INTELLECTUAL PROPERTY RIGHTS IN BRUNEI

The Law of Trade Marks Act (Cap 98) and the Trade Mark Rule 2000, in force since 2000, are the primary laws governing the mechanism of trademark registration and protection in Brunei.
Brunei is a member of the Madrid Protocol.
For getting a trademark registered in Brunei, an application has to be filed with Brunei Intellectual Property Office (BruIPO), which administers the entire trademark registration process.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Brunei follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
Opposition period is three (03) months from the publication date of the application.
In Brunei, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.

Brunei is a member of the Paris Convention for the Protection of Industrial Property.
The Patents Order 2011 deals with the mechanism of patent protection in Brunei.
For seeking patent protection in Brunei, an application has to be filed with the BruIPO, which administers the entire process of patent grant.
In Brunei, an invention that is new, involves an inventive step, and has practical application, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Brunei, pre-grant opposition cannot be filed against a patent application.
Patents last for twenty (20) years in Brunei. The renewal fees are payable annually after the expiration of four (04) years for PCT/national patents.

The Industrial Designs Order, 1999 and Industrial Designs Rules of 2000 - govern and deal with the mechanism of registration of industrial designs in Brunei.
For getting an industrial design registered in Brunei, an application has to be filed with the BruIPO, which administers the entire process of registration.
The types of industrial design applications that can be filed in Brunei include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Brunei at the pre-grant stage.
An industrial design is protected for an initial period of five (05) years beginning from the filing date. The design can be renewed for a further period of ten (10) years.
An application for renewal must be filed six (06) months before the expiration date of the registration.
There is a grace period of six (06) months for the renewal of registered industrial design along with the payment of an additional fee.

Brunei is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Emergency (Copyright) Order, 1999 - is the basic legislation governing copyright protection in Brunei.
In Brunei, literary, dramatic, musical, or artistic works are protected for a period of fifty (50) years from creation.
Computer-generated works are protected for a period of fifty (50) years from creation.
Anonymous or pseudonymous works are protected for a period of fifty (50) years from creation.
Sound recordings and films are protected for fifty (50) years from the date of publication or creation (whichever date is later).