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INVESTMENT POTENTIAL
renewal fees. Additionally, a patent
granted by BruIPO is only protected
in Brunei. Applicants can seek
international patent protection by filing
an international patent via the Patent
Cooperation Treaty (PCT).
Industrial Designs
Order
An industrial design is the feature
of shape, configuration, 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 Designs Order 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
certificate of registration will be issued
to the applicant.
A registered industrial design is
protected for a period of five years
beginning from the filing date. It can
be renewed for a further period of 10
years, upon payment of a renewal fee,
which is payable every five years.
An industrial design registered with
BruIPO is only protected in Brunei.
Applicants who wish for their industrial
design to be protected worldwide may
file an international application via the
Hague System.
Trademarks
Trademark is a sign capable of
distinguishing the goods or services
produced or provided by one enterprise
from those of another enterprise. A
trademarkmay consist of words (including
personal names), designs, letters, numerals
and the shapeof goods or their packaging.
Since 2017, Brunei has been accepting
registrations for non-traditional marks
including smell, sound and taste – so long
as an applicant can visually represent the
product’smark inwriting.
While not compulsory, there are
advantages to the registration of 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 filed 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 file an international
application via The Madrid System
Protocol.
As of 2019, BruIPO has made its
trademark and design data available
to the TMview and DesignView search
tools. Over 46,000 trademarks and 190
designs were added to TMview and
DesignView respectively by BruIPO.
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
protectionsystemprovidesanincentive
for private research and development
into new breeding techniques. It also
encourages the development of new
and beneficial plant varieties for use by
farmers and consumers, advancing the
society’s development in agriculture,
horticulture and forestry.
In addition to preventing others from
using the variety without permission,
the protection allows plant breeders to