Section 58
Use of patented inventions by Government and authorised parties
of Patents Act
(1)
Subject to sections 61, 62 and 63, but notwithstanding any other section of this Act, the Government and any party authorised in writing by the Government may do anything in relation to a patented invention —
(a)
for a public non-commercial purpose; or
(b)
for or during a national emergency or other circumstances of extreme urgency, and anything done by virtue of this section shall not amount to an infringement of the patent.
(2)
Without prejudice to the generality of subsection (1), subject to sections 61, 62 and 63, but notwithstanding any other section of this Act, the
Government and any party authorised in writing by the Government may import any relevant health product, and do anything in relation to any relevant health product so imported, for or during a national emergency or other circumstances of extreme urgency, if the Government has given the
Council for TRIPS a relevant notification in relation to the relevant health product.
(3)
For the purposes of this section and section 59 —
(a)
any use of an invention for the supply to the government of any country outside Brunei Darussalam, in pursuance of any agreement or arrangement between the Government of His Majesty the Sultan and Yang Di-Pertuan and the government of that country, of articles required for the defence of that country shall be deemed to be a use of the invention for a public non-commercial purpose; and
(b)
the power of the Government or any party authorised by the
Government to do anything in accordance with this section shall not,
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in the case of a patent relating to an integrated circuit, extend to sale of the invention to the public.
(4)
The purchaser of any article sold in the exercise of the powers conferred by this section, and any person claiming through the purchaser, shall have power to deal with it in the same manner as if the patent were held on behalf of the Government.
(5)
In this section —
“integrated circuit” means a product, in its final or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and on, or in or on, a piece of material and which is intended to perform an electronic function;
“relevant notification” means a notification that satisfies the requirements of —
(a)
paragraph 2(a)
of the
Doha
Declaration
Implementation Decision; or
(b)
paragraph 2(a) of the Annex to the TRIPS Agreement.