Industrial Designs Law in Brunei
Here’s an overview of Industrial Designs Law in Brunei:
Industrial Designs Law in Brunei
Legal Framework
Industrial design protection in Brunei is governed by the Industrial Designs Order, 2001.
Brunei is a member of international intellectual property treaties, including:
Paris Convention for the Protection of Industrial Property
TRIPS Agreement
Brunei is not currently a member of the Hague Agreement on the International Registration of Industrial Designs.
Competent Authority
The Registrar of Intellectual Property under the Intellectual Property Office of Brunei Darussalam (IPOBD) administers the registration and protection of industrial designs.
Key Features:
Definition of Industrial Design
An industrial design refers to the features of shape, configuration, pattern, or ornament applied to an article by any industrial process that appeal to and are judged solely by the eye.
Registration Process
Applications must be filed with the IPOBD and include representations of the design (drawings or photographs) and details about the article to which the design applies.
The Registrar examines the application for formalities and registrability, including novelty and originality.
If accepted, the design is registered and published in the Official Gazette.
Duration and Renewal
Initial protection is granted for 5 years from the date of filing.
The registration may be renewed for two consecutive periods of 5 years each, allowing for a maximum protection period of 15 years.
Rights Conferred
The owner has exclusive rights to prevent others from making, selling, importing, or using products bearing the protected design without consent.
The rights can be assigned or licensed.
Grounds for Refusal
Lack of novelty or originality.
Designs that are dictated solely by technical function (i.e., functional features not protectable).
Designs contrary to public order or morality.
Infringement and Enforcement
Industrial design infringement can be challenged in civil courts seeking injunctions, damages, and destruction of infringing goods.
Customs authorities may assist in stopping imports of infringing products.
International Protection
Brunei recognizes priority rights under the Paris Convention.
However, it does not currently participate in the Hague System for international design registration.
Summary
Brunei offers industrial design protection through registration with the IPOBD, granting exclusive rights for up to 15 years. The system aligns with international standards and treaties, with enforcement options available through civil courts.
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