Brunei Darussalam boasts a robust and well-structured intellectual property framework, fostering innovation, creativity, and the protection of intangible assets. With a commitment to promoting and safeguarding intellectual endeavours, the Sultanate has established comprehensive legal mechanisms and regulatory frameworks.
The country’s intellectual property (IP) system encompasses patents, trademarks, copyrights, and industrial designs, providing a conducive environment for creators, inventors, and businesses to secure and capitalise on their innovations.
The registration processes for patents, trademarks, industrial designs and plant varieties protection is managed by the Brunei Intellectual Property Office (BruIPO). The office was established in 2013 to restructure the national IP administration.
In addition to overseeing the national IP system development, BruIPO also endeavours to cultivate an ‘IP Culture,’ fostering an environment where creativity and innovation can thrive.
In Brunei, the application system functions under a “first-to-file” approach. The individual who submits the initial patent application gains precedence over others seeking protection for the same invention.
A notable characteristic of the patent system lies in its “self-assessing” nature, providing applicants the autonomy to determine the timing and course of action for their patent applications.
Moreover, the patent system operates on a “formality-based” framework, delegating substantive examination responsibilities to foreign patent offices in Austria, Denmark, and Hungary. This outsourcing arrangement streamlines the process and ensures adherence to established formalities in the evaluation of patent applications.
Enacted in the year 2000, the Industrial Designs Order lays out provisions for registering novel industrial designs, encompassing the visual aspects of products. BruIPO oversees a registration system focused solely on formalities examination, omitting the conduct of prior art searches.
To be eligible for registration, industrial designs must meet certain criteria. They must be genuinely new, meaning they haven’t been registered, published, used, or sold in Brunei or elsewhere before the application’s registration date.
Additionally, the design must have undergone industrial application, implying its use in more than 50 distinct articles that, when combined, do not form a single article. This requirement excludes handmade articles.
Upon acceptance for registration, the industrial designs are publicised in the Industrial Designs Journal, and the applicant receives a certificate of registration.
The initial registration period spans five years, with the option for two subsequent extensions, each lasting five years, resulting in a maximum registration duration of 15 years. This extension is contingent upon the payment of a renewal fee at the conclusion of the fifth year.
As per information provided on the BruIPO website, a trademark is defined as any discernible sign that can be graphically represented and has the ability to distinguish the goods or services of one business from those of others. Such signs can include words, personal names, designs, letters, numerals, or even the shape of goods or their packaging.
Since 2017, Brunei has been open to registrations for non-traditional marks such as smells, sounds, and tastes, as long as the applicant can visually depict the mark in writing.
While not mandatory, registering a trademark offers several advantages. A registered trademark grants the owner exclusive legal rights to use, sell, or license their trademark, enabling them to prevent others from using it without permission. The protection of a trademark commences on the date of filing the registration application and lasts initially for 10 years. This protection can be renewed indefinitely, contingent upon the payment of a renewal fee.
Traditionally, trademark protection in Brunei was confined to its territory. However, in 2016, Brunei became a part of the Madrid System for international trademark registration. This system permits local applicants to safeguard their trademarks abroad, subject to a specified fee.
The plant varieties protection system serves as an incentive for private investment in research and development of innovative breeding techniques. It fosters the creation of new and advantageous plant varieties for use in agriculture, horticulture, and forestry, contributing to societal progress. Besides prohibiting unauthorised use of the variety, the protection grants plant breeders an exclusive right to produce and sell propagating material of the plant variety.
A plant variety is eligible for protection for up to 25 years, contingent upon the payment of annual renewal fees. To qualify for protection in Brunei, a plant variety must meet four criteria.
Firstly, it must be novel, having not been sold or disposed of without the breeder’s consent. Secondly, the variety must be distinct, clearly distinguishable from any other variety known at the time of application.
The third condition is uniformity in relevant characteristics, and lastly, stability – ensuring these characteristics remain unchanged after repeated propagation.
Under the Plant Varieties Protection Order, 2015, all plant genera and species are eligible for protection. However, since protection is territorial, a plant variety registered with BruIPO is only safeguarded within Brunei.
To extend protection to other jurisdictions, applicants must directly file with the foreign IP office in the intended jurisdiction for their plant variety.
In March 2023, the BruIPO and Universiti Brunei Darussalam (UBD) formalised a memorandum of understanding (MoU), establishing a broad framework to facilitate collaboration and cooperation between the two entities. The primary objective is to initiate a working relationship across various areas of shared interest.
UBD, in particular, is actively working towards the official establishment of a comprehensive UBD Technology and Innovation Support Centre (UBD-TISC). This centre will cater to matters related to research, innovation, and locally-based, high-quality technology information services at the university.
The endeavour is undertaken with the support of both BruIPO and the World Intellectual Property Office (WIPO).
The collaboration extends to various domains, including professional development in IP and entrepreneurship education, among other areas of mutual interest. The formal signing of the MoU took place between the Office of Assistant Vice-Chancellor (Innovation and Enterprise) (OAVCIE) at UBD and BruIPO.
In October 2023, representatives from the Japan External Trade Organization (JETRO) conducted training sessions for officers at BruIPO on patents and trademarks. The trainees included individuals from BruIPO, Universiti Brunei Darussalam (UBD), Universiti Islam Sultan Sharif Ali (UNISSA), and the Entrepreneurship Innovation Center (EIC) of the Ministry of Education.
This training initiative was a collaborative effort supported by the Economic Research Institute for ASEAN and East Asia (ERIA), stemming from discussions on bilateral cooperation between BruIPO and the Japan Patent Office (JPO) in May. The proposal included the idea of Japanese lecturers travelling to Brunei to provide training on IP.
The lecture sessions covered various aspects, including patent examination procedures, patent requirements, practical drafting using case studies, and understanding how to review examination results from other IP offices.
To enhance comprehension of the technical content, staff members from UBD, UNISSA, and EIC were invited to assist BruIPO officers. The long-term goal is to equip knowledgeable officers to potentially serve as supporting staff or examiners in the future.
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