Section 1
Commencement: 1st March 1925
This Act may be cited as the Inventions Act.
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Inventions Act is Brunei Act, cited as Act 72 1984, currently marked repealed and first recorded in 1984.
Inventions
CAP. 72 1
REVISED EDITION 1984
Chapter
Opening note
Commencement: 1st March 1925
This Act may be cited as the Inventions Act.
Any person who has obtained a grant (which word shall include a renewal of a grant) of a patent in the
United Kingdom or in Malaysia or of s9le and exclusive privileges in an invention in the Republic of Singapore, or any person deriving his right from such grantee by assign-ment, transmission or other operation of law, may apply to the,$tate-Seeretary within 3 years from the date of issue of such grant to have such grant registered in Brunei.
Where any partial assignment or transmission has been made, all proper parties shall be joined in the application for registration.
( 3) In ·-this-A:et--'-~State Secretary" means the ::State
Secretary or any fit and proper persC?_n o..r-persons appointed by him by notificati~t:t iathe-·&crtehe to carry out the powers and duties.conferred on and imposed upon the State Secret-ary under· this Act.
Every application under section 2 shall be accompa-nied by a certified copy of the specification or specifications including drawings, if any, relating to such grant, together with a certified copy of the grant of patent rights or exclusive privileges as the case may be.
I of 1925
(Cap. 72
of 11)51)
I of 1956
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Short title
Application for rcgi~tration of U.K. or
Malaysian patent
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Documents to accompany application
Upon such application being received together Certificate or
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Secretary, if he is satisfied that the granting of exclusive thereof
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B.L.R.O. 1/1984
4
Puhlicalion of gran!
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Amendment of grants registered in
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Inventions privileges in such invention would not be prejudicial to the public interest, shall issue to the applicant a certificate of registration in the form in the Schedule to this Act.
Such certificate of registration shall confer on the applicant the sole and exclusive privilege of making, using and selling the said invention in Brunei during the remain-der of the term for which the said letters patent or grant of exclusive privileges, or any renewal of the same, may be in force.
Privileges and rights so granted shall date from the date of the grant in the United Kingdom or the Republic of Singapore or Malaysia respectively and shall continue in force only so long as the grant remains in force in the terri-tory in which it was originally issued:
Provided that no action for infringement shall be enter-tained in respect of any manufacture, use or sale of the invention prior to the date of issue of the certificate or reg-istration in Brunei.
The grant of every such certificate of registration shall be promulgated in some public place in Bandar Seri Be-
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gawan.
The fee for the eertifieate_-<?(:t:.~st_ration shaH be fi'a~el by the State Financial Officer; but-shaH-not-e*ceed $100.
( 1) When the specification or drawings relating to an invention registered in Brunei has been amended by way of disclaimer, correction or explanation, according to the law of the United Kingdom or of the Republic of Singapore or of Malaysia, as the case may be, and the grantee desires such amendment to take effect in Brunei, he shall transmit to the,$t-ate--Seerctary a duly certified copy of the amended specification and drawings, if any, together with an applica-tion to substitute a copy of the specification and drawings as amended for the specification and drawings origina11y filed.
-
Inventions
. Upon receipt of such certified copy and applica-tion the~ Secretary shaH make the necessary amend-ment, and thereupon the said specification and drawings shall be read as if such amendment had formed a part there-of, when filed in the office of the State Secret:ftfV. . . . . .- , l'Y'Hn,~tlll r\' ::.rin~I~JK ~t··
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When a person becomes entitled by assignment, transmission or other operation of law to the privileges and rights conferred by a certificate of registration or to any interest therein. he may apply to the;$tat~-&er-ela-ry for the entry in the register of such assignment, transmission or other instrument affecting the title or giving an interest therein.
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Assignment of grants registered in
Brunei 9.
A register shall be kept in the."office of the/Stat6 Register to
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N, he kept
SeGretary wherem shall be entered parttculars of every ap-
~ hltniJ.rt..<:r rc•\)c·~~HC plication and specification and of every certificate of reg-S-t'i io~·ul~,(ln)
istration and of every order made relating to the invention
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therem mentioned.
Every such specification and certificate of reg-istration shall be numbered according to the order in which it is entered in such book, and every order relating to the invention made subsequent to such certificate of registration shall be entered in an appropriate column of the register.
Every person, partnership or company from time to time being proprietors of or having shares or interests in such exclusive privileges shall cause to be entered in such
Book of applications
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B.L.R. 0. 111984
6
Cessation of privilege
Action for infringement
Inventions book under such number as aforesaid their names, together with the address of some place in Brunei for the service of such proceedings and process as aforesaid.
All such proceedings and process shall be deemed sufficiently served on any such person, partnership or company-
if any other address is substituted for the same by entry in the said book at the address last substituted by delivering the same to any person resident at or in charge of such place.
( 4) If there is no person resident at or in charge of such place, and if any person, partnership or company neg-lects to make or cause to be made such entry, service of such proceeding or process may be effected by affixing a copy thereof on the notice board of the High Court or in such other manner as the Court directs.
Every exclusive privilege under this Act shall cease if
His Majesty the Sultan and Yang Di-Pertuan declares by notification in so'me public place in Bandar Seri Begawan that the same, or the mode in which it is exercised, is mis-chievous to Brunei or generally prejudicial to the public.
An action may be maintained in the High Court by an inventor against any person who, during the con-tinuance of any exclusive privileges granted by this Act, without the licence of the said inventor makes, uses, sells or puts in practice the said invention or counterfeits or imitates the same.
The High Court shall have power upon the ap-plication of any person who alleges that his interests have been prejudicially affected by the issue of a certificate of
Inventions registration, to declare that the exclusive privileges and rights conferred by such certificate of registration have not been acquired on any of the grounds upon which the grant might be revoked under the law for the time being in force in the territory in which the grant was originally made.
Such grounds shall be deemed to include the manufacture, use or sale of th~ invention in Brunei before the priority date applicable to the patent in the territory in which the grant was originally made, but not to include the manufacture, use or sale or the invention in Brunei by some person or persons after the priority date applicable to the patent in such territory and before the date of the issue of the certificate of registration under section 4(1) .
.
-
Whenever it is adjudged by the Court that an exclu-sive privilege as to the whole or any part of an invention has not been acquired, the ~tate Secretary shall, upon produc-tion of a certified copy of the judgment or order of the
Court, cause an entry thereof to be made in the register in section 9 directed to be kept, and shall cause a reference to such entry to be made in the margin of the entry of the specification contained in such register.
Entry of order of
Court in register 7
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Inventions
(Section 4(1))
Certificate of Registration
I,
, hereby certify that a Certificate of Registration, num-bered was granted to on the day of
, 19
, in respect of United Kingdom/Republic of Singa-pore/Malaysia patent numbered
, granted to the said on the day of
, 19
The said shall be entitled in Brunei to all such privileges and rights subject to all conditions established by law as though the United
Kingdom/Repubic of Singapore/Malaysia patent numbered had been issued in Brunei.
The privileges and rights so granted shall, subject to the provisions of section 11, remain in force only so long as the patent granted in the
United Kingdom/Republic of Singapore/Malaysia remains in force.
Provided that no action for infringement shitll be maintained in re-spect of any manufacture use or sale of the invention prior to the date of issue of this certificate.
Witness my hand this day of
'19
State Secretary, Brunei
Inventions
SUBSIDIARY LEGISLATION
·Fee for certificate of re~istration under section 6.
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CAP. 72 9
[Subsidiary]
In exercise of the power a fee of $-!{}.has been fixed for the Certificate S.4Xi56
of Registration.
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B.L.R.O. 111984
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