Section 9
of Industrial Designs Order, 1999
Section 9
(1)
Subject to this Order, an industrial design which is new may, upon application by the person claiming to be the owner, be registered in respect of any article or set of articles specified in the application.
Incorporating amendments until S 3/2020
(Clean version) Norhasnani/fiqah/Karimah_as of 8th June 2020
9
BLUV as at 13th February 2020
(2)
An industrial design for which an application for registration is made shall not be regarded as new if it is the same as –
(a)
an industrial design that has been registered in pursuance of a prior application filed or having effect in Brunei Darussalam, whether or not that industrial design has been registered in respect of the same article for which the application is made or in respect of any other article; or
(b)
an industrial design that has been disclosed in Brunei Darussalam or elsewhere before the filing date, whether or not it has been published in respect of the same article for which the application is made or in respect of any other article, or if it differs from such an industrial design only in immaterial details or in features which are variants commonly used in the trade.
(3)
The Registrar may, in such cases as may be prescribed, direct that for the purpose of deciding whether an industrial design is new an application for registration shall be treated as made on a date earlier or later than that on which it was in fact made.
Industrial designs not registrable if appearance of article not material.