Judges can order damages to the right holder to compensate the injury he suffered: • 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)

Please refer to response to question 50 above.

• Trademarks Act – section 18(1)(b) • Patent Order – 67(1)(B) • Industrial Designs Order – section 54(1) • Layout Designs Order – section 23(1)(c) & (d) • Copyright Order – sections 101 & 212

Under appropriate circumstances, judges are authorised to order a plaintiff to pay for a defendant's costs. Order 59, Rule 2 of the Rules of the Supreme Court provides that the Court shall have full power to determine by whom and to what extent the costs are to be paid unless otherwise expressly provided in any written law. In addition, Order 59, Rule 7 provides that where anything is done or omission is made improperly or unnecessarily by or on behalf of a party, the Court may direct that any costs to that party shall not be allowed to him and that any costs occasioned by such party's act or omission to other parties shall be paid by him to them.

An application can be made to the court for provisional measures such as injunctions under the common law.

The Royal Customs and Excise Department is the competent authority to receive the request from right holders to apply to suspend the release of counterfeit goods.

If the counterfeit goods have been seized by the competent authorities they cannot be exported.

Brunei Darussalam law does provide for a de minimis import exception.

Please refer to response to question 24 of the Checklist of Issues on Enforcement.

The law does not make any express provision with regard to the matters referred to in Article 8 of the TRIPS Agreement.

Section 7 of the present law protects all original literary, artistic and scientific works. The similar provisions are made in the proposed law under Section 7 in line with Article 9 of the TRIPS Agreement.

Computer programs are protected as literary works (Section 7). Collections of work are protected as derivative works (Section 8). Sections 7 and 8 of the proposed law makes provisions for the protection of computer programs as literary works and collection of works and databases respectively.

The proposed law makes the following provisions: 10(1)(d) - the public distribution of the original and each copy of the work by sale, rental or otherwise. (e) - rental of the original or a copy of a audio visual work, a work embodied in a sound recording, computer program, a database or a musical work in the form of notation, irrespective of the ownership of the original or copy concerned.

The proposed law provides for the following rights. Performers • The broadcasting or other communication to the public of his performance. • The fixation of his unfixed performance. • The reproduction of a fixation of his performance. Producers of sound recordings • Direct or indirect reproduction of the sound recording. • Importation of copies of the sound recording even where such imported copies were made with the authorization of the producer. • Adaptation or other transformation of the sound recording. • Rental of a copy of the sound recording irrespective of the ownership of the copy rented. Broadcasting Organisations. • The use by a physical person exclusively for his own personal purposes. • Using short excerpts for reporting current events to the extent justified by the purpose of providing current information. • Use solely for the purpose of face to face teaching activities or for scientific research. • Cases where, under copyright, a work can be used without the authorization of the author or other owner of copyright.

Copyright • Fair use. • Related rights. • The use by a physical person exclusively for his own personal purposes. • Using short excerpts for reporting current events to extend justified by the purpose of providing current information. • Use solely for the purpose of face to face teaching activities or for scientific research. • Cases where, under copyright, a work can be used without the authorization of author or other owner of copyright.

Copyright During the lifetime of the author and 50 years after his death. Related rights The performers' rights are protected from the moment in which the performance takes place until the end of the 50th calendar year following the year in which the performance takes place. Rights of the producers of sound recording are protected from the publication of sound recording until the end of the 50th calendar year following the year of publication or, if the sound recording has not been published, from the fixation of the sound recording until the end of the 50th calendar year following the year of fixation. The rights of the Broadcasting Organization are protected from the moment when the broadcasting takes place until the end of the 50th calendar year following the year in which broadcasts takes place.

The proposed law contains the following provision (Clause 56): "Amendment to Part II of the principal enactment shall be deemed for all purposes to have come into operation on the date on which the principal enactment came into operation provided that the term of protection had not expired under the principal enactment or under the legislation of the country of origin of such works, performances, sound recordings or broadcasts that are to be protected under an international treaty to which Sri Lanka is a party."

No.

The Code of Intellectual Property Act No. 52 of 1979 does not provide for rental rights but Section 10(1)(e) of the proposed law makes necessary provisions.

The Act No. 52 of 1979 does not make provisions relating to fixation but Section 18(2) of the proposed law makes necessary provisions.