Section 31
of Industrial Designs Order, 1999
Section 31
(1)
Subject to this Order, the registration of an industrial design under this Order gives to the registered owner the exclusive right –
(a)
to make in Brunei Darussalam or import –
(i)
for sale or hire; or
(ii)
for use for the purpose of trade or business; or
(b)
to sell, hire, or offer or expose for sale or hire, in Brunei Darussalam, any article in respect of which the industrial design is registered and to which that industrial design or an industrial design not substantially different from it has been applied.
Incorporating amendments until S 3/2020
(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020
23
BLUV as at 13th February 2020
(2)
The right in an industrial design is infringed by any person who, without the licence of the registered owner –
(a)
does, or authorises another person to do, anything which under subsection (1) is the exclusive right of the registered owner;
(b)
makes, or authorises another person to make, anything for enabling any article referred to in subsection (1) to be made in Brunei Darussalam or elsewhere;
(c)
does, or authorises another person to do, anything in relation to a kit that would constitute an infringement of the industrial design if it had been done in relation to the assembled article; or
(d)
makes, or authorises another person to make, anything for enabling a kit to be made or assembled, in Brunei Darussalam or elsewhere, if the assembled article would be such an article as is referred to in subsection (1).
(3)
The right in an industrial design is not infringed by any act done by any person –
(a)
solely for the purpose of research or for private and domestic use;
(b)
for teaching purposes, in the course of instruction or of preparation for instruction, provided it was done by a person giving or receiving the instruction;
(c)
for the purpose of evaluation or analysis;
(d)
that consists of the importation, use or disposal of, or of the offer to dispose of, any registered industrial design or any product obtained by means of a registered industrial design, which was produced by or with the consent (conditional or otherwise) of the registered owner of the industrial design or any person licensed by him; and for this purpose “registered industrial design” includes an industrial design registered in any country or territory outside Brunei Darussalam in respect of the same or substantially the same industrial design as that for which an industrial design has been registered under this Order.
Incorporating amendments until S 3/2020
(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020
24
BLUV as at 13th February 2020
(4)
The right in an industrial design is not infringed by the reproduction of a feature of the industrial design which, under paragraph (b) of the definition of “industrial design” in subsection (1) of section 2, is not taken into account for the purpose of determining whether the industrial design is registrable.
(5)
In this section, “kit” means a complete or substantially complete set of components intended to be assembled into an article.
Nature of industrial design. Cap. 4.