Industrial Designs

– Industrial Designs Order, 1999.
– Industrial Designs Rules, 2000.
– Industrial Designs (International Registration) Rules, 2014.

Note: not applicable to Computer Programs and Layout Designs.

Membership in International Conventions

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 3, 1987.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 21, 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Berne Convention for the Protection of Literary and Artistic Works, as revised at Paris on July 24, 1971, and amended on September 28, 1979, in force since August 30, 2006.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since February 17, 2012.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since December 24, 2013.

Filing

Applicant: the person claiming to be the owner of a new industrial design or a party who has derived the right to the design from the creator of the design. 

Registrability: generally, an industrial design is registrable if it is new internationally. A design may not be registrable (i) if the industrial design is not new, i.e. disclosed to the public or used in Brunei or elsewhere in the world; (ii) if the industrial design includes a method or principle of construction or features of shape or configuration of an article which: (a) are dictated solely by the function which the article has to perform; or (b) are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part; (iii) if the industrial design differs from another industrial design only in immaterial details or in features which are variants commonly used in the trade; (iv) if the aesthetic considerations are not taken into account to a material extent by person acquiring or using articles of that description, and would not be so taken into account if the industrial design were to be applied to the article; (v) if the industrial design is contrary to public order or morality; (vi) if the industrial design is intended to be applied to any of the following article: (a) works of sculpture (other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process); (b) wall plaques, medals and medallions; (c) printed matter primarily of a literary or artistic character, including book jackets, calendars, certificates, coupons, dress-making patterns, greeting cards, labels, leaflets, maps, plans, playing cards, postcards, stamps, trade advertisements, trade forms and cards, transfers and similar articles.

Priority claim: there is a right of priority with respect to applications for registration of the same industrial design in other Paris Convention or WTO member countries, which were filed less than six months earlier.

Classification: the Locarno Classification system. The articles to which the design applies must be specified.

Filing requirements for an application (to be sent to resident agent):
1. A request for registration of the industrial design;
2. A representation of the industrial design suitable for reproduction;
3. A statement that the industrial design is new;
4. The name and address of the applicant;
5. Where the applicant is not the designer, a statement explaining the applicant’s rights in relation to the industrial design;
6. An address in Brunei for service of documents;
7. Other relevant information (priority claims, associations with earlier applications, etc.).

Filing date: the latest date on which all the necessary documents are filed and the filing fee paid. 

Withdrawal: irrevocable and the application will be taken as abandoned.

For a change of name or address: a change of name or address may be recorded by the applicant by submitting a request using Industrial Design Form D2. The owner of an industrial design  may submit a request using Industrial Design Form D13. No additional documents are required, however, the Registrar may ask for further evidence.

Protection

Examination: as to formal requirements only.

Publication: the registration will be published in the Gazette.

Delivery of document: the certificate of registration is issued in paper format.

Duration: the initial period of registration of an industrial design is five years beginning on the filing date of the application for registration.

Extension: may be extended for additional periods of five years each, but the total duration of registration cannot exceed fifteen years from the filing date.

Renewal fee: must be paid within the three-month period immediately preceding the end of the current term of registration. Grace period: six months with additional fee.

Revocation: on the ground(s) of being contrary to public order or morality; lack of novelty; non-entitlement (provided that the application for revocation is made by a person found to be entitled to be registered as the owner); or for other reasons for non-registrability (see paragraph 3: “Registrability”).