Brunei is a country with great potential for the development registration of all kinds of industrial designs. Brunei has an oil and gas and energy industry, which is the main economic sector of Brunei, with strong financial resources and a great demand for oil and gas-related products and equipment. Therefore, businesses and individuals always prioritize investment in related industrial designs such as oil and gas drilling, exploitation, and transportation equipment; energy-saving products and green technology to serve the oil and gas industry. Brunei also has many traditional craft villages, producing exquisite handicraft products, so it is necessary to improve the value of industrial design products by improving designs, designs, packaging, combining modern and traditional elements. Due to the fact that there are many businesses expanding their business scope in Brunei, Viet An Law would like to guide customers through the preliminary procedures for registering industrial designs in Brunei through the article below.
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Legal Basis
Emergency Order (Industrial Design), 1999
Definition of Industrial Design in Brunei
In Brunei, an industrial design is defined as the decorative or aesthetic aspect of an item. It can include three-dimensional features, such as the shape or surface of an item, or two-dimensional features, such as patterns, lines, or colors.
Conditions for industrial design registration in Brunei
Novelty: The design must be new, meaning it has not been disclosed to the public anywhere in the world prior to the filing date or priority date of the application in any way through publication, use, or sale.
Not contrary to public order or morality: The design must not offend or harm the public’s psyche.
Types of industrial designs that can be registered in Brunei
Product Style: The appearance of consumer goods, such as furniture, home appliances, electronics, clothing, shoes, jewelry, etc.
Packaging Design: The shape, graphics, and overall appearance of the product packaging.
Graphic Design: Logos, icons, icons, and other visual elements are used in branding and marketing.
Textile Design: Patterns, prints, and other decorative elements are used in fabrics and textiles.
Typography: Font design and typography.
Interior design: Layout and decoration of the interior space.
Vehicle design: Exterior and interior of cars, motorcycles, boats and other vehicles.
Industrial Design Search in Brunei
BruIPO IP Search
It is the official online database of the Brunei Intellectual Property Office (BruIPO). The system allows users to search for patents, trademarks, and industrial designs registered in Brunei. However, the system does not currently allow the search for industrial designs registered in Brunei through the Hague System.
ASEAN DesignView
It is a regional database that allows users to search for industrial designs registered in ASEAN member states, including Brunei.
DesignView
It is a global database maintained by the World Intellectual Property Organization (WIPO) that provides access to design data from participating offices around the world, including Brunei.
Industrial Design Registration Dossier in Brunei
Application Form: The application form includes the following information:
Name, address, nationality and contact information of the applicant (and representative, if applicable);
Title of industrial design;
Specifies the products to which the style will be applied (Product Type).
International Classification Code for Industrial Designs (Locarno Classification).
Representative image of the style:
Drawings, photographs, or other graphic images of the design.
These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
A maximum of 7 images can be submitted.
Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
Other documents, if any:
Copyright claim (if the applicant is not the creator of the design).
The transfer document (if the rights to the design have been transferred).
Industrial design registration in Brunei under the Hague Agreement
What is the Hague Agreement on the industrial design registration?
The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.
Benefits of registering industrial design protection through the Hague Agreement
Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
Savings: Significantly reduces costs compared to filing individual applications in each country.
Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
Flexibility: The applicant can choose the countries in which you want to protect your industrial design.
Dossier of registration for protection of industrial designs under the Hague Agreement
A dossier for registration of an industrial design under the Hague Agreement includes the following documents:
International Registration Declaration:
The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
List the countries in which the applicant wishes to protect his industrial design.
Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.
Perform the search and notify customers in writing of the results of industrial design search in Brunei, applied same with patent registration and trademark registration;
Drafting dossiers and directly filing and monitoring the status of industrial design applications filed on behalf of industrial design owners in Brunei;
Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in Brunei;
Assist in monitoring, representing objections and responding to intellectual property representatives carrying out procedures in Brunei.
Receive official dispatches, certificates and hand over to customers (if any).
If you wish to file an application for industrial design registration in Brunei, please contact Viet An Law – IP Firm for the most effective support.
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