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Legislative Implementation of Flexibilities - Brunei Darussalam

Title:Articles 27 (3), 32 and 33 of the Patents Order of 12/10/2011
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Publication of application.

27. (3)The Registrar may omit from the specification of a published application for a patent any matter

(a) which in his opinion disparages any person in a way likely to damage him; or

(b) the publication or exploitation of which would in his opinion be generally expected to encourage offensive, immoral or anti-social behaviour.

Information prejudicial to defence of Brunei Darussalam or safety of public.

32. (1) Where an application for a patent is filed in the Registry (whether under this Order or any treaty or international convention to which Brunei Darussalam is a party) and it appears to the Registrar that the application contains information of a description notified to him by the Minister as being information the publication of which might be prejudicial to the defence of Brunei Darussalam, the Registrar shall give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons.

(2) If it appears to the Registrar that any application so filed contains information the publication of which might be prejudicial to the safety of the public, he may give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons until the end of a period not exceeding 3 months from the end of a period prescribed for the purposes of section 27.

(3) While directions are in force under this section with respect to an application

(a) if the application is made under this Order, it will be held in abeyance after the formal requirements of this Order and the rules have been met and will not proceed to be processed in accordance with section 29 until the directions are revoked under subsection (4)(e); and

(b) if it is an international application for a patent, a copy of it shall not be sent to the International Bureau or any international searching authority appointed under the Patent Co-operation Treaty.

(4) Where the Registrar gives directions under this section with respect to any application, he shall give notice of the application and of the directions to the Minister, and the following provisions shall then have effect

(a) the Minister shall, on receipt of the notice, consider whether the publication of the application or the publication or communication of the information in question would be prejudicial to the defence of Brunei Darussalam or the safety of the public;

(b) if the Minister determines under paragraph (a) that the publication or communication of that information would be prejudicial to the safety of the public, he shall notify the Registrar who shall continue his directions under subsection (2) until they are revoked under paragraph (e);

(c) if the Minister determines under paragraph (a) that the publication of the application or the publication or communication of that information would be prejudicial to the defence of Brunei Darussalam or the safety of the public, he shall (unless a notice under paragraph (d) has previously been given by the Minister to the Registrar) reconsider that question during the period of 9 months from the date of filing the application and at least once in every subsequent period of 12 months;

(d) if on consideration of an application at any time it appears to the Minister that the publication of the application or the publication or communication of the information contained in it would not, or would no longer, be prejudicial to the defence of Brunei Darussalam or the safety of the public, he shall give notice to the Registrar to that effect; and

(e) on receipt of such a notice the Registrar shall revoke the directions and may, subject to such conditions (if any) as he thinks fit, extend the time for doing anything required or authorised to be done by or under this Order in connection with the application, whether or not that time has previously expired.

(5) The Minister may at any time, for the purpose of enabling him to decide the question referred to in subsection (4){e), do one or both of the following, that is to say, inspect or authorise any person to inspect the application and any document sent to the Registrar in connection with it and where a person is authorised to carry out such inspection, he shall as soon as practicable report on his inspection to the Minister.

(6) Where directions given under this section in respect of an application for a patent for an invention are revoked, and the application is brought in order for the grant of a patent and a patent is granted for the invention, then –

(a) if while the directions are in force the invention is worked by (or with the written authorisation of or to the order of) a Government department, the provisions of Part XII shall apply as if

i) the working were use made by section 58;

ii) the application had been published at the end of the prescribed period or at the time the directions were revoked, whichever is earlier; and

iii) a patent had been grantel1 for the invention at the time the application is brought in order for the grant of a patent (taking the terms of the patent to be those of the application as it stood at the time it was so brought in order); and

(b) if it appears to the Minister that the applicant for the patent has suffered hardship while the directions were in force, the Minister may make such payment if any) by way of compensation to the applicant as appears to the Minister to be reasonable having regard to the inventive merit and utility of the invention, the purpose for which it is designed and any other relevant circumstances.

(7) Where a patent is granted in pursuance of an application in respect of which directions have been given under this section, no renewal fees shall be payable in respect of any period during which those directions were in force.

(8) Any person who fails to comply with any direction under this section is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.

(9) Nothing in this section shall prevent the disclosure of information concerning an invention to a Government department or authority for the purpose of obtaining advice as to whether directions under this section with respect to an application for a patent for that invention should be made, amended or revoked.

Restrictions on applications abroad by Brunei Darussalam residents.

33. (1) Subject to this section, no person resident in Brunei Darussalam shall, without written authority granted by the Registrar, file or cause to be filed outside Brunei Darussalam an application for a patent for an invention unless

(a) an application for a patent for the same invention has been filed in the Registry not less than 2 months before the application outside Brunei Darussalam; and

(b) no directions have been given under section 32 in relation to the application in Brunei Darussalam or all such directions have been revoked.

(2) Subsection (1) does not apply to an application for a patent for an invention for which an application for a patent has first been filed in a country outside Brunei Darussalam by a person resident outside Brunei Darussalam.

(3) Any person who files or causes to be filed an application for the grant of a patent in contravention of this section is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.

(4) In this section

(a) any reference to an application for a patent includes a reference to an application for other protection for an invention;

(b) any reference to either kind of application is a reference to an application under this Order, under the law of any country other than Brunei Darussalam or under any treaty or international convention to which Brunei Darussalam is a party; and

(c) "person resident in Brunei Darussalam" includes a person who, at the material time, is residing in Brunei Darussalam by virtue of a valid pass lawfully issued to him under the Immigration Act (Chapter 17) to enter and remain in Brunei Darussalam for any purpose.

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