Section 2
Interpretation
(1)
In this Act, unless the context otherwise requires —
“assignment” means assignment by act of the parties concerned;
“business” includes any trade or profession;
“certification mark” shall be construed in accordance with section 52;
“claimant”, in sections 82, 83, 85 and 89, means a person who has given a notice under section 82(1);
“collective mark” shall be construed in accordance with section 50;
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“Controller of Customs” means the Controller of Customs for the purposes of the Customs Order, 2006 (S 39/2006);
“court” means the High Court or an Intermediate Court;
“customs control” has the same meaning as in section 2(2) of the
Customs Order, 2006 (S 39/2006);
“earlier right”, in relation to a trade mark, means the right of the proprietor under section 8(4)(b) to prevent the use of that mark;
“earlier trade mark” has the same meaning as in section 9(1);
“exclusive licence” has the same meaning as in section 30(1);
“infringement” of a registered trade mark means any act specified in section 13, if done without the consent of the proprietor;
“infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 18;
“infringing articles” shall be construed in