World Intellectual Property Organization

Brunei Darussalam

Chapter 94 - Emblems and Names (Prevention of Improper Use)

 

 


LAWS OF BRUNEI

CHAPTER 94

EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE)

20 of 1967 3 of 1974

Amended by: S 128/80 S 163/81

LAWS OF BRUNEI

CHAPTER 94

EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE)

ARRANGEMENT OF SECTIONS

Section

  1. Short title.

  2. Interpretation.

  3. Prohibition of improper use of emblems, names and pictorial representations.

  4. Prohibition of registration of certain companies, etc.

  5. Penalty.

  6. Sanction for prosecution.

  7. Powers to amend Schedule.

SCHEDULE

B.L.R.O. 1/1984

EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT

An Act to prevent the improper use of certain emblems and names for professional and commercial purposes

Commencement: 18th January 1968

1. This Act may be cited as the Emblems and Names Short title. (Prevention of Improper Use) Act.

2. In this Act unless the context otherwise requires — Interpretation.

“competent authority” means any authority competent under any law for the time being in force to register any company, firm or other body of persons, or any trade mark or design, or to grant a patent;

“specified emblem” means any emblems, seal, flag, pennant, insignia, formation sign, ensign or coat-ofarms specified in Part I of the Schedule;

“specified name” means any name specified in Part II of the Schedule and includes any abbreviation of any such name.

3. (1) Notwithstanding anything contained in any law for Prohibition

of improper

the time being in force, no person shall, except with the written

use of

permission of His Majesty the Sultan and Yang Di-Pertuan — emblems, names and pictorial

(a)
use any specified name or specified emblem, represent-or any colourable imitation thereof, for the purpose of ations. any trade, business, calling or profession; or
(b)
use for the purposes of, or display as an advertisement for, any business, trade, calling or profession, or sell, any photograph, drawing or other pictorial representation of His Majesty or Her Majesty the Raja Isteri; or

B.L.R.O. 1/1984

Prohibition of registration of certain companies, etc.

Penalty.

Sanction for prosecution.

Powers to amend Schedule.

(c)
use or continue to use any specified name or specified emblem, or any colourable imitation thereof, in the title of any patent, or in any trade mark of design; or
(d)
make for the purpose of sale or sell or have in his possession for sale, any specified emblem.
(2)
The provisions of paragraph (b) of subsection (1) relating to the use of any photograph, drawing or other pictorial representation aforesaid shall not apply to the publication of news (whether in a newspaper or by any other medium) or to the publication of any article in a newspaper.
(3)
His Majesty may subject any permission given under subsection (1) to such conditions as he may deem fit.

4. Notwithstanding anything contained in any law for the time being in force, no competent authority shall —

(a)
register any company, firm or other body or persons under any name; or
(b)
register a trade mark or design which bears any emblem, name, photograph, drawing or other pictorial representation; or
(c)
grant a patent in respect of an invention which bears a title containing any emblem or name,

if the use of such name, emblem photograph, drawing or pictorial representation would be in contravention of section 3.

  1. Any person who contravenes the provisions of section 3 shall be guilty of an offence: Penalty, a fine of $2,000.

  2. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction in writing of the Public Prosecutor.

  3. His Majesty in Council may, by notification in the Gazette, add to or alter the Schedule.

(SCHEDULE (Sections 2 and 7) Part I Emblems

    1. The standards, coats-of-arms and official seals of His Majesty theSultan and Yang Di-Pertuan and Her Majesty the Raja Isteri.

      1. The State Seal of Brunei Darussalam.

      2. The Brunei Coat-of-Arms.

      3. The emblem or official seal of the United Nations Organisation.

  1. The Orders, Insignias, Medals, Badges and Decorations instituted byStatutes of His Majesty.

  2. The Emblem or official seal of the International Criminal Police Organisation (Interpol).

  3. The emblem, formation sign or ensign of the Administrative Serviceof Brunei Darussalam as specified in Part III

Part II

Names

  1. The name of His Majesty the Sultan and Yang Di-Pertuan.

  2. The name of Her Majesty the Raja Isteri.

3. The name ICPO - Interpol or International Criminal Police Organisation (Interpol).

B.L.R.O. 1/1984

Part III Administrative Service of Brunei Darussalam

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