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Mirandah Asia provides the full range of IP services in Brunei, led from our offices in Singapore. Gladys Mirandah has been a member of the Bar in Brunei since 1994 and can directly undertake legal work in the nation.

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.

 

 

Legal Basis Laws of Brunei (1984 Ed. Cap. 72)

Emergency (Patents) Order 1999

Patents Order, 2011

Major international and regional treaties signed
  • Paris Convention effective 17 February 2012
  • Patent Cooperation Treaty (PCT) effective 24 July 2012
  • Budapest Treaty effective 24 July 2012
  • Agreement on Trade Related
  • Aspects of Intellectual Property Rights (TRIPS)
  • ASEAN Framework Agreement on Intellectual Property Cooperation
Costs of obtaining a patent Please contact us at brunei@mirandah.com
Average time to obtain a patent 12 months from PCT national phase entry
42 – 60 months from priority date for Paris C
Official language for patent prosecution English
Non-patentable subject matter
  • (a) Inventions that may encourage offensive, immoral or anti-social behavior
  • (b) Methods of treatment of the human or animal body
Grace period for prior disclosure or sale 12 months
Major prosecution events
Request for search : 13 months from the priority date
Request for Examination : 21 months from the priority date
National phase entry : 30 months from the priority date
Payment of grant fees : 42 months / 60 months
Renewals (after grant) : every year after expiration of 4th year
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
Extension of office action deadlines Non-extendible
Necessary document for filing English Specification

Declaration of Authorization

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)

The Brunei Economic Development Board (BEDB)

Patent Applications

Year Resident Non-Resident Total
2012 19 12 31
2013 22 11 33
2014 14 97 111
2015 9 121  130
Sep 2016 16 50  66

Source: 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
  • Paris Convention for the Protection of Industrial Property (February 17, 2012)
  • Convention Establishing the World Intellectual Property Organization (April 21, 1994)
  • Convention concerning the Protection of the World Cultural and Natural Heritage (November 12, 2011)
  • Convention for the Safeguarding of the Intangible Cultural Heritage (November 12, 2011)
  • Agreement establishing the World Trade Organization (WTO) (January 1, 1995)
  • World Trade Organization (WTO) – Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (January 1, 1995)
  • ASEAN Framework Agreement on Intellectual Property Cooperation
  • ASEAN Trade in Goods Agreement (May 17, 2010)
  • Trans – Pacific Strategic Economic Partnership Agreement (July 12, 2006)
  • Madrid Protocol for the International Registration of Marks
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
  • Lack of capacity to distinguish the goods/ services of one entity from those of others;
  • Mark is devoid of distinctive character and/or descriptive to the goods/services;
  • That the mark is contrary to public order or morality;
  • That the mark is likely to mislead the public as to, inter alia, geographical origin;
  • That the mark is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and/or other emblem;
  • Prior conflicting rights.
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

Trademark Applications

Year Resident Non-Resident Total
2001 28 730 758
2002 37 572 609
2003 41 777 818
2004 51 742 793
2005 56 790 846
2006 24 661 685
2007 52 808 860
2008 40 904 944
2009 35 614 649
2010 33 692 725
2011 19 838 857
2012 53 1,075 1122
2013 41 1,094 1135
2014 101 1,074 1175

Source: WIPO

Want to find out more about
Brunei's IP landscape?
Drop us a line or visit
our office.

mirandah asia (brunei) affiliate office
1 Coleman Street
#07 – 08 The Adelphi
Singapore 179803

Tel: +(65) 6336 9696
Fax: +(65) 6338 3739

Email: singapore@mirandah.com