COUNTRY: BRUNEI DARUSSALAM A. COPYRIGHT I) Introduction
PART IGeneral Overview of Items (A) – (F)COUNTRY: BRUNEI DARUSSALAMA.COPYRIGHTi)IntroductionThe Copyright Order of 1999 came into force on May 1, 2000. Prior to thisOrder, under existing Brunei Case laws, the UK Copyright Act 1911 providedthe relevant remedies.The Order provides that copyright is a property right in the followingdescriptions of work namely: original literary, dramatic, musical or artistic works;sound recordings, films, broadcasts or cable programs;typographical arrangement of published editions;Copyright protection is automatic, thus there is no formal procedure forregistration in Brunei Darussalam.ii)Arrangement of SectionsPart I - deals with subsistence, ownership and duration of copyright whichcover areas on rights of the copyright owner, acts permitted to copyright works,moral rights, dealing with rights in copyright works, remedies for infringement,copyright licensing, copyright tribunals and qualification for and extent ofcopyright protection.Part II - deals with rights in performances.Part III - deals with general provisions and offences.iii)Duration for ProtectionFor literary, artistic, dramatic and musical works: 50 years from the end of thecalendar year in which the author died.For sound recordings and films: 50 years from the year in which they weremade or released.For broadcast and cable programs: 50 years from the end of the year in whichthey were first broadcast or transmitted.30
For typographical arrangement: 25 years from the end of the calendar year inwhich the edition was published.iv)Acts of InfringementAn action for infringement is actionable by the copyright owner. The key issuein deciding whether infringement has occurred is whether a restricted act wascarried out in relation to the work or a substantial part of the work.The court will compare the claimant’s work with that of the defendant toascertain whether it is the same or substantially similar.In an attempt to inhibit the negative impact that illegal acts have upon copyrightowners, the law recognizes that it is not enough merely to provide remediesagainst those who copy or perform but also to provide owners with protectionagainst those who aid and abet the primary infringer.The two important differences between primary and secondary acts are:(a)Nature/extent of involvementPrimary infringement concerns those who are directly involved in thereproduction or performance of the copyrighted work. Secondaryinfringement concerns those who deal with infringing copies, facilitatesuch copying or facilitate a public performance.(b)The mental elementThe state of mind of the defendant is not formally taken into accountwhen deciding whether an act of primary infringement has occurred. Inthe case of secondary infringement, the liability is dependent on thedefendant knowing or having reason to believe that the activities inquestion are wrongful.v)Remedies and RightsIn addition to moral and performers’ rights, the remedies available to acopyright owner are as follows:(a)Civil remedies damages;an injunction;an account of profits;others available for infringement of other proprietary rights;delivery up - the court can subsequently orderforfeiture/destruction of the infringing goods;the31
(b)border enforcement measures – the Controller of Customs has theright to detain prohibited goods upon request from the copyrightowner;Criminal sanctionsThe Order provides criminal sanctions for offences such as:y making or dealing in infringing articlesy making illicit recordingsy false representation of authority to give consentThe penalty for such offences is a fine and/or imprisonment not exceeding twoyears or both depending on the nature of the offence committed.vi)B.Exceptions(a)Fair dealing – for purposes of research, private study, criticism or reviewand reporting current events.(b)Education - anything done for the purpose of examination, instruction,performance before an audience of teachers and pupils at an educationalestablishment, libraries and archives.(c)Computer programs making back-up – back-up copying is to be doneonly by an authorized person. An authorized person is a person having aright of use of the program, for example under license. The CopyrightOrder affords protection in computer programs and preparatory designmaterials for computer programs as literary works.(d)As provided under any written law.(e)For the purposes of proceedings of the Legislative Council or of judicialproceedings, a Royal Commission or of a statutory inquiry.INDUSTRIAL DESIGNSi)IntroductionThe Industrial Designs Order of 1999 and Industrial Designs Rules of 2000came into force on May 1, 2000. The Order provides as follows:Part I - Interpretation and Application ProvisionPart II - Registration of Industrial Designs32
