NEGARA BRUNEI DARUSSALA揖
TAMBAHAN KEPADA
BAHAGIAN II
Disiarkan dengan Kebenaran
SUPPLEMENT TO
GOVERNMENT GAZETTE
PART II
Published by Authority
CONTBNT The following Notiñcation is pubJished for general information by Command of His提吋esty the Sultan and Yang Di.Pertuan of Brunei Darussalam.
CONSTITUTION OF BRUNEI DARUSSALAM (Order under section 83(3))
EMERGENCY (PATENTS)0鼓DER,1999
ARRANGEMENT OF SECTIONS
Section PART I P鼓皂白攝I洞ARY
1. Short title, commencement, long title and application. PART III PATENTABILITY
13. Patentable inventions. PART VII
PROVISIONS AS TO PATENTS AFTER GRANT PART VIII
PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS AND REGISTRATIor這
41. Nature of, and transactions 函, patents and applications for p法tents. PART IX
RIGHTS CONFERRED PARTX
CONTRACTS AS TO PATENTED PRODUCTS PART XI
LICENCES OF RIGHT A詞。COMPULSORY LICENCES PART XII
USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNM聽起T
58. Use of patented inveiJltions for services of Government. 的 64. Special provi結ions as to Government use during emergency.
65. Duty to inform proprietor of patent.
PART XIII
INFRI自GEM懿簣T OF PATENTS
66. Meaning of infringement.
67. Procee挂ings for infringement of patent. Declaration as to non.infringement.
PART XIV R草VOCATION OF PATENTS AND ISSUES OF VALIDITY PART XV AMENDMENTS OF PATENTS AND APPLICATIONS
都
Amendment of patent in infringement or revocation proceedings.
84. Amendments of app1ications and patents not to include added matter.
PART XVI PROVISIONS ABOUT INTERNATIONAL CONVENTIONS
85. Effect of filing internation叫appHcation for patent. Evidence of Patent Co-operation Treaty and its instruments.
89. Convention countries. PART XVII
LEGAL PROCEEDINGS 會O.Proceedin莘s before court. 會9.Falsification of Register, etc. 11 7. Transition叫provisions.
BRUNEl DARUSSALAM GOVERNMENT GAZETTE
Short title, commencement, long titIe謹nd application.
Cap.72.
Interpretation.
No. S 42
CONSTITUTIO頁OFBRU間EI DARUSSALAM (Order under section 83(3))
EMERGE民CY (PATENTS) ORDER, 1999
ln exercise of the powers conferred by section 8刮到of the
Constitution of Brunei Darussalam, His Majesty the Su1tan and Yang
Di枷Pertuan of Brunei Darussalam hereby makes the following Order一
PART 1
PRELIMH可ARY
1. í 1) This Order may be cited as the思mergency (patents) Order, 1999 and shall come into operation on such date as the Attorney General may, with the approval of His Majesty the Sultan and Yang Di.Pertuan, by notification in the Gazette, appoint. {4) This Order extends to
iα} the continental shelf (being the area proc1aimed by His Highness the Sultan on 30th. june, 1954 by the Continental Shelf Proc1amation 1954) and the waters above the continental shelf; and
(b J the airspace above Brunei Darus路lam and the continental shelf.
2. (1) ln this Order, unless the context otherwise requires一
"appointed day", in any provision of this Order, means the date appointed under section 1 for the coming into operation of that provision;
川convention country" has the meaning assigned to it by section 89;
"Convention on lnternational Civi1 Aviation" means the Convention on lnternational Civi1 Aviation signed at Chicago on the 7th. day of December, 1944;
"Convention on International Exhibitionsl' means the Convention relating to International Exhibitions signed in Pari心on22nd. November, 1928, as amended or supplemented by any protocol to that convention which is for the time being in force;
"court" means the High Court or an Intermediate Court;
"date of fi1ing", in relation to
(aJ an application for a μtent made under this Order, means the date of filing that application by virtue of section 26; aI吋
(bJ any other application, means the date which, under the law of the country where the app1ication was made or in accordance with the terms of a treaty or convention to which that country is a party, is to be treated as the date of filing that application in that country or is equivalent to the date of fi1ing an application in that country (whatever the outcome of the applicatio叫;
"designate", in relation to an international application or a patent, means designate the country or countries (in pursuance of the Patent Co-operation Treaty) in which protection is sought for the invention which is the subject of the intern位ional app1ication or patent;
什elect", in relation to an international application for a patent, means elect the designated country or countries (in pursuance of the Patent Co-operation Treaty) in which the app1icant intends to use the results of the international pre1iminary examination;
"employee" means a person who works or (where the employment has ceased) worked under a contract of employment or in employment under or for the purposes of a Government department;
"employer", in relation to an employee, means the person by whom the employee is or was employed;
"European Patent Convention" means the Convention on the Grant of European Patents signed at Munich on the 5th. day of October, 1973;
"European Patent Office" means the office of that name estab1ished by the European Patent Convention;
"Examiner"
means such person, organisation or foreign or international patent office or or伊nisation船 may be prescribed to whom the Registrar may refer questions relating to patents and p必tentapplications, including a search of the relevant prior art, examination and amendment of applications for patents and granted patents;
"exclusive licence" means a licence from the proprietor of or applicant for a patent conferring on the licensee, or on him and persons authorised by him, to the exclusion of all other persons (including the proprietor or applicant), any right in respect of the invention to which the patent or application relates, and "exclusive licensee" and "non-exclusive licencell shall be construed accordingly;
"filing feell m闊的 the fee prescribed for the purposes of section 25;
"formal requirements" means those requirements designated as such by regulations made for the purposes of section 28;
I 'international application for a patent" means an application made under the Patent Co-operation Treaty;
"international application for a patent (Brunei Darussalamr' means an叩plication of that description which, on its date of filing, designates Brunei Darus純lam;
川International Bureau" means the secretariat of the Wor1d Intellectual Property Organisation estabHshed by a convention signed at Stockholm on 14th. July, 1967;
“intern法tional exhibition" means an official or officially recognised international exhibition falling within the terms of the Convention on International Exhibitions or falling within the terms of any subsequent treaty or convention replacing that convention; as紋noun, includes a charge for securing money or money' s worth and, when used 的averb, shall be construed accordingly;
"Paris Convention" means the Convention for the Protection of Industrial Property signed at Paris on 20th. March, 1883;
"patent" WARTA KERAJAAN
Notifi.cation Number Subject Page S 42 Constitution of Brunei Darussalam…Emergency (Patentsl Order, 1999 ,.. .. 610