Traditional Knowledge Laws: Brunei Darussalam

Scope of Protection

Section 173 - Folklore, anonymous unpublished works.

(1) Where, in the case of an unpublished literary, dramatic, musical or artistic work of unknown authorship, there is evidence that the author (or, in the case of a joint work, any of the authors) was a qualifying individual by connection with a country outside Brunei Darussalam, it shall be presumed until the contrary is proved that he was such a qualifying individual and that
copyright accordingly subsists in the work, subject to this Part.
(2) If under the law of that country a body is appointed to protect and enforce copyright in such works, His Majesty the Sultan and Yang Di-Pertuan may by order designate that body for the purpose of this section.
(3) A body so designated shall be recognised in Brunei Darussala as having authority to do in place of the copyright owner anything, other than the assignment of copyright, which it is empowered to do under the law of that country, including the bringing of proceedings in its own name.
(4) In subsection (1), a "qualifying individual" means an individual who at the material time (within the meaning of section 163) was a person whose works qualified under that section for copyright protection.
(5) This section does not apply if there has been an assignment of copyright in the work by the author of which notice has been given to the designated body; and nothing in this section affects the validity of an assignment of copyright made, or licence granted, by the author or a person lawfully claiming under him.

Exceptions and Limitations

Section 65 - Recordings of folksongs.

(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive maintained by a designated body may, if the prescribed conditions are met, be made and supplied by the archivist or a person acting on his behalf without infringing copyright in the recording or the works included in it.
(4) The prescribed conditions shall include provision that —
      (a) copies are only supplied to a person satisfying the archivist or a person acting on his behalf that he requires them for the purpose of research or private study and will not use them for any other purpose; and
      (b) no person is furnished with more than one copy of the same recording.
(5) In this section, "designated body" means a body designated for he purpose of this section by an order of the Attorney General, who shall not designate a body unless he is satisfied that it is not established or conducted for profit.