Part III - Rights in Industrial DesignsPart IV - Use by the Government of Industrial DesignsPart V - Legal ProceedingsPart VI - Administrative and Miscellaneous ProvisionsPart VII - Rules and RegulationsPart VIII - Offencesii)Definition of Industrial DesignsThe Order defines industrial designs as features of shape, configuration, patternor ornament applied to an article by an industrial process, being features whichin the finished article appeal to and are judged visually, but does not include:(a)a method or principle of construction;(b)features of shape or configuration of an article which are dictated solely bythe function which the article has to perform; or(c)are dependent upon the appearance of another article of which the article isintended by the designer to form an integral part.An industrial design is applied industrially if it has been applied –iii)yto more than fifty articles which do not together constitute a single set ofarticles; oryto articles manufactured in lengths or pieces, not being hand-made articles.Requirement for RegistrationTo be registrable, an industrial design must be new at the date of filing of theapplication or the priority date (if applicable). An industrial design is new if ithas not been registered, published, used or sold in Brunei Darussalam orelsewhere before the date on which the application for registration was lodged.Any person who has filed an application for registration in a Paris Conventioncountry or a WTO member country has a right of priority for a period of sixmonths from the filing date of the first application.33
iv)Industrial Designs Excluded from Registration v)Works of sculpture (other than casts or models used or intended to be usedas models or patterns to be mass-produced by any industrial process);Wall plaques, medals and medallions;Printed matter primarily of literary or artistic character.Infringement of Industrial DesignsIndustrial designs MUST be registered before legal proceedings can becommenced.Remedies available to the registered owner are:(a)damages;(b)an injunction;(c)an account of profit;(d)others which are usually available in proceedings in respect ofinfringement of other proprietary rights;(e)delivery up - the court can order destruction or forfeiture and has thediscretion to consider other remedies to compensate the registered owner.Exception: The Court cannot award BOTH damages and an order for accountof profits.vi)Local Case LawKoninklijke Philips Electronics N. V. v Aifa Sdn (HCCS 117 of 2004)The defendant applied to strike out the plaintiff’s claim that the designs of thedefendant’s products were similar to those of the plaintiff.The defendant’s application was allowed for the following reasons:(a)That the plaintiff’s designs could not be regarded as new because of priordisclosure.(b)The UK Registered Designs Act of 1949 did not assist the plaintiff as thereis no implementing statute in Brunei Darussalam.34
(c)The designs of the plaintiff were inherently unregisterable as the articlesbearing the designs were not made and sold separately.(d)The plaintiff had wrongly compared the defendant’s articles with theplaintiff’s articles when the comparison should have been between thedefendant’s articles and the registered designs of the plaintiff.(e)The plaintiff had not pleaded subsistence of copyright in the designs andtitle to sue.(f)The conditions in the UK 1911 Copyright Act had not been satisfied.(g)Under the UK 1911 Act, it was not possible to have dual or overlappingcopyright and design protection.The plaintiff has since filed an appeal and as of today no hearing date has beenconfirmed.C.LAYOUT DESIGNSi)The Emergency (Layout designs) Order 1999 came into force onMay 1, 2000This Act seeks to provide for the protection of layout designs of integratedcircuits.The Order provides for the definition of an integrated circuit which means acircuit in its final or an intermediate form in which at least one of the elements isan active element and some of the materials or all of the interconnections areintegrally formed in or on a piece of material that is intended to perform anelectronic function.Layout designs means a 3-dimensional disposition, however expressed, of theelements, at least one of which is an active element, and of some or all of theinterconnections, of an integrated circuit and includes such a 3-D dispositionprepared for an integrated circuit intended for manufacture.ii)Remedies for Infringement(a)payment of damages(b)an account of profits(c)delivery up35
