Patent Registry Office set up

New Patents Order comes into effect

THE AGC (Attorney General's Chambers) and the BEDB (Brunei Economic Development Board) yesterday announced that His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam has consented to the implementation of the Patents Order, 2011 and the establishment of the Patent Registry Office.

Administered under the BEDB in close collaboration with the Intellectual Property Division of the AGC, the Patent Registry Office (PRO) is located at Knowledge Hub (KHub) in Anggerek Desa and commenced its operations on January 1, 2012.

This is in line with the effective date of the Patents Order 2011 which seeks to introduce a new and independent patent system that takes into consideration the requirements of patentability, namely novelty, inventive step as well as industrial applicability, the BEDB said in a statement yesterday.

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"The main objective of the PRO is to provide an independent patent system and to support the current innovation ecosystem making it more conducive and effective for our businesses.

"Through the introduction of improved mechanisms and regulations designed for patent protection, the PRO aims to help protect our local ideas and inventions as well as investors. At the same time, the PRO is hoped to boost innovation and commercialisation efforts by our businesses while encouraging more research and development (R&D) activities in Brunei."

The PRO is expected to become one of the key catalysts in generating economic growth, both in promoting the development of our local businesses and in attracting foreign direct investments particularly in the field of technology, BEDB said.

Among the functions held by the PRO include administering the patent granting process, granting patents, hearing matters relating to patentability and infringements, advising on patent policy, promoting the patent system as well as assisting relevant stakeholders such as IHLs, SMEs and MNCs in patenting their ideas and products.

In order to provide greater ease in applying for rights overseas, PRO will also facilitate the international filing of patents after Brunei Darussalam has acceded to the Patent Cooperation Treaty (PCT) and the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty).

Currently, the existing patent system is a re-registration system under the Inventions Act (Cap 72) for patents registered in the United Kingdom, Singapore and Malaysia, through which the patent will be protected in Brunei without taking into account the set characteristics as long as it remains valid in the country of origin. All intellectual property matters currently fall within the ambit of the Attorney General's Chambers through the Intellectual Property Division. The Attorney General is also the Registrar of Trademarks and Industrial Designs.

The patent system, which was drafted based on the current Patents Act of the Republic of Singapore, will provide incentives to individuals by offering them recognition for creativity and then reward the market they created by commercialising their inventions. The PRO will act as a stepping stone towards the establishment of a full-fledged National Intellectual Property Office in Brunei and will be responsible for the administration of all IPR, namely patents, trademarks, copyright, industrial designs and layout designs of integrated circuits.

"This move is in line with international norm as most Registries around the world have moved away from being a 'rights granting office' into an IP Office which provides value-added services such as e-Filing as well as public awareness and outreach programs," the statement said.

The Attorney General, Datin Seri Paduka Hajah Hayati Pehin Orang Kaya Shahbandar Dato Seri Paduka Haji Mohd Salleh, was cited in the statement as saying: "I am confident that with the implementation of an independent patent system on 1st January 2012 under the BEDB, local inventors and innovators would be able to create, develop, and commercialise new technologies and innovations to their advantage."

Dato Paduka Haji Ali Haji Apong, Deputy Minister at the Prime Minister's Office-cum-Chairman of the BEDB, said it is vital that Brunei pays significant attention to the adoption of appropriate mechanisms that can protect intellectual property rights.

"I hope the establishment of Patent Registry Office will serve as an effective platform for our businesses to find more innovative ways to develop and differentiate their products and that it will pave the way for more R&D activities and attract more foreign investments into Brunei."

The Brunei Times