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General
This tiny oil-rich Islamic sultanate lies on the northwest coast of Borneo
bordered by the South China Sea. Despite the ostentatious modern public
buildings in the capital, most of the country remains undeveloped and
untouched by the outside world
With a per-capita income of 15,000 euro, Brunei is in the world's top
league. The country has no external debt and its income from oil and gas
revenues is further boosted by the interest earned on its substantial
foreign exchange reserves.
Economy
Oil and gas production dominates the economy. In 2001 production of crude
oil stood at 247,000 b/d and of natural gas at 10.35 billion cu.m., 90%
of which is exported to Japan. Thanks to recently explored deep-sea deposits,
production at the current level looks set to continue for another generation.
It is planned to combine exploitation of these new oilfields with the
development of a downstream petrochemical industry.
Other employment- or income-generating industries are non-existent. Agriculture,
forestry and deep-sea fisheries play no significant role and continue
to decline. To ensure meat supplies, Brunei runs a cattle farm in Australia
that is twice its own size. The staple food rice is 99% imported, as are
95% of all consumer goods. Small trades and services are activities generally
left to foreign workers, who constitute some 40% of the population, mostly
from the Philippines, Thailand, Indonesia, Bangladesh and Pakistan. Brunei
citizens prefer jobs in the public sector, which employs 50% of the workforce.
A trade union exists only in the oil industry.
Under the 8th development plan (2001-2006), state enterprises in the following
sectors are to be restructured with a view to subsequent privatization:
power generation, posts, motor vehicle inspection, road construction and
maintenance, technical services (Technical Services Department), waste-water
management, water supplies, airport operation, government printing press,
port operation, IT service centres. However, the restructuring of the
telecom authority (JTB) announced on 1 June 2002 and to be realized by
April 2003 indicates that what is planned is the establishment of a self-financing
company rather than privatization with foreign participation.
A. Patent Law in
1. Introduction
A patent owner must have his patent registered in certain countries before he can get protection in Brunei. These countries are United Kingdom / Europe or Singapore or Malaysia. Brunei therefore re-registers the grant made in any of these countries so that the patent owner has the same protection as given in the home grant country.
The patent owner must apply to re-register his grant in Brunei within 3 years of the date of grant in the home country (either United Kingdom / Europe or Singapore or Malaysia).
The current law governing re-registrations of patents in Brunei is the Inventions Act. Brunei has enacted a Patents Order but it is not yet in force. With the new statute, Brunei will have its own independent system of registering patents.
2. Filing
Requirements
In order to file for patent re-registration in Brunei, one has to submit an application to register. It is supported with a power of attorney appointing a local agent and the certified grant together with drawings and specifications.
3. Examination
There is no formal examination done by the Registrar as the procedure is almost an automatic registration as long as the 3 year period is observed and all relevant supporting documents are submitted.
4. Duration / Renewal
The owner of the re-registered patent shall enjoy corresponding rights given in the country where the patent was originally registered.
5. Recording
of Licences and Assignments
Although the Inventions Act does not provide sufficiently for recordal of licences and assignments, the practice here is to accept such recordals. Presumably, the same rights given in the home country shall apply.
6. Fees
There is a registration fee of B$250.00 payable to the Registrar of Patents.
There is no renewal fees charged. The validity of the patent corresponds with its validity under the original grant.
The power of attorney to appoint a local agent to do the application has to be stamped B$10.00 and then registered with the Registry of Powers of Attorney before submission to the Registry of Patents.
7. Member of Treaties
Brunei is a member of the Paris Convention and also member of the WTO.
B.TRADE MARK LAW
1. Filing
Requirements
To register a trade mark in Brunei, the applicant has to submit an application to the office of the Registrar of Trade Marks in Brunei. The following information is required:-
(i) the applicant’s name and address (the country of incorporation);
(ii) the class of goods or services;
(iii) the representation of the trade mark;
(iv) the local address for service;
(v) the details of priority claim, if any.
No power of attorney shall be required.
2. International Classification
Brunei uses the Nice International Classification of Goods and Services, seventh edition (only 42 classes).
3. Special Requirements
- English transliteration and/or translation has to be provided for any part of the mark which is not in English;
- the applicant must have a local address.
4. Examination
The current average first response of the Registrar is 2 to 3 months. Once accepted, the mark shall proceed to publication in the government gazette for opposition purposes. There will be another period of 9 to 12 months for this entire process..
5. Duration / Renewal
The maximum duration for a trademark in Brunei is generally 10 years. If an owner of a registered trademark wants to renew his rights he has to pay renewal fees and file his application 3 months before expiry date. Evidence of use is not compulsory.
6. Recording of Licences and Assignments
In Brunei each granted licence will be recorded, if the applicant applies for it which is recommended.
In contrary to the aforesaid, the recording of assignments is compulsory. Therefore one may submit the application for recordal in the prescribed form.
7. Fees
Upon application, a fee of B$150.00 is charged and upon registration another B$125.00 is charged by the Registrar of Trade Marks.
If a local agent is used, professional fees of the local agent is also payable for its services.
8. Member of Treaties
Brunei is a member of the Paris Convention and a member of WTO.
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