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Borneo Bulletin Yearbook 2023
gain an exclusive right to produce for
sale and sell propagating material of
the plant variety.
A plant variety is given a protection
term of up to 25 years, subject to the
payment of annual renewal fees. A
plant varietymust fulfil four conditions
to be eligible for protection in Brunei.
Firstly, the variety must be novel
(new) and thus has not been sold or
disposed of without the consent of
the breeder. Secondly, the variety
must be distinct, meaning that it
is clearly distinguishable from any
other variety whose existence is
a matter of common knowledge
at the time of the filing of the
application. The third condition is
that the variety must be uniform in
its relevant characteristics. Lastly,
the variety must be stable, meaning
that the relevant characteristics must
remain unchanged after repeated
propagation. All plant genera and
species are protectable under the
Plant Varieties Protection Order 2015.
A plant variety registered with BruIPO
is only protected in Brunei. Applicants
will need to file directly at the foreign
IP office of the jurisdiction where they
intend to protect their plant variety.
Copyright
Copyright is an exclusive right given
to the creator or author of works so
that only they can use and reproduce
what they have created for their own
purposes. Protection of copyright
is automatic thus there is no formal
procedure for registration in Brunei.
Furthermore, since Brunei is amember
of the World Trade Organization
(WTO) and the Berne Convention
for the Protection of Literary and
Artistic Works (Berne), works created
in Brunei can be protected in other
countries who are a member of WTO
and/or Berne.
The works covered by copyright
include 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 and so on.
IP cooperation and
development
Since the implementation of Brunei’s
indigenous patent system in 2012, the
Danish Patent and Trademark Office
(DKPTO) has been acting as BruIPO’s
examiner. On August 29, 2017, BruIPO
and DKPTO signed a memorandum
of understanding (MoU) on a referral
arrangement to conduct substantive
searching and examination of patents.
The MoU signified the continuation of
collaborative efforts between the two
offices in the area of patents for a
further five years.
BruIPO has also signed agreements
with the Japan Patent Office (JPO) to
enhance cooperation in the IP field.
On May 24, 2015, BruIPO signed a
memorandum of cooperation (MoC)
with JPO.
Within the ambit of the MoC,
JPO has supported BruIPO in
developing its capacity through the
training and dispatch of experts, as
well as through the compilation of
formality examination guidelines
for patents.
On August 28, 2017, BruIPO signed
an agreement with JPO to kick-start a
new patent examination cooperation
initiative called the Patent Prosecution
Highway Plus (PPH+). The PPH+ is
a patent examination cooperation
work-sharing initiative by JPO. It
aims to accelerate the examination
process for corresponding patent
applications from Japan and those
filed in participating IP offices.
OnMarch 27, 2018, anMoCwas signed
between the Korean Intellectual
Property Office (KIPO) and the heads
of ASEAN IP offices including BruIPO
to cooperate and work towards the
development of IP systems. The
agreement aims to meet the goals
of the ASEAN Economic Community
(AEC) by transforming ASEAN into
an innovative and competitive
region through the use of IP and
ensuring that the region remains an
active player in the international IP
community.
On March 11, 2019, an MoU was signed
between Brunei and Korea on the
Recognition of KIPO as an International
Searching Authority and International
Preliminary Examining Authority (ISA/
IPEA) under the Patent Cooperation
Treaty (PCT) for BruIPO.