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Industrial Design | Brunei

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Industrial Design

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
The Emergency (Industrial Designs) Order 1999 which came into force on the 1st May 2000.

2. Definition:
“Industrial Design” is defined “as features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include – (a) method or principle of construction; or

(b) features of shape or configuration of an article which –
(i) are dictated solely by the function which the article has to perform; or
(ii) are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part.”

3. Criteria:
To claim protection, a design has to fulfill the following conditions:-
(i) design must be new, that is there must not have been any prior disclosure;
(ii) appearance of article must be material;
(iii) publication or use of design must not be contrary to public order or morality;

4. Rule of Priority:
A claim to priority right must be applied for within six (6) months from the filing date of the first application in a Paris Convention Country or WTO member or successor in title, subject to compliance with any prescribed conditions.

5. Duration and Renewal:
A Registered Design can last for an initial period of 5 years from the filing date of the application for registration. Thereafter, the registration may be renewed up to a maximum of 15 years, subject to the payment of renewal fees.

1. Application
Every design application has to be filed with the Registry.

2. Examination
The Registrar on receipt will accord a filing date; and will proceed to examine the application on the “formal requirements”. If there are deficiencies with regards to the formal requirements, the applicant will be notified and given the opportunity to correct the deficiencies within a prescribed period.

3. Registration
If the formal requirements are satisfied then as soon as practicable after such examination, but subject to Section 27, the Registrar shall on payment of the prescribed fees register the industrial design by entering the prescribed particulars in the Register.

The following information and/or documents are required to file an application for an industrial design application in Brunei:-

1. Request for registration for the industrial design:-
(a) the name and address of the applicant;
(b) where the applicant is not the industrial designer, a statement explaining the applicant’s rights in relation to the industrial design;
(c) an address in Brunei Darussalam for the services of documents
(d) a transliteration of the name of the application, if it is not in Roman letters;
(e) a statement identifying the article or articles to which the industrial design is intended to be applied;
(f) a statement identifying the classification of the article or articles to which the industrial design is intended to be applied, according to the class and sub-class of the classification establish by the Lacarno Agreement.

2. six additional representations of the industrial design.

Application Fees

Items Official Fees (USD) Professional Fees (USD)
1. Filing Application
-Each Additional design
260
170
470
470
2. Filing Application
(For articles forming a set of articles)
-Each Additional design
430
260
470
470
3. Issuance of Certificate 430 220


Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
1. 1st extension 430 430
2. 2nd extension 600 510


Basic Requirements

Documents Remarks Time of Filing
Drawings/Photographs The size shall be not more than 160 millimeters by 160 millimeters, and one side of the representation shall not be less than 30 millimeters. On filing date


Note: Where any document or part of a document is not in the English Language, it shall be accompanied by a translation into the English Language and such translation shall be verified to the satisfaction of the Registrar as corresponding to the original text. No notarization is required. This also applies to documents supporting any Statements.

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