Закон о «Изобретения» (глава 72) (пересмотренное издание 1984 года, с поправками до 1998 года), Бруней-Даруссалам

Section

Short title.

1. Application for registration of U.K. or Malaysian patent.

2. Documents to accompany application.

3. Certificate of registration and effect thereof.

Publication of grant.

Fee.

4. Amendment of grants registered in Brunei Darussalam.

5. Assignment of grants registered in Brunei Darussalam.

Register to be kept.

6. Book of applications.

7. Cessation of privilege.

8. Action for infringement.

9. Entry of order of Court in register.

B.L.R.O. 1/1984

Commencement: 1st March 1925

Short title.

1. This Act may be cited as the Inventions Act.

Application for registration of U.K. or Malaysian patent.

2. (1) Any person who has obtained a grant (which word shall include a renewal of a grant) of a patent in the United Kingdom or in Malaysia or of sole and exclusive privileges in an invention in the Republic of Singapore, or any person deriving his right from such grantee by assignment, transmission or other operation of law, may apply to the Minister responsible for inventions matters within 3 years from the date of issue of such grant to have such grant registered in Brunei Darussalam.

[S 28/97]

(2) Where any partial assignment or transmission has been made, all proper parties shall be joined in the application for registration.

(3) (Repealed). [S 28/97]

Documents to accompany application.

3. Every application under section 2 shall be accompanied by a certified copy of the specification or specifications including drawings, if any, relating to such grant, together with a certified copy of the grant of patent rights or exclusive privileges as the case may be.

Certificate of registration and effect thereof.

4. (1) Upon such application being received together with the documents mentioned in section 3, the Minister responsible for inventions matters, if he is satisfied that the granting of exclusive privileges in such

B.L.R.O. 1/1984

p. 4 1984 Ed.] Inventions [CAP. 72

invention would not be prejudicial to the public interest, shall issue to the applicant a certificate of registration in the form in the Schedule to this Act.

[S 28/97]

(2)

Such certificate of registration shall confer on the applicant the sole and exclusive privilege of making, using and selling the said invention in Brunei Darussalam during the remainder of the term for which the said letters patent or grant of exclusive privileges, or any renewal of the same, may be in force.

(3)

Privileges and rights so granted shall date from the date of the grant in the United Kingdom or the Republic of Singapore or Malaysia respectively and shall continue in force only so long as the grant remains in force in the territory in which it was originally issued:

Provided that no action for infringement shall be entertained in respect of any manufacture, use or sale of the invention prior to the date of issue of the certificate or registration in Brunei Darussalam.

Publication of grant.

5. The grant of every such certificate of registration shall be promulgated in some public place in Bandar Seri Begawan.

Fee. [S 33/97]

6. The fee for the certificate of registration shall be fixed by the Minister responsible for inventions matters, with the approval of His Majesty the Sultan and Yang Di-Pertuan.

Amendment of grants registered in Brunei Darussalam.

7. (1) When the specification or drawings relating to an invention registered in Brunei Darussalam has been amended by way of disclaimer, correction or explanation, according to the law of the United Kingdom or of the Republic of Singapore or of Malaysia, as the case may be, and the grantee desires such amendment to take effect in Brunei Darussalam, he shall transmit to the Minister responsible for inventions matters a duly certified copy of the amended specification and drawings, if any, together with an application to substitute a copy of the specification and drawings as amended for the specification and drawings originally filed.

[S 28/97]

(2) Upon receipt of such certified copy and application the Minister responsible for inventions matters shall make the necessary amendment, and thereupon the said specification and drawings shall be read as if such amendment had formed a part thereof, when filed in the office of the Minister responsible for inventions matters.

[S 28/97]

Assignment of grants registered in Brunei Darussalam.

8. When a person becomes entitled by assignment, transmission or other operation of law to the privileges and rights conferred by a certificate of registration or to any interest therein, he may apply to the Minister responsible for inventions matters for the entry in the register of such assignment, transmission or other instrument affecting the title or giving an interest therein.

[S 28/97]

Register to be kept.

9. (1) A register shall be kept in the office of the Minister responsible for inventions matters wherein shall be entered particulars of every application and specification and of every certificate of registration and of every order made relating to the invention therein mentioned.

[S 28/97]

(2) Every such specification and certificate of registration shall be numbered according to the order in which it is entered in such book, and every order relating to the invention made subsequent to such certificate of registration shall be entered in an appropriate column of the register.

Book of applications.

10. (1) A book open to inspection without fee shall be kept in the office of the Minister responsible for inventions matters wherein every person applying for registration of a patent or grant of exclusive privileges shall cause to be stated under a number corresponding with the number of the application some place in Brunei Darussalam where service of any proceedings for the purpose of cancelling or revoking his exclusive privileges or of any other process may be made.

[S 28/97]

B.L.R.O. 1/1984

p. 6 1984 Ed.] Inventions [CAP. 72

(2)

Every person, partnership or company from time to time being proprietors of or having shares or interests in such exclusive privileges shall cause to be entered in such book under such number as aforesaid their names, together with the address of some place in Brunei Darussalam for the service of such proceedings and process as aforesaid.

(3)

All such proceedings and process shall be deemed sufficiently served on any such person, partnership or company —

(a)

if a copy thereof is left at the address entered in such book; or

(b)

if any other address is substituted for the same by entry in the said book at the address last substituted by delivering the same to any person resident at or in charge of such place.

(4)

If there is no person resident at or in charge of such place, and if any person, partnership or company neglects to make or cause to be made such entry, service of such proceeding or process may be effected by affixing a copy thereof on the notice board of the High Court or in such other manner as the Court directs.

Cessation of privilege.

11. Every exclusive privilege under this Act shall cease if His Majesty the Sultan and Yang Di-Pertuan declares by notification in some public place in Bandar Seri Begawan that the same, or the mode in which it is exercised, is mischievous to Brunei Darussalam or generally prejudicial to the public.

Action for infringement.

12. (1) An action may be maintained in the High Court by an inventor against any person who, during the continuance of any exclusive privileges granted by this Act, without the licence of the said inventor makes, uses, sells or puts in practice the said invention or counterfeits or imitates the same.

(2)

The High Court shall have power upon the application of any person who alleges that his interests have been prejudicially affected by the issue of a certificate of registration, to declare that the exclusive privileges and rights conferred by such certificate of registration have not been acquired on any of the grounds upon which the grant might be revoked under

the law for the time being in force in the territory in which the grant was originally made.

(3)

Such grounds shall be deemed to include the manufacture, use or sale of the invention in Brunei Darussalam before the priority date applicable to the patent in the territory in which the grant was originally made, but not to include the manufacture, use or sale or the invention in Brunei Darussalam by some person or persons after the priority date applicable to the patent in such territory and before the date of the issue of the certificate of registration under section 4(1).

Entry of order of Court in register

13. Whenever it is adjudged by the Court that an exclusive privilege as to the whole or any part of an invention has not been acquired, the Minister responsible for inventions matters shall, upon production of a certified copy of the judgment or order of the Court, cause an entry thereof to be made in the register in section 9 directed to be kept, and shall cause a reference to such entry to be made in the margin of the entry of the specification contained in such register.

[S 28/97]

B.L.R.O. 1/1984

p. 8 1984 Ed.] Inventions [CAP. 72