table of contents
Basic Information
area | 5,765 square kilometers (almost the same as Mie Prefecture) |
population | 44.1 million people (2021) |
capital | Bandar Seri Begawan |
People | Malay 67.4%, Chinese 9.6%, other 23.0% (2021) |
言语 | The official language is Malay. English is widely spoken. |
Religious | Islam (state religion, 82.1%), Buddhism (6.3%), Christianity (6.7%), Others (4.9%) (2021) |
currency | Brunei dollar (1 Brunei dollar = approximately 82.0 yen (2021 average rate)) |
Brunei is a member of the TPP when it came into force in 2006. The main industry is oil and natural gas, and the largest exporting country is Japan. In recent years, Japan has been aiming to diversify its economy in order to break away from dependence on energy resources.
Overview of intellectual property rights
Since around 2000, Brunei has been developing various laws regarding intellectual property rights in accordance with international standards. In particular, the Patent Act was completely revised in 2011, changing from the previous patents based on patents of other countries (so-called confirmed patents) to a patent system that grants rights independently. Additionally, Japan has joined a number of treaties related to intellectual property rights, as listed below.
1994/02/21 | Treaty establishing the World Intellectual Property Organization |
1995/01/01 | World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) |
2006/08/30 | Berne Convention for the Protection of Literary and Artistic Works |
2012/02/17 | Paris Convention for the Protection of Industrial Property |
2012/07/24 | patent cooperation treaty |
2012/07/24 | Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure |
2013/12/24 | Hague Agreement on the International Registration of Industrial Designs |
2017/01/06 | Madrid Protocol on the International Registration of Marks |
As mentioned above, the status of protection of intellectual property rights in Brunei has been improving significantly in recent years, and in 2013, Brunei was excluded from the list of monitoring countries under Special Article 301.
In the TPP negotiations, the United States is seeking stronger protection for intellectual property rights, so this trend is likely to advance further.
Overview of the patent system
*Language is Malay or English *Formal examination only. No substantive examination will be conducted. *The right period is 20 years from the date of application (extension system available) *It is possible to apply for a patent revocation order to the Japan Patent Office. |
On April 2019, 4, the Brunei Intellectual Property Office moved to the new address below.
Brunei Intellectual Property Office (BruIPO)
KHub Building, Simpang 32-37
Anggerek Desa Technology Park
Jalan Berakas BB3719
Bandar Seri Begawan
Negara Brunei Darussalam
Tel: +673 238 0966 +673 238 0545
Overview of the design system
*There is a partial design system, a set design system, and a secret design system. *Formal examination only. No substantive examination will be conducted. *The right period is 5 years from the date of application. Renewable up to two times for five years each. *You can petition the court to invalidate the design. |
・Approximately 12 to 18 weeks from application to registration.
Documents required at the time of application
- Application
- Explanation of the design to be applied for (7 sets)
Overview of the trademark system
*Protection targets include products, service marks, certification marks, and collective trademarks. *Types of trademarks include word trademarks, figure trademarks, symbol trademarks, three-dimensional trademarks, Combined trademarks, color trademarks, etc. *substantive examination included *There is an opposition system before registration. You can file an objection within 3 months of the public announcement. *Within 5 years of registration, to the Japan Patent Office or court, |
・Adoption of multi-classification system
・Renewal period: From 6 months before expiration.
Trends in the number of applications and registrations
2018 | 2019 | 2020 | 2021 | |
Number of applications | 1,978 | 2,003 | 1,754 | 1,892 |
(from abroad) | 1,838 | 1,822 | 1,643 | 1,793 |
(from Japan) | 51 | 47 | 63 | 128 |
Foreign ratio (%) | 92.9 | 91 | 93.7 | 94.8 |
Number of registrations | 2,100 | 2,654 | 2,220 | 1,728 |
(from abroad) | 2,023 | 2,517 | 2,123 | 1,695 |
(from Japan) | 77 | 76 | 70 | 107 |
Foreign ratio (%) | 96.3 | 94.8 | 95.6 | 98.1 |
Source: FY3 Trademark Application Trend Survey Report (Summary)
*The number of applications from other countries is large, accounting for over 90% of the total.
Documents required at the time of application
- Application
- A clear copy of the mark
- Applicant's name, nationality and registered address
- Specified product
- (If the mark consists of colors) Explanation of the colors
- Official transliteration and translation of the mark (if the mark is in a language other than English)
- (When claiming priority) A copy of the priority certificate; if the priority certificate is written in a language other than English, its English translation
PPH information
On August 2017, 8, the PPH Plus framework was agreed between the Japan Patent Office and the Brunei Intellectual Property Office.
Based on the decision to grant a patent for the Japanese application, a PPH Plus application is filed for the Brunei application, and after receiving the PPH Plus examination result, a request for patent issuance is submitted to the Brunei Intellectual Property Office to quickly obtain rights for the Brunei application. You can do it.
References
・Ministry of Foreign Affairs homepage
・Japan External Trade Organization “Brunei Subordinate Law Survey” June 2015
・Trademarks in Brunei Darussalam -General Information (NJQ & Associates)
http://njq-ip.com/country/brunei-darussalam/trademarks/
・Want to register your IP? – IP Hall
http://www.iphall.com/
・IP Factsheet: Brunei Darussalam -South-east Asia IPR SME HELPDESK”
Patent attorney specialist Maiko Murahashi