(d)iii)D.Any article delivered up be forfeited to the lawful owner, destroyed ordisposed ofNo act of InfringementyIf it is copied solely for private useyFor research and teaching purposesyUse by the Government for defense security provided that the Governmenthas informed the owner and the owner is paid by the governmentTHE MERCHANDISE MARKS ACT OF 1953The Act defines merchandise as any article which is the object of commerce which maybe brought or sold in trade.Both the Trade Marks Act (Cap 98) and Copyright Order make reference to this Act.In general, this Act deals with the prosecution of an offence for using a false trademarkor false property mark, counterfeit trademark or property mark, making or possession ofany items which are used to counterfeit a trademark or property mark, importing orselling goods marked with a counterfeit trademark or property mark and tampering withor defacing a property mark.The Act also deals with the prosecution of false trade descriptions of goods. Dependingon the nature of the offence, the penalty imposed in this Act ranges from a fine and/orimprisonment of up to three years. The Court may direct the forfeiture of all goods inconnection with the offence that has been committed.E.TRADEMARKSi)IntroductionThe Trade Marks Act (Cap 98) and Trade Marks Rules came into force onJune 1, 2000. Prior to this Act, the law applicable on trademarks was the TradeMarks Act of 1953.The Act is arranged in five Parts:Part I deals with the registration of trademarks which includes grounds forrefusal of registration, the effects of registered marks, infringement proceedings,assignment, licensing, claims for priority, registration procedure, duration,36
renewal and alteration of the marks, surrender, revocation and invalidity,collective marks and certification marks.Part II deals with the protection of well-known marks, emblems, Article 6terand acts of agents or representatives.Part III deals with the registration, the powers and duties of the Registrar, legalproceedings and appeals, fees, business hours, publication, appointment oftrademark agents.Part IV deals with proceedings relating to importation of infringing goods,offences, and forfeiture of counterfeit goods.Part V deals with miscellaneous and general provisions.ii)Summary of the Trade Marks Act New kinds of signs are registerable, namely colors and shape. A less stringent test for registerability. The presumption of registerbility applies and the Registrar has no discretionto refuse registration if the requirements are met. Conflict on earlier trademarks is overcome by consent of the proprietor. Provisions for protection of well-known marks even though not registered. Disclaimers and limitations are not required but may be entered at therequest of the proprietor. Applicants may claim a right of priority for an application filed in a foreignParis Convention country. Marks are registerable for both goods and services up to class 42 and multiclass applications are allowed. Applications may be divided or merged after filing. No extension of time is allowed for filing of a notice of opposition andcounterstatement. Registration may be revoked for non-use and the onus is on the proprietor toshow use. Use must be on the actual goods or services for which the mark isregistered.37
iii) Licenses and assignments are recorded without substantive examination. There are no provisions for defensive marks but collective marks may beregistered. Geographical indications or GIs may be protected as certification marks. Registration is for a period of ten years and is renewable every ten years,thereafter subject to payment of a renewal fee.Infringement Proceedings (civil remedies)Infringement actions are available to the owner of the trademark. The remediesavailable are as follows: Civil remedies-damages;-an injunction;-an account of profits;-other remedies available in respect of infringement of any otherproprietary rights;-order for delivery up;-filing a request to the Controller of Customs to detain infringing goodswhere the owner of a trademark can subsequently apply for an Order ofCourt for forfeiture, destruction or otherwise.Criminal sanctionsThese are provided for under the Act which also refers to the provisions ofthe Merchandise Marks Act of 1953. The penalties include fines,imprisonment and forfeiture of counterfeit goods.iv)Local Case LawCanon Kabushiki Kaisha v Lee Unison Company (1993)The plaintiff’s action was for an injunction, an account of profits and passing offof Canon products. In this case, the court ordered the defendant to pay the sumof BND 750,000 to the plaintiff. There was also an order for destruction of thegoods.38
International Coffee & Tea LLC v the Coffee Bean & Tea Leaf Sdn Bhd(HCCS No 179 of 2000)The plaintiff’s action was for relief in damages for infringement of histrademark, passing off and an injunction.The plaintiff first used its mark in 1963, has now applied it in eight countriesand owns 120 restaurants and cafés throughout the U.S.A and worldwide.Through advertisement and promotion, it has established goodwill andreputation.One of the interesting issues that arose from this case was whether the wordsThe Coffee Bean & Tea Leaf are devoid of any distinctive character. Thequestion then becomes whether a trademark which is under attack wasrecognized by the public as being a trademark.It was decided that the plaintiff had ample evidence that, based on its goodwilland reputation, it is testimony to the fact that it is looked upon by the public as atrademark.The defendant’s business registration under the name “The Coffee Bean & TeaLeaf” was registered in Brunei on June 9, 1999 and subsequently incorporatedunder the Companies Act on February 7, 2000. The defendant maintains thatthe plaintiff has not raised any objections to the registrationThe plaintiff’s trademark application to register two of his marks in Brunei wasmade on November 16, 1999 and publication for opposition was made on March30 and April 29, 2000 when there was no opposition lodged.The plaintiff intended to open up the first “Coffee Bean & Tea Leaf” café inBrunei in July 2001 and less than 500m down the road the defendant operated arestaurant and café in the name of the “Coffee Bean & Tea Leaf Sdn Bhd”.Even though there was no evidence of actual confusion having been caused, inview of the locality and the close proximity in which the two businesses aresituated, the likelihood of confusion was real as both trade names give theimpression that they are one and the same business which in fact they are not.Thus the court granted the relief sought by the plaintiff.39
F.THE INVENTIONS ACT (CAP 72) OF 1925The Inventions Act is an Act providing for the grant of exclusive privileges in respect ofinventions. This is a re-registration system whereby any person who has obtained agrant of patent in the United Kingdom, Malaysia or Singapore or any person derivinghis right from such grantee by assignment, transmission or other operation of the lawmay apply to the Registrar within three years from the date of issue of such grant tohave it registered in Brunei Darussalam. Under the present system, a local inventor willhave to acquire patent rights in one of these countries before he can seek to have hisinvention protected in Brunei Darussalam.The certificate of registration issued by the Registrar confers on the applicant privilegesand rights similar in all respect to his rights under the United Kingdom, Singaporean orMalaysian patent laws. Such privileges and rights begin from the date of the grant inany of these countries and continue in force only as long as they remain in force in therespective countries.Action for InfringementAn action may be brought in the High Court by an inventor against any person who,during the continuance of an exclusive privilege granted by this Act without thepermission of the inventor, makes, uses, sells or puts into practice an invention orcounterfeits or imitates the same. In these circumstances, common law remedies suchas damages, an injunction and an account of profits are available to the inventor.40
PART II: SUCCESS STORIESCase Study 1General InformationCOUNTRY : BRUNEI DARUSSALAMCOMPANY NAME : DataStream Technology Group Sdn Bhd ( DST )CONTACT ADDRESSContact Person:Radin Sufri bin Radin BasiuniDesignation:Head Group Regulatory Policy & LegalBusiness Address:Datastream Technology HeadquartersTungku Link Road BE 3619BruneiTel No.Fax No.:: 673 2410888 673 2411371E-mailHome Page (if runei DarussalamTITLEDataStream Technology Sdn Bhdwww.dst-group.comDataStream Technology Sdn Bhd is the holding company and the backbone of the DST Group.TYPE OF INTELLECTUAL PROPERTY CONCERNEDTrademarkClassification of goods and services in Classes 9, 14, 16, 18, 25 and 38.The three initial letters “DST”, derived from DataStream Technology, gave rise to the DST Groupproduct branding. As the Company expanded its businesses other brand names evolved.41
To date the Companies have nine registered trademarks in Brunei.Listed below are the registered marks of the Companies.42
There are another ten trademarks pending registration.BACKGROUNDThis is one of the national success stories following His Majesty’s Government of Brunei’s callfor privatization programs. Since the inception of DataStream Technology Sdn Bhd in 1995 theCompany has grown substantially and diversified into other types of business. There are now nineother subsidiary Companies.The DST Group1) DataStream Technology Sdn Bhd (DST Sdn Bhd), which is the main holding Company, wasincorporated in April 1995.It is the leading brand of Infocom Media Service Provider in Brunei.2) DST Communication Sdn Bhd (DST Com) was also incorporated in April 1995.It is the provider of Brunei’s mobile phone service and has adopted the use of the GSMsystem for evolution of its mobile technology platform on the GPRS/EDGE system.3) Integrated Communication Sdn Bhd (Incomm) was formed in July 1994.A reseller and solution integrator which offers a wide range of telecommunication productsfor both consumer and business telecommunication needs. Incomm’s core business is theretail arm of the DST Group and it represents brand names such as Nokia, Sony Ericsson, andMotorola etc.4) DST Technical Services Sdn Bhd came into being in October 1995This Company provides the facilities for trunked business communications or two-way radiocommunication systems for companies with intra-communication needs to enable them tomanage field operations and mobile teams.The trademark “Fascom” is the brand name of this Company.5) DST Network Sdn B
registration in Brunei Darussalam. ii) Arrangement of Sections Part I - deals with subsistence, ownership and duration of copyright which cover areas on rights of the copyright owner, acts permitted to copyright works, moral rights, dealing with rights in copyright works, remedies for infringement,
Botsuana Fijo Botswana Fixed 0.109 0.036 Brasil móvil Brazil Mobile 0.109 0.010 Brasil Fijo Brazil Fixed 0.010 0.010 Islas Vírgenes Británicas móvil British Virgin Islands Mobile 0.109 0.109 Islas Vírgenes Británicas Fijo British Virgin Islands Fixed 0.036 0.109 Brunei Darussalam móvil Brunei Darussalam Mobile 0.073 0.049 Brunei Darussalam Fijo Brunei Darussalam Fixed 0.073 0.012
Brunei Darussalam ranks number 53 of 180 countries in the Environmental Performance Index (EPI)4, with a score of 63.57 (with 0 being furthest from the high-performance benchmark target of 100). Brunei Darussalam outperforms the average score for Asia and the Pacific (Fig. 6) in some of the EPI categories,
The ‘Brunei Darussalam In Brief’ is a publication where it discusses briefly on the socio-economic welfare of Brunei Darussalam in general. No part of this publication may be reproduced, stored in a retrieval system or transmitted
‘Brunei Darussalam In Brief’ is a publication where it discusses briefly on the socio-economic welfare of Brunei Darussalam in general. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means without prior written permission from
BIOCHEMISTRY OF VISION Anjie S. Bispat* and Adeline C. Y. Sung* Department of Chemistry, Universiti Brunei Darussalam, Jalan Tungku Link, Gadong BE 1410 Brunei Darussalam * Third year chemistry majors in the Bachelor of Science Education Degree Programme. The Sense of Vision In general, all living things respond to the stimulus of light.
Brunei Darussalam’s Voluntary National Review Report at the 2020 United Nations High-Level Political Forum 2 Introduction In 2008, Brunei Darussalam began its new journey towards Wawasan Brunei 2035, its national vision, in which by 2035, the country aspires to be recognised for its educated, highly skilled and accomplished people, with
Darussalam Trade Classification Customs and Excise Duties, 2017 please contact us at: Royal Customs and Excise Department, Ministry of Finance, Jalan Menteri Besar, Berakas, BB3910, Negara Brunei Darussalam. Phone: 673-2382333 Fax : 673-2382666 E-mail : info@customs.mof.gov.bn
HB9DUJ hb9duj@uska.ch HB3YFM hb3yfm@hb9g.ch Comité 2003-2004. REDACTION HB9AFP HB9G-94 PAGE 3 Calendrier 2004 18 septembre Journée porte-ouverte 10 octobre Chasse au renard, à partir de 11 heures, rendez-vous à Soral, lieu du Field-Day. 21 octobre Elaboration fichier ORNI 18 novembre Stamm spécial oscilloscope 20 novembre Gastro annuel au local: traditionnelle râclette offerte par le .
