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Brunei’s Intellectual Property Rights (IPR)

Update Date:2016-4-14 9:10:21 Source:Tannet (Malaysia) Sdn Bhd Views:783

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Trademarks can be registered with relative ease under the Brunei Trademarks Act. Once registered trademarks last ten years and are renewable for ten more years. Enforcement requires direct copyright holder action.

 

Brunei’s Intellectual Property Rights (IPR) law is consistent with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The law is complaint based. The right holder must appeal / take action with the government, which then begins enforcement actions. The Bruneian government has made concerted efforts to remove pirated music from stores and prosecuted a local business owner for infringing the Patents Order 2011.

 

Under the Emergency Order (Copyright) 1999, Section 204, anyone caught infringing copyright, selling, smuggling, or distributing goods, except for personal use and domestic purposes, is liable to be fined, imprisoned for a period not to exceed two years, or both. However, pirated and fake goods originating in neighboring countries are widely sold due to a perceived lack of right holder’s complaints. Music piracy has been significantly reduced, but movie and software entertainment piracy is still rampant.

 

Brunei Darussalam is a full member of the Paris Convention, the Berne Convention, the WTO-TRIPS and the World Intellectual Property Organization (WIPO). It has also signed the ASEAN Framework Agreement on Intellectual Property Cooperation.

 

In accordance with the 2011 Patents Order, the Brunei Government opened its Patent Registry Office on January 2, 2012. The office has already begun processing applications. The Order established a new Registry of Patents for receiving, processing and granting patents and facilitates the international filing of patents. As part of the ongoing restructuring of the Intellectual Property (IP) administrative system, the Patent Registry Office of the BEDB absorbed the Registry of Industrial Designs. BEDB also is responsible for establishing a National Intellectual Property Office responsible for the registration of patents, industrial designs, plant variety protection and trademarks.

 

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