BRUNEI
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered, but services in classes 43-45 fall into class 42.
International Arrangements
Convention priority can be claimed.
Renewal
Renewal fees are payable 10 years from the filing date, and every 10 years thereafter;
There is a 6 month grace period available.
Use Provisions
Non-use of a trade mark for a period of 5 years from the date of registration renders it vulnerable to an action for cancellation by third parties.
Patent information
Types of Patent
Substantive with or without priority claims;
PCT national phase.
In addition, the current patent law, which came into force on 1 January 2012, includes transitional provisions which specify that any existing application for the reregistration of a granted UK (including EP(UK)), Singaporean or Malaysian patent which has been filed under the previous legislation will be granted as if the previous law had not been repealed. Furthermore, where an application for a UK, Singaporean or Malaysian patent has been made before the date of commencement of the new law and is pending on that date, the applicant may apply to reregister the eventual foreign patent within 12 months of the date of issuance of that patent.
International Arrangements
Convention priority can be claimed.
Duration
20 years from the effective filing date.
Renewal
Renewals are payable annually, starting from the 4th anniversary of the effective filing date for PCT applications, or the 4th anniversary of the grant date of the parent patent for reregistration patents. However, annuities may only be paid after the grant date of the Brunei patent.
There is a 6 month grace period available.
design information
Types of Design
International Arrangements
Convention priority can be claimed.
Duration
5 years from the filing date (or the priority date, whichever is the earlier of the two), extensible by a further two periods of 5 years each.
Renewal
Renewals are payable on the 5th and 10th anniversaries of the filing date (or the priority date, whichever is the earlier of the two).
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