Piracy: AG explains weak enforcement

Intellectual property rights holders not proactive

BRUNEI has sufficient resources to combat piracy, but enforcement capability, particularly in the area of copyright and trademarks, is "unfortunately handicapped" as there are few right holders in the country, the Attorney-General said yesterday.

The police have long been responsive to complaints lodged by intellectual property right holders and action has been taken on all complaints, said Dato Seri Paduka Hj Kifrawi Dato Paduka Hj Kifli, but the small presence of right holders in the sultanate present "evidential and procedural problems to relevant enforcement agencies and prosecutors wishing to initiate appropriate action".

"The Attorney General's Chambers has available prosecutors to take proper cases to court, as has been done before. The Attorney General's Chambers also has an open door policy to rights holders, where a number of rights holders and exclusive licencees have approached to discuss possible actions and remedies," he said in his speech during the opening of the legal year 2008 yesterday.

Such discussions, he said, not only relate to alleged infringement of physical goods but also of "infringement committed over the Internet," for example, hosting or providing allegedly infringing electronic copies of copyrighted material.

However, he warned that parties should be aware that criminal action requires a high burden of proof and therefore a much higher requirement of evidence than either civil action or border enforcement.

Despite being considered effective, border enforcement has not been utilised by most rights holders or appropriate representatives, he said.

"Continuous support and dedication from rights holders or appropriate representatives would be required' not merely a short visit or two, to stamp out piracy effectively."

"Rights holders are encouraged to use border enforcement measures, to deter imports of infringing material. A notice in writing to the Controller of Customs is required and security may be requested," he added.

Yesterday saw Her Royal Highness Paduka Seri Pengiran Anak Puteri Hajah Muta-Wakillah Hayatul Bolkiah, who completed her Bar Vocational Course last August, grace the ceremony at the premises of the High Court building in the capital.

The Brunei Times

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