Compulsory licensing is provided under section 55.

Section 55 of the Patents Order sets out the grounds upon which compulsory licensing might be granted. "Section 55(2) The grounds upon which a licence may be granted under this section are that the market in Brunei Darussalam for the patented invention is not being supplied: (a) due to the failure to work or, to work to a sufficient extent, the patented invention; or (b) on reasonable terms, by the proprietor of the patent."

Please refer to response to question 38 from the European Communities and their member States.

Please refer to responses to questions 20 and 21 from the United States.

The provision for protection of undisclosed information or test data regarding pharmaceutical and agricultural products which is submitted to the Government in Brunei Darussalam could be protected under the common law. The new Medicines Act is in its drafting stage and not finalized yet. The provision will provide the licensing authority during the protected period in relation to the confidential information to take reasonable steps to ensure that the confidential information is kept confidential and will not use it for the purposes of determining whether to grant any other application. "Confidential information" includes: (a) trade secrets; and (b) information that has commercial value that would be, or would be likely to be, diminished by disclosure.

Please refer to response to question 5 of the Checklist of Issues on Enforcement.

New initiatives include training for customs officers on procedures for handling counterfeit goods and prosecutors on conducting prosecutions, etc.

The Code of Intellectual Property Act No. 52 of 1979, as amended by Acts Nos. 30 of 1980, 2 of 1983, 17 of 1990, 13 of 1997 and 40 of 2000, have made provisions for granting or registering the rights within a reasonable period of time so as to avoid unwarranted curtailment of the period of protection (Sections 106 and 107). The registration process of a mark involves activities such as examination of the application with regard to formal requirements, examination of the mark with regard to its admissibility under the law, publication of the mark and opposition enquiries (Sections 106 and 107). The date of application for registration is considered to be the date of registration, if the mark is registered (Section 114). It may take on average 9 to 12 months to register a trademark.

Patents are granted for inventions relating to products and processes in all fields of technology (Sections 59 and 60). There are exceptions: (a) discoveries, scientific theories and mathematical methods; (b) plant or animal varieties or essentially biological processes for the production of plants or animals, other than micro-biological processes and the products of such processes; (c) schemes, rules or methods for doing business, performing purely mental acts or playing games; (d) methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body; Provided, however, that this paragraph shall not apply to the products used in any such methods (Section 59(3)). These exceptions fully comply with Article 27.3 of the TRIPS Agreement. Under the proposed law, the following are also not patentable: (a) An invention which is useful in the utilisation of special nuclear material or atomic energy in an atomic weapon; (b) Any invention, the prevention within Sri Lanka of the commercial exploitation of which is necessary to protect the public order or morality, including the protection of human, animal or plant life or health or the avoidance of serious prejudice to the environment. These exceptions also comply with Article 27.2 of the TRIPS Agreement.

The Sri Lankan law does not provide for compulsory licences and therefore this question does not arise. The owner of a patent has the exclusive right, inter alia, to exploit the patented invention. The phrase "exploitation" means any of the following acts in relation to a patent: (a) when the patent has been granted in respect of a product: (i) making, importing, offering for sale, selling and using the product; (ii) stocking such product for the purpose of offering for sale, selling or using; (b) when the patent has been granted in respect of a process: (i) using the process; (ii) doing any of the acts referred to in paragraph (a) in respect of a product obtained directly by means of the process (Section 81).

Sri Lankan law does not provide for compulsory licences.

As the law stands today, the term of protection of a patent is 15 years after the date of grant (Section 80). Under the proposed law, a patent is protected for a term of 20 years after the date of application for its registration.

Under the proposed law, the required provisions have been made (Clause 17, Section 81(A)).

Under the proposed law, the required safeguards are offered under the law of unfair competition. The proposed Section 142(6)(d) provides as follows: "Any act or practice, in the course of industrial or commercial activities, shall be considered an act of unfair competition if it consists or results in: (i) an unfair commercial use of secret test or other data, the origination of which involves considerable effort and which have been submitted to a competent authority for the purposes of obtaining approval of the marketing of pharmaceutical or agricultural or chemical products which utilise new chemical entities; or (ii) the disclosure of such data, except where necessary to protect the public, or unless steps have been taken to ensure that the data is protected against unfair commercial use." Thus such tests and data will be protected against unfair commercial use and disclosure as required by Article 39.3 of the TRIPS Agreement. The law of unfair competition, which includes the protection of undisclosed information, does not establish time limits for the protection of such information. These provisions will meet the two specific obligations established under Article 39.3 of the TRIPS Agreement, namely: (a) to protect such data against unfair commercial use; and (b) to protect such data against disclosure. The TRIPS Agreement does not impose any obligation to prevent anybody from obtaining market approval for products identical or similar to those already approved. Nor does it create any obligation to grant any period of exclusivity in favour of a previous applicant for marketing approval. The competent authority may grant marketing approval to any applicant for his own version of a previously approved pharmaceutical or agricultural chemical product provided he complies with the relevant legal provisions. All applicants will be treated equally. The competent authority may use, in his internal approval process, the information available to him regardless of its origin. Such use of information does not constitute an act of commercial use or disclosure. The subsequent applicants will not have access to the data submitted by the first or previous applicants. Such data will not be disclosed to the subsequent applicants.

Yes.

Criminal sanctions The infringement of any of the rights protected under the law is an offence. The offender can be punished on conviction with an imprisonment for a period not exceeding six months and a fine not exceeding Rs.20,000/- or both. In the case of second or subsequent conviction the punishment can be doubled (Sections 144-156). Civil remedies Upon the establishment of actual or imminent infringement of any of the protected rights, the Courts are empowered to: (a) grant injunctions; (b) award damages; and (c) grant any other just and appropriate remedies (Section 179). Border measures The importation of any good in violation of rights relating to trademarks and trade names is prohibited (Section 166).

Criminal sanctions (a) The punishment has been enhanced under the proposed law by increasing the fine from Rs.20,000/- to Rs.500,000/-. (b) Under the proposed law, certain new offences have been introduced. For example, a person who has in his possession any infringing copy of any copyright work for purposes of trade commits a punishable offence (Clause 32, Section 144). (c) The provisions of the Code of Criminal Procedure Act will be made applicable to offences relating to the infringement of intellectual property making particularly the investigation process more efficient and effective. Civil remedies The proposed law has introduced several new measures to ensure effective enforcement of intellectual property rights. For example, the plaintiff may claim, instead of actual damages, an award of statutory damages (Section 179). The Special Court set up for civil litigation in intellectual property will be established in all Provinces of Sri Lanka for the purpose of cost effective and time saving litigation. Border measures A set of comprehensive provisions has been proposed with regard to broader measures in line with the TRIPS Agreement (Clause 43, Sections 166 and 166A).

The intellectual property legislation of Brunei Darussalam does not discriminate between nationals of Brunei Darussalam and nationals of other WTO member countries.

Copyright and related rights as provided under Articles 1-21 of the Berne Convention are protected in Brunei Darussalam under the Copyright Order, 1999 as follows: Berne Convention Copyright Order, 1999 Article 1 None Article 2 'literary works' are defined in the first Schedule to include maps, plans, table and compilations and elsewhere in the Order to be construed under subsection (1) of section 5 'artistic works' are defined in the First Schedule to include works of painting, drawing, sculpture and artistic craftsmanship, and architectural works of art, and engravings and photographs and elsewhere in the Order to be construed in accordance with section 6 fixation: section 5(2) provides that 'copyright does not subsist in a literary, dramatic or musical work unless and until it has been recorded, in writing or otherwise (derivative works) official texts: see Chapter X, sections 167, 168, 169, 170, 171 collections: see obligation to protect; beneficiaries of protection: see section 166 and section; see section 93 works of applied art and industrial designs news: Article 2bis Limitation of protection of certain works: certain speeches: N/A certain uses of lectures and addresses: N/A collections of such works: N/A Article 3 criteria of eligibility for protection: see Chapter IX, sections 162, 163, 164, 165 and 166 Article 4 criteria for eligibility for protection of cinematographic works: same as above Article 5 Rights guaranteed: outside the country of origin: see sections 164 and 166 in the country of origin: see section 164(1)(a) 'country of origin': section 163 Article 6 Restriction of Protection of certain works of national of countries outside the Union: in the country of first publication and other countries: no retroactivity: notice: Article 7 Term of Protection: generally: see section 14(1) cinematographic works: see section 14(2) anonymous and pseudonymous works: see section 14(2) photographic work and applied art: section 14(1) starting date: section 14(1) longer terms: N/A shorter terms: N/A applicable law: Article 7bis term of protection of works of joint ownership: see section 14(4) Article 8 right of translation: see section 18(1)(e) and section 23 Article 9: right of reproduction: generally: see article 18(1)(a) possible exceptions: see Chapter III sound and visual recordings: Article 10 Certain free uses of works: quotations: illustrations for teaching: see sections 36, 37, 38, 39 and 40 indication of source and author: moral rights chapter iv Article 10bis Further possible free uses of works Of certain articles and broadcast works: section 62 Works seen or heard in connection with current events: sections 2 & 13 of the 2nd Schedule Article 11 Certain rights in dramatic and musical works Right of public performance: sections 18(1)(c) & 21 In respect of translations: sections 18(1)(e) & 23 Article 11bis Broadcasting and Related Rights Broadcasting and other wireless communications etc: sections 8, 18 & 22 Compulsory licences: section 138 read with section 122 Recording; ephemeral recordings: Article 11ter Certain rights in literary works: Right of public recitation and communication to the public: section 18 In respect of translations: sections 18 & 23 Article 12 Right of adaptation, arrangement and other alteration: sections 18 & 23 Article 13 Possible limitation of the right of recording of musical works and any words pertaining thereto: Compulsory licences: section 158 read with section 122 Transitory measures: Seizure on importation of infringing copies: sections 113 & 200 Article 14 Cinematographic and related rights: Adaptation and reproduction, etc: sections18 & 23 Adaptation of cinematographic productions: section 18 & 23 Article 14bis Special provisions concerning cinematographic works: Assimilation to original works: sections 3 & 4, Chapter II Ownership, limitation of certain rights of certain contributors: section 11 Certain other contributors: Article 14ter 'Droit de suite' Subject to the terms of the assignment or licence granted by the author. Article 15 Right to enforce protected rights Article 16 Infringing copies: Seizure: section 102 Seizure on importation:102 Article 17 Possibility of control of circulation etc: N/A Article 18 Works existing on Convention's entry into force: Sections 4-8 of the 1st Schedule Article 19 Protection greater than resulting from the Convention: N/A Article 20 Special agreements among countries of the Union: N/A Article 21 Special provisions regarding developing countries: N/A

Computer programmes and compilations of data are included in the definition of "literary works" under section 5(1) of the Copyright Order. As such they are afforded the same protection as "literary works" as provided under the Order.