| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
30. Please explain how your legislation protects patent right holders against the importing and against the offering for sale of a patented invention.
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Patent right holders can take infringement actions (under section 67 of the Patent Order, 1999) against the importing and against the offering for sale of patented invention.
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13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
31. Please state if your legislation provides for patent product protection of pharmaceutical and agricultural chemical products. In the affirmative, please indicate the legal reference.
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If the pharmaceutical and agricultural products in question are products of inventions which are patentable under section 13, they are protected under section 49.
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13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
32. Please clarify if the patent protection of a process, as provided for in your legislation, covers the product obtained directly by that process.
|
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
33. Please explain the additional conditions, if any, in your legislation other than the sufficient disclosure of the invention in Article 29 of the TRIPS Agreement (e.g. submission of justification for access to genetic material or prior inform consent to its use). If such additional conditions exist, please point out the relevant legislation and describe the additional conditions in detail.
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|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
34. Please describe if your legislation provides for limited exceptions to the exclusive rights conferred by a patent. If affirmative, please make a reference to relevant legislation.
|
Please refer to response to question 25.
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13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
35. Please explain whether or not your legislation provides for compulsory licensing. If so, please explain in detail the conditions under which a compulsory licence may be granted. In particular, please explain how your national legislation considers individual merits in the authorization of such use.
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Section 55 provides that any person interested may apply to the court for the grant of a licence upon the following grounds:
(a) the market in Brunei Darussalam for the patented invention is not being supplied due to the failure of to work or to work to sufficient extent, the patented invention, or
(b) the patented invention is not being supplied on reasonable terms by the proprietor of the patent.
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
36. Please explain how your legislation explicitly ensures that a proposed user has made efforts to obtain authorization from the right holders on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. In this context, how do you define "reasonable period of time". Please also explain how your legislation ensures that the use of a compulsory licence shall be authorised predominantly for the supply to the domestic market of the Member authorizing such use.
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Section 55(7)(a) states that no licence shall be granted unless it is established that within a reasonable period of time, the proposed user has been unable after reasonable efforts to obtain a licence on reasonable terms and conditions.
"Reasonable period of time" would be subject to the interpretation of the court.
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13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
37. Please state if your legislation grants additional protection for innovations after the 20 years of patent protection has lapsed.
|
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to process patents.
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Section 68 is the relevant provision for reversal of burden of proof in relation to process patents. The burden of proof shall lie on the alleged infringer.
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13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
39. Please describe how your legislation protects topographies.
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The Layout Designs Order, 1999 provides for the protection of layout designs of integrated circuits which are original. Please refer to section 6 for the meaning of "original".
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13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
40. Please explain what protection your national legislation grants to right holders against the unlawful importation, sale or distribution for commercial purposes of topographies including integrated circuits or other articles in which a topography is incorporated in accordance with Article 36 of the TRIPS Agreement.
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Right holders can take infringement action against unlawful importation, sale or distribution for commercial purpose of topography. Please refer to section 13 of the Order.
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
41. Please explain how your legislation provides for the derogation from Article 36 as specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography.
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Please refer to section 14 of the Order.
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
42. Please state the term of protection granted by your legislation to topographies.
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Please refer to section 2.
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
43. Please explain whether or not your legislation grants a defined period of time for the protection of undisclosed information. If so, please give the time span.
|
Because there are no legislative provisions specifically for the protection of undisclosed information, there is no defined period of time for its protection.
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
44. Please explain how your legislation defines "undisclosed information".
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The definition is subject to common law.
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
45. Please explain how your legislation defines data submitted to governments or governmental agencies.
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There is no definition for data which is submitted to the Government or Governmental agencies.
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
46. Please describe how your legislation provides for effective action against infringement of intellectual property rights.
|
Please refer to response to question 5 of the Checklist of Issues on Enforcement.
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial bodies of final administrative decisions.
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|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
48. Please describe how your legislation authorises judges to order production of evidence by the opposing party. Please give precise information on what measures are taken to ensure the protection of confidential information.
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Please refer to responses to questions 3 and 4 of the Checklist of Issues on Enforcement.2
|
13/10/2003 |
|
| IP/Q/BRN/1, IP/Q2/BRN/1, IP/Q3/BRN/1, IP/Q4/BRN/1 |
Brunei Darussalam |
Unión Europea |
49. Please quote provisions of your legislation that authorise judges to order a defendant to desist from an infringement.
|
• Trademarks Act – section 16(2)
• Patent Order – section 67(1)(a)
• Industrial Designs Order – section 48(1)
• Layout Designs Order – section 24
• Copyright Order – section 99(2)
|
13/10/2003 |
|
