Section 2
of Industrial Designs Order, 1999
Section 2
(1)
In this Order, unless the context otherwise requires –
“application for registration” means an application for registration of an industrial design made under section 15;
“article” means any article of manufacture and includes any part of an article if that part is made and sold separately;
“artistic work” shall be construed in accordance with section 6 of the
Emergency (Copyright) Order, 1999, but does not include a layout design or an integrated circuit as respectively defined in section 2 of the Emergency (Layout
Designs) Order, 1999;
“assignment” means assignment by act of the parties concerned;
“business” includes any trade or profession;
“commencement” means the day appointed for the commencement of the main substantive provisions of this Order;
“corresponding industrial design”, in relation to an artistic work, means an industrial design which if applied to an article would produce something which would be treated for the purposes of Part I of the Emergency (Copyright) Order,
1999 as a copy of that work;
“court” means the High Court or an Intermediate Court;
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“designer”, in relation to an industrial design, means the person who creates it or, if there are two or more such persons, each of those persons;
“employee” means a person who works or, where the employment has ceased, worked under a contract of employment;
“employer”, in relation to an employee, means the person by whom the employee is or was employed;
“exclusive licence” means a licence (whether general or limited) signed by or on behalf of the owner of an industrial design, authorising the licensee to the exclusion of all other persons, including the person granting the licence, to exercise in the manner authorised by that licence, any right which, under this
Order, would otherwise be exercisable by such owner;
“filing date”, in relation to an application for registration, means the date determined under section 16 as the filing date of the application;
“formal requirements” means such requirements of section 15 and of any rules designating requirements as formal requirements for the purposes of this Order;
“Geneva Act of the Hague Agreement” means the Act, signed at Geneva on 2nd
July 1999, of the Hague Agreement Concerning the International Registration of Industrial Designs;
“Government use” of an industrial design means any act done in relation to that industrial design under section 36;
“industrial design” means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include –
(a)
a method or principle of construction; or
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(b)
features of shape or configuration of an article which –
(i)
are dictated solely by the function which the article has to perform; or
(ii)
are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part;
“International Bureau” means the International Bureau of the World Intellectual
Property Organisation;
“international registration” means the international registration of an industrial design effected according to the Geneva Act of the Hague Agreement.
“Journal” means Industrial Designs Journal referred to in section 78A(1);
“owner” has the meaning assigned by section 8;
“Paris Convention” means the Paris Convention for the Protection of Industrial
Property of 20th. March, 1883, as revised or amended;
“Paris Convention country” means a country, other than Brunei Darussalam, which is a party to the Paris Convention;
“priority date”, in relation to an application for registration, means the date regarded as being the filing date of the application pursuant to section 19;
“Register” means the Register of Industrial Designs maintained by the Registrar under subsection (1) of section 64;
“registered industrial design” means an industrial design registered under section 26;
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“registered owner”, in relation to a registered industrial design, means the person whose name is entered in the Register as the owner of the industrial design or, if there are two or more such persons, each of those persons;
“Registrar” means the Registrar of Industrial Designs appointed under subsection (4) of section 4;
“registration” means, unless the context otherwise requires, registration in the
Register;
“Registry” means the Registry of Industrial Designs administered by the
Registrar;
“set of articles” means two or more articles of the same general character that are ordinarily on sale together or intended to be used together, to each of which the same industrial design, or the same industrial design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied;
“transmission” means transfer by operation of law, devolution on the personal representative of a deceased person, or any other mode of transfer other than an assignment;
“World Trade Organization Agreement” means the Agreement Establishing the
World Trade Organization done at Marrakesh in 1994, as revised or amended;
“WTO member” means any country, territory or area, other than Brunei
Darussalam, which is a party to the World Trade Organization Agreement.
(2)
Unless the context otherwise requires, any reference in this Order –
(a)
to the filing of a document shall be construed as a reference to the filing of the document with the Registrar;
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(b)
to an article in respect of which an industrial design is registered shall, in the case of an industrial design registered in respect of a set of articles, be construed as a reference to any article of that set;
(c)
to the infringement of a design or registered industrial design shall be construed as a reference to the infringement of any right in the design conferred by this
Order.
Non application.