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Enforcement of IPRs in Brunei


Enforcement of IPRs
Easy availability and cheap prices are the causes of counterfeiting and piracy in Brunei.
Cosmetics and medicines are the goods that most often face counterfeiting and piracy in Brunei.
The Emergency (Copyright) Order 1999, the Trade Marks Act (Cap 98), the Inventions Act1 (Cap 72), the Emergency (Layout Designs) Order 1999 and the Emergency (Industrial Designs) Order 1999, the Trade Marks Act (Cap 98) and the Trade Marks Rules of 2000, the Emergency (Industrial Designs) Order, 1999, and the Industrial Designs Rules of 2000.
Trademarks, Copyright, Layout Designs, Industrial Design, Patents, and GIs are the different types of IPRs protected by IPR enforcement measures.
Registration is a must for civil enforcement.
It is essential to keep the regular infringers under check and also device a proper strategy before choosing the route of administrative measures, Customs, Civil, or Criminal Proceedings
Yes; 06 years
A) Government Authorities - No
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
12 to 15 months
A) Responsible Authority - Courts, customs
B) Imprisonment Term – 03 months to 03 years
C) Monetary Fine – up to $1,000 or it depends on circumstances of each case
There is no established mechanism to promote IPR enforcement through ADR. The parties may resort to it on agreement.
Detention, seizure, and destruction are the remedies available under border control measures (customs) in Brunei.
There is no cost involved in giving notice to Customs, but the owner who uses solicitors or agents will be charged a service fee.
Criminal Prosecution is usually considered the most cost effective enforcement route available to IP rights holders as the legal expenses of prosecution are borne by the Government as the prosecuting party. It is also the best route to take for actions against infringers on a commercial scale and when infringement involves dangerous goods.
Since for some IPRs there is no registration, enforcing a right can be difficult; for instance, copyright, GIs, etc. The patent law is also comparatively new.