Brunei - Industrial Design


1. Legislations:
The Emergency (Industrial Designs) Order 1999 which came into force on the 1st May 2000. 

2. Definition:
“Industrial Design” is defined “as features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include – (a) method or principle of construction; or 

(b) features of shape or configuration of an article which – 
(i) are dictated solely by the function which the article has to perform; or
(ii) are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part.

3. Criteria:
To claim protection, a design has to fulfil the following conditions:-
(i) design must be new, that is there must not have been any prior disclosure; 
(ii) appearance of article must be material;
(iii) publication or use of design must not be contrary to public order or morality; 

4. Rule of Priority:
A claim to priority right must be applied for within six (6) months from the filing date of the first application in a Paris Convention Country or WTO member or successor in title, subject to compliance with any prescribed conditions. 

5. Duration and Renewal:
A Registered Design can last for an initial period of 5 years from the filing date of the application for registration. Thereafter, the registration may be renewed up to a maximum of 15 years, subject to the payment of renewal fees.

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