Please refer to section 20 of the Copyright Order.

Section 14 provides that copyright in a literary, dramatic, musical or artistic work will expire at the end of the period of 50 years from the end of the year in which the author dies.

Rights of performers are protected under Part II of the Copyright Order. Infringements of performers rights are provided under sections 182-187. The terms of protection as provided by section 195 is until the end of the period of 50 years from the end of the year in which the performance took place. Remedies for infringement are as provided under sections 198 and 199.

Producers of phonograms have the rights as "a person having recording rights". Please refer to the relevant sections in Part II of the Copyright Order. The rights of the producer would be subject to the terms of the exclusive recording contract between the performer and the "person having recording rights".

Section 4 of the Trademark Act (Cap. 98) defines "trademark" as visually perceptible sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertaking. A trademark may in particular consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.

Sections 38 to 42 of the Trademark Act as well as rules 13-25 of the Trademarks Rules lay down the procedure to be followed to register a trademark in Brunei Darussalam. Section 12 of the Trademark Act provides that the proprietor of a registered trademark has exclusive rights in the trademark which are infringed by use of the trademark in Brunei Darussalam without his consent.

Section 43(1) states that a trademark shall be registered for a period of 10 years from the date of registration.

Geographical indications are protected in Brunei Darussalam as certification or collective marks.

The higher level of protection afforded to wines and spirits under Article 23.2 of the TRIPS Agreement is not available in Brunei Darussalam as the sale of alcohol is prohibited.

Section 15 and rules 6-9 of the Industrial Designs Order, 1999 and the Industrial Designs Rules provide the procedure to be followed to obtain protection for industrial designs.

Textiles designs are protected under the Industrial Designs Order, following the procedure provided under rules 6-9 of the Industrial Designs Rules.

Section 13(1) of the Patents Order, 1999 states what is patentable invention in accordance to Article 27 of the TRIPS Agreement. Section 13(2) provides the exception which is in line with Article 27.2 of the TRIPS Agreement. Section 13(3) provides that "an invention the publication or exploitation of which would be generally expected to encourage offensive, immoral or anti-social behaviour is not a patentable invention". Section 114 provides for the requirement relating to samples of micro-organisms to be made available. There is no sui generis system for the protection of plant varieties, but they are considered to protectable under the Patents Order.

Sections 49 and 50 of the Patents Order confers the following rights to a patent holder: (a) where the subject matter of a patent is a product, to prevent third parties not having his consent from the acts of: making, using, offering for disposal, disposing of, or importing for the purpose that product or keeping it whether for disposal or otherwise; (b) where the subject matter of a patent is a process, the act of using the process, and the acts of using, offering for disposal, disposing of, or importing for these purpose at least the product obtained directly by that process or keeping such product whether for disposal or otherwise. A patent holder also has the right to prevent all third parties not having his consent from supplying or offering to supply in Brunei Darussalam a person other than a party entitled to work the patented invention, with any of the means, relating to an essential element of that invention, for putting the invention into effect, when the third party knows, or it is obvious in the circumstances to a reasonable person, that those means are suitable for putting, and are intended to put, the invention into affect in Brunei Darussalam. Section 41 states that rights to a patent may be transferred, created or granted.

Sections 58-65 allows use of patented inventions for services of Government departments and any person authorised in writing by the Government. The conditions under which such use can occur are when: (a) the sale or supply of anything for foreign defence purposes; (b) the supply of anything to avoid prejudice to the security or defence of Brunei Darussalam; and (c) the supply of anything to assist in the exercise of powers and the implementation of measures during a period of national emergency or other circumstance of extreme urgency, and limited to public non-commercial use.

Section 36(1) of the Patent Order provides that the term of protection of a patent is 20 years beginning with the date of filing the application for the patent. There is no provision for the extension of the term of protection under the Order.

Section 12 of the Layout Designs Order states the owner of the layout design right has during the protection period of the layout design, the exclusive rights: (a) to copy and to authorise the copying of that layout design in a material form; (b) to make an integrated circuit in accordance with that layout design or with a copy of that layout design; (c) to commercially exploit, and to authorise the commercial exploitation of the layout design in Brunei Darussalam. Section 13 states that layout design rights are infringed by any person who, during the protection period, without the licence of the owner, does or authorise another person to do anything under section 12 as above. Section 2 provides protection as the for the period beginning on the day on which it was made and ending: (a) if it was commercially exploited within 5 years after the year in which it was made, at the end of the 10th year after the year in which is was first commercially exploited; (b) in any other case at the end of the period of fifteen years after the yaer un which it was made.

Brunei Darussalam complies with Article 39.2 of the TRIPS Agreement by applying the common law. Under the common law, a civil action may be brought to protect undisclosed information against unauthorised disclosure and unfair commercial use.

At present there are no relevant provisions in which protection is provided for test data regarding pharmaceutical and agricultural chemical products submitted to the Government in order to obtain marketing approval in Brunei Darussalam. However, the Government is in the process of drafting a new Medicines Act, in which provisions on this will be incorporated.

Please see answer to question 21.

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