers (AGC).
  • BruIPO provides the following services:
    • Registration and renewal processes for patents, trademarks, industrial designs and plant varieties protection;
    • Promotion of public awareness on Intellectual Property; and
    • Providing information and advice on IP-related matters.

Organization

  • BruIPO is currently a standalone office under the purview of the Energy and Industry Department at the Prime Minister’s Office. It is comprised of 16 members of staff and is led by Ms Shahrinah Yusof Khan, Director and Deputy Registrar.

Registration Procedure

PATENTS

The applicant must complete and submit the registration form (Patent Form 1-PF 1) together with the prescribed fee and relevant documents to the Registrar of Patents. In general, the application would contain details and information pertaining to the invention, namely:

  • The title of the invention;
  • The technical field;
  • The description of the invention; and
  • The claims which determines the scope of protection.
  • Patent protection in Brunei last for up to 20 years from the date of filing subject to the payment of renewal fees on an annual basis.

    INDUSTRIAL DESIGNS

    Application for the registration of an industrial design can be made by lodging to the Registrar of Industrial Designs the following:

  • a completed application form - Designs Form D1;
  • 7 identical sets of representation of the design; and
  • the application fee.
  • An industrial design is protected for an initial period of 5 years beginning from the filling date. The design can be renewed for a further period of 10 years subject to the payment of a renewal fee every 5 years.

    TRADEMARKS

    To register a trademark, the applicant must lodge to the Registrar of Trade Marks the following:

  • Covering Letter and completed Form TM1;
  • Completed Form TM22 (mandatory for foreign applicants);
  • A4 Representation of the mark;
  • Translation and Transliteration of the mark (if not in the English language);
  • Priority Document (if priority is claimed over an earlier filed application); and
  • Prescribed fee BND$150/per Class and/or BND$6 (if an agent is appointed)
  • The term of protection is initially for 10 years but may be renewed subject to the payment of renewal fees at the 10th year of registration and thereafter every 10 years.

    PLANT VARIETIES

    An application for a plant variety shall be made by the breeder of that plant variety and lodged to the Registrar of Plant Varieties. In general, it should include the following:

    • A completed application form (Form PVP3);
    • A description of the plant variety;
    • The technical questionnaire;
    • Any supporting and/or relevant documents;
    • The prescribed fee.

    The term of protection given to a plant variety in Brunei Darussalam is up to 25 years from the date of the grant, subject to the payment of the annual renewal fees.

    Laws and Regulations

    Act, Rules, Regulations and Other Notifications

     

    Chapter/Notification No.

    Date Coming Into Force

    Copyright Order, 1999

     

    S 14/2000

    1 May 2000

    Amended by:

    Copyright (Amendment) Order, 2013

     

     

    S 92/2013

    4 December 2013

    Industrial Designs Order, 1999

     

    S 7/2000

    1 May 2000

    Amended by:

    Industrial Designs (Amendment) Order, 2014

     

     

     

    S 44/2014

     

    25 August 2014

    Subsidiary Legislation:

    Industrial Designs Rules

     

     

    S 23/2000

    1 May 2000

    Amended by:

    Industrial Designs (Amendment) Rules, 2014

     

     

     

    S 45/2014

     

    27 August 2014

    Industrial Designs (International Registration) Rules, 2014

     

    S 46/2014

    27 August 2014

    Patents Order, 2011

     

    S 57/2011

    1 January 2012 (except Part XIX)

    Amended by:

    Patents (Amendment) Order, 2017

     

     

    S 32/2017

    10 April 2017

    Subsidiary Legislation:

    Patents (Amendment) Rules, 2013

     

     

     

    S 11/2013

     

    Plant Varieties Protection Order, 2015

     

    S 17/2015

    1 April 2015

    Amended by:

    Plant Varieties Protection (Amendment) Order, 2016

     

     

    S 4/2016

    25 January 2016

    Subsidiary Legislation:

    Plant Varieties Protection Rules, 2016

     

     

    S 50/2016

    1 April 2015

    Trade Marks Act, 2000

     

    CAP. 98

    (Brunei Law Revision Order 2/2000)

    1 June 2000 (except Sections 75-81)

    Amended by:

    Trade Marks Act (Amendment) Order, 2014

    Trade Marks Act (Amendment) Order, 2017

     

     

     

     

    S 42/2014

    S 3/2017

     

    1 June 2013

    26 January 2017

    Subsidiary Legislation:

    Trade Marks Rules

     

     

     

    CAP. 98 (Brunei Law Revision Order 2/2000)

     

    1 June 2000

    Amended by:

    Trade Marks (Amendment) Rules, 2017

     

     

     

    S 4/2017

     

    26 January 2017

    Trade Marks (Importation of Infringing Goods) Regulations

     

    CAP. 98 (Brunei Law Revision Order 2/2000)

    1 June 2000

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