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INVESTMENT POTENTIAL
The Brunei Intellectual Property Of ce (BruIPO)
was formed on June 1, 2013 to restructure
the national intellectual property (IP)
administration. BruIPO is responsible for the
registration of patents, trademarks, industrial
designs and plant varieties protection.
While overseeing the development of the
national IP system, the of ce also aims to
raise awareness on the bene ts of IP rights
protection, enhancing business growth and
competitiveness and promoting an ‘IP Culture’
where creativity and innovation can ourish.
Patents
A patent is an exclusive right granted for an
invention, which can be a product or a process
that provides a new way of doing something, or
a new technical solution to a problem.
The application system in Brunei Darussalam
operates on a “ rst-to- le” basis. The rst
person to le a patent application will have
priority over others for the same invention.
With the system’s “self-assessing” feature,
applicants can decide how and when to proceed
with the patent applications. The patent
system is “formality-based”, and substantive
examination work is outsourced to the foreign
patent of ces of Austria, Denmark and Hungary.
A patent provides protection for 20 years, subject
to the payment of renewal fees. Additionally, a
patent granted by BruIPO is only protected in
Brunei. Applicants can seek international patent
protection by ling an international patent via
the Patent Cooperation Treaty (PCT).
Industrial Designs Order
An industrial design is the feature of shape,
con guration, pattern or ornament applied to
a product which gives the product a unique
appearance. It does not include a method or
principle of construction.
The Industrial DesignsOrder came into force in 2000
and provides for the registration of new industrial
designs or the visual appearance of products.
For industrial designs to be registrable, the
design must be new, which means it has not
been registered, published, used or sold in
Brunei or elsewhere before the date on which
the application of registration is logged.
The design must be applied industrially, meaning
that it must have been applied to more than 50
articles which altogether do not constitute a
single set of articles, or to articles manufactured in
lengths and pieces, not being handmade articles.
Once accepted for registration, the industrial
designs will be published in the Industrial Designs
Journal. A certi cate of registration will be issued
to the applicant.
A registered Industrial design is protected for
a period of ve years beginning from the lling
date. It can be renewed for a further period of 10
years, upon payment of a renewal fee, which is
payable every ve years.
An industrial design registered with BruIPO is only
protected in Brunei. Applicants who wish for their
industrial design to be protectedworldwidemay le
an international application via the Hague System.
Trademarks
According to the BruIPO website, a trademark
means any sign used to distinguish goods or
services of different organisations or individuals.
A trademark may consist of words (including
personal names), designs, letters, numerals,
or the shape of goods or their packaging. Since
2017, Brunei has been accepting registrations
for non-traditional marks: smell, sound and
taste – so long as an applicant can visually
represent the product’s mark in writing.
While not compulsory, there are advantages
to registrating a trademark. A registered
trademark owner can get exclusive legal rights
to use, sell, or license their trademark and can
stop others from using their trademark without
their permission.
Protection of a trademark begins on the date on
which the application for its registration is led
and it is initially protected for 10 years. This may
be renewed for another 10 years subject to the
payment of a renewal fee.
A trademark registered with BruIPO is only
protected in Brunei. However, local applicants
may le an international application via The
Madrid System Protocol.
Plant Varieties
A plant variety protection is a right granted
to give the breeder exclusive control over the
propagating material and harvested material of
a new variety of plants for a number of years. The
protection system provides an incentive for private