Brunei

Copyright

Copyright is a legal term describing rights given to creators of a broad range of literary and artistic works. It is a bundle of rights given to the author of works to make sure that only he can use and reproduce what he has created for his own purposes. It would enable him to control the commercial exploitation of his works.

The works covered by copyright includes:

literary works– such as novels, poems, computer programs, newspaper
dramatic works– such as plays or choreography

musical works– such as music

artistic works– such as sculpture, architecture, maps, technical drawings, paintings, photographs, wedding dais and so on.

Related Rights is a term that is associated with copyrighted works and provide similar rights. Works covered under related rights are:

sound recordings
films
broadcasting
cable programs
published editions.

Copyright Protection

Copyright and related rights protection is obtained automatically without any need for registration or other formalities. Unlike other types of intellectual property such as trademark, patent or industrial designs where these types of intellectual property must be registered for protection, copyright and related rights are unique where, the moment you create a work, it is automatically protected. Therefore, everything that you write (or draw or paint or whatever) regardless of whether it is an email, a recording, an image, a thesis, a web page, or anything else, it is automatically copyright protected. Not only that, works created in Brunei Darussalam will have protection in other countries who are a member of the World Trade Organization (WTO) or the Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention. This would mean that your copyright or related rights is already protected in most countries without having to ‘register’ or go to those countries).

Brunei Darussalam is a party to both the WTO, Berne Convention, WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).

Importance of © Symbol

The use of the © indicates an assertion of copyright. The symbol © is usually followed by the name of the copyright owner plus the year when copies of the work were first made available. Example: © Brunei Intellectual Property Office 2020. Not using the © symbol does not imply a waiver or loss of copyright. It may, however, be a relevant fact in infringement proceedings.

Duration of Protection

The copyright protection has a time limit of 50 years. So copyright protection will start the minute that you created the work plus 50 years after your death i.e. life plus 50 years.
Copyright protection also includes moral rights which involve the right to claim authorship of a work, and the right to oppose changes to it that could harm the creator’s reputation.

Copyright Materials Must Be Used with Permission

Ask permission directly with the copyright owner for a licence to use or copy copyright material or through agencies or administrative bodies that licence certain uses on behalf of their members (copyright owners).

Copyright materials can be used without permission but only in specific instances or fair dealing. Fair dealing is when a fair and reasonable portion of the work is copied for research/ private study, criticism/review and, report current affairs.

Industrial Design

An industrial design is the features of shape, configuration, pattern or ornament which when applied to an article gives the article a unique appearance. Design protection is obtained by registration with the Brunei Darussalam Intellectual Property Office (BruIPO).

What Kind of Products Can Benefit From An Industrial Design?

Industrial designs are applied to a wide variety of products of industry and handicraft; technical and medical instruments; watches, jewelry and other accessory items; house wares and electrical appliances; vehicles and architectural structures as well as textiles designs and leisure goods.

Why Protect an Industrial Design?

The industrial design law gives the owner the exclusive right to produce, sell, import, export, or hire out any product to which the design has been applied. The owner also owns the exclusive right to prevent the unauthorized exploitation of the protected design in industrial products.

What Are the Criteria For Registering An Industrial Design?

In order to register Industrial Design, the design must meet the following criteria:

The design must be new and has not been registered, published or sold in Brunei Darussalam.
Publication or use of design must not be contrary to public order or morality.

How Long Does A Registered Industrial Design Protection Last?

A registered Industrial design is protected for a period of 5 years beginning from the filling date. It can be renewed for a further period of 10 years, upon payment of a renewal fee, which is payable every 5 years.

Is A Registered Industrial Design Protected Worldwide?

No. As the Industrial design protection is territorial, the Industrial Design registered with BruIPO is only protected in Brunei Darussalam.

However, applicant who wish for their Industrial Design to be protected worldwide, they may file an international application via the Hague System.

Patent

A patent is a right given to the owner of an invention to prevent others from using, copying or making the same invention without his/her consent. Patent protection is obtained by registration with the Brunei Darussalam Intellectual Property Office (BruIPO).

The Benefits of Protecting Patent

The patent gives an exclusive right to the inventors that allow them to prevent others from using, making or selling the product of their inventions during the life of the patent. Patent owners may also give permission, or to license their inventions to other parties subject to their mutual agreement and terms. The owner of the patent may also sell their invention rights to other parties, who then will become the new owner of the patent.

What Is the Patent Protection System?

The application system in Brunei Darussalam operates on a ‘first-to-file’ basis, that is, the first person to file an application will have priority over others for the same invention.

The key feature of the patent system in Brunei Darussalam is that it is a ‘self-assessing’ system whereby the applicants decide how to proceed and when. The patent system is ‘formality-based’ and substantive examination work is outsourced to The Danish Patent and Trademark Office (DKPTO).

What Is Patentable Under the Patents Order?

To be patentable in Brunei Darussalam, an invention must meet the following criteria:

The invention is new (novel), which means that the invention has not yet been publicly disclosed in any form, in anywhere in the world.
The invention involves an inventive steps that can improve any existing product or process that is already available. These steps must not be obvious for someone with technical skills or knowledge in that particular field.

The invention is capable of industrial application, which means that the invention can be mass produced or used in some form of industry.

What Is Not Patentable Under the Patents Order?

An invention of a method of treatment on the human or on an animal body involving surgery, therapy or diagnosis is not patentable as they cannot be applied industrially.
An invention that encourages offensives, immoral or anti-social behavior is not patentable, even if it satisfies the criteria of patentability.

How Long Is A Patent Protected?

A patent which has been registered is given a term of twenty (20) years from the date of filing, subject to payment of annual renewal fees.

Is A Patented Invention Protected Worldwide?

No, patent protection is territorial, therefore a patent granted by BruIPO is only protected in Brunei Darussalam. However, an applicant can seek international patent protection by filing an international patent via the Patent Cooperation Treaty (PCT).

Trademark

What Is a Trade Mark?

Trade marks qualify for protection registration as provided in the Trade Marks Orde 1999. This legislation is adopted from the English Trade Mark Act 1994. A mark is categorized either as a trade mark, service mark, collective mark or certification mark.

Registrable Trade Marks in Brunei

Any visually perceptible sign capable of being represented graphically and which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Words (including personal names), designs, letters, numerals or the shape of goods or their packaging. Also includes collective marks and certification marks.

The registration of the Trade Mark gives the owner the exclusive legal rights to use, sell, or license their Trade Mark and prevent others from using or exploiting the mark in any way.

Application Process

An application for registration of a trade mark should be submitted to the Registrar of Trade Marks. For foreign applicants, such applications should be made through an authorized representative (agent) with a local address in Brunei Darussalam. A multi-class application is allowed and the mark, if registered is considered as one registration for renewal purposes.

After the application is submitted, the Registrar will officially acknowledge the application and give a filing number. After formal examination, the Registrar will accept the application and it will be published in the government gazette for opposition. If there is no opposition after three (3) months, the mark will proceed to registration. The entire process of registration takes between fifteen (15) to eighteen (18) months.

How Long Is Term of Protection for A Registered Trade Mark?

The period of protection for a registered Trade Mark is Ten (10) years from the date of filling. This may be renewed for another Ten (10) years subject to the payment of the renewal fee.

Trade mark Application Flowchart