Procedures

Estimated fifteen (15) to eighteen (18) months for smooth application

  • Trademark searches to check the availability and registrability of the mark (optional)
  • Filing new trademark application
  • Formality examination
  • Substantive examination
  • Notification of Publication will be issued once the application is accepted
  • Publication in the government Gazette (three (3) months) for opposition (if any)
  • Proceed to registration
  • Registered trademark will be published in Trade Mark Journal
Requirements
  • Name, nationality and address of the applicant(s)
  • Representation of a trademark (preferably JPG file type)
  • Specification of goods/services
  • Priority details (if any)
  • Certified true copy of Priority Document (if priority is claimed)
  • English translation of the Priority document (if not in English)
Validity Term / Renewal
  • Ten (10) years from the filing date and renewable for periods of ten (10) years
  • Application for renewal must be filed within six (6) months before expiry date
  • Late renewal may be filed within a six (6) - month grace period after expiry date with surcharge
Remarks*
  • Minimum period of use to avoid non-use cancellation action: Five (5) years from the date of completion of the registration procedure
  • Prescribed fee for every class of good/services in respect of which registration is sought
  • International Application via Madrid System is available
  • Priority claim of trademark application is available via Paris Convention route
Legal Basis
  • Trade Marks Act (Amendment) (2) 2017
Procedures

Estimated three (3) to four (4) years for smooth application

  • Filing new patent application
  • National Phase entry via PCT route within thirty (30) months from the earliest claimed priority date OR
  • Patent application via Paris Convention route within twelve (12) months from the earliest claimed priority date
  • Formality examination
  • Patent Search Report
  • Substantive examination
  • Publication in Patent Journal
  • Grant of the patent
Requirements
  • Name, nationality and address of the applicant(s) and inventor(s)
  • Patent specification including description, claims, abstract and drawing(s)
  • Priority details (if any)
  • WIPO publication (for PCT route)
  • Power of Attorney
  • Application should be filed in English
Grant & Maintenance
  • Twenty (20) years from the filing date
  • Annual maintenance fees (to be paid yearly starting from the fifth (5th) year)
  • Six (6) - month grace period is available for the late payment of annuities
Remarks*
  • Absolute novelty grace period: twelve (12) months before first priority date or filing date
Legal Basis
  • Patents (Amendment) Order 2011
  • Patents (Amendment) Rules 2012
Procedures

Estimated three (3) to six (6) months for smooth application

  • Filing new industrial design application
  • Paris Convention route to be filed within six (6) months from the earliest claimed priority date
  • Preliminary examination
  • Formal examination
  • Proceed to registration
  • Publication
Requirements
  • Name, nationality and address of the applicant(s) and designer(s) / author(s)
  • Representation of the design with respective view(s) to be filed
  • Title and brief description of the design
  • Classification of the design in accordance with Locarno Classification
  • Priority details (if any)
  • Application should be filed in English
Validity Term & Maintenance
  • Initial protection of five (5) years from the filing date
  • Renewal for a further period of ten (10) years subject to the payment of a renewal fee every five (5) years, for a total of fifteen (15) years
Remarks*
  • Brunei is the contracting party to Hague Agreement Concerning the International Registration of Industrial Designs
  • Multiple design application forming a set of articles is available
  • Novelty grace period: six (6) months before first priority date or filing date
Legal Basis
  • Emergency (Industrial Designs) Order, 1999
  • Industrial Designs Rules, 2000
Protection Duration
  • Copyright protection generally lasts for the creator's lifetime and fifty (50) years after his or her death with exceptions:
  • Fifty (50) years from the year the creation was made or released for sound recordings or films
  • Fifty (50) years from the year the creation was first broadcast or transmitted for broadcasts and cable programs
  • Twenty-five (25) years from the year the creation was first published for typographical arrangement (i.e., how the words and pictures are arranged on a page) of a published edition
Remarks*
  • Copyright protection is obtained automatically without any need for registration or other formalities
  • Registration of copyright is in voluntary nature but can be recorded for the purpose of evidence of legal ownership
Legal Basis
  • The Copyright Order, 1999
  • The Copyright (Amendment) Order 2013