Overview
Brunei’s budding IP laws make for a promising practice in intellectual property in one of Southeast Asia’s wealthiest states.
The country’s Patents Order 2011 came into force in January 2012 and is administered by the Brunei Economic Development Board (BEBD) through the Brunei Darussalam Intellectual Property Office (BruIPO). The Patent Rules were implemented in the same year.
Brunei’s Patent Order 2011 replaces the previous re-registration system of Singapore, Malaysia, the UK and EP (designating UK) patents and establishes an independent patent system. These developments provided the grounds for the country’s recent accession to the Patent Cooperation Treaty (PCT), which came into force in Brunei on 24 July 2012. The treaty entitles Brunei nationals to file international applications under the PCT system.
Trademark registration is likewise managed by BruIPO. The Trademark Rules (Subsidiary Legislation) were first revised in 1984 and published in the Laws of Brunei, Revised Edition 1984. It was again revised and republished under S 27/2000 in the Laws of Brunei, Revised Edition 2000.
Growth of Brunei’s IP landscape
In 2016, to launch itself firmly onto the international IP map, Brunei agreed to accede to the Madrid Protocol for the International Registration of Marks. The Protocol entered into force on January 6, 2017, and Brunei became the 98th member of the Madrid System.
Legal Basis | Laws of Brunei (1984 Ed. Cap. 72)
Emergency (Patents) Order 1999 Patents Order, 2011 |
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Major international and regional treaties signed |
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Costs of obtaining a patent | Please contact us at brunei@mirandah.com |
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Average time to obtain a patent | 12 months from PCT national phase entry 42 – 60 months from priority date for Paris C |
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Official language for patent prosecution | English | |||||||||||||||
Non-patentable subject matter |
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Grace period for prior disclosure or sale | 12 months | |||||||||||||||
Major prosecution events |
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Filing and prosecution procedures | Stage 1: Filing Stage 2: Formality Examination Stage 3: Publication Stage 4: Substantive Examination Stage 5: Grant Stage 6: Renewal/ Annuity |
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Extension of office action deadlines | Non-extendible | |||||||||||||||
Necessary document for filing | English Specification
Declaration of Authorization |
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Pharmaceutical Data Exclusivity Laws | Not available | |||||||||||||||
Search and Examination | Local examination of patents is not compulsory. Search and examination reports established in other countries or during PCT international phase can be relied upon for the purpose of patent grant in Brunei | |||||||||||||||
Opposition term | Not available | |||||||||||||||
Term of patent protection | 20 years | |||||||||||||||
Patent term extension | Available | |||||||||||||||
Restoration of lapsed patent | 30 months from the date of lapse | |||||||||||||||
Parallel Imports | Available | |||||||||||||||
Other forms of patents (e.g. Petty/innovation patents) | Not available | |||||||||||||||
Useful links | Brunei Intellectual Property Office (BruIPO) |
Legal Basis | Trademarks (Revised edition 2000) (2000)
Emblems and Names (Prevention of Improper Use) (1968) Merchandise Marks (1953) Trademark (Importation of Infringing Goods) Regulations (Revised Edition 2000) (2000) Trademark Rules (Revised Edition 2000) (2000) |
Major international treaties signed |
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Costs of obtaining a trademark | Please contact us at brunei@mirandah.com |
Average time to obtain a trademark | Between 12 – 18 months |
Official language for trademark prosecution | English |
Registrable marks | Any visually perceptible sign capable of being represented graphically and which is capable of distinguishing goods or services of one undertaking from those of other undertakings.
Words (including personal names), designs, letters, numerals or the shape of goods or their packaging. Also includes collective marks and certification marks. |
Filing and prosecution procedures | Stage 1: Filing Stage 2: Examination Stage 3: Advertisement Stage 4: Opposition Stage 5: Registration |
Number of classes | 1-42 (7th edition Nice Classification) |
Multiple class filing | Available |
Filing of series marks | Available |
Necessary document for filing | None |
Electronic Filing | If the trademark is in non-English words or in foreign characters, a certified copy of its translation is necessary. |
Common objections |
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Extension of office action deadlines | Yes, subject to the discretion of the Registrar |
Opposition term | 3 months from the date on which the application was published in the Official Gazette |
Term of trademark protection | 10 years from the date of registration (Grace period of 6 months from the date of expiry is permissible) |
Restoration of lapsed trade mark | Within 6 months from the date of the removal of the trademark from the Register |
Parallel Imports | Yes |
Minimum period of use to avoid non-use cancellation action | Within 5 years from the date of completion of the registration procedure. |
Useful links | www.mirandah.com
www.bruipo.com.bn |
Brunei's IP landscape?
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Email: brunei@mirandah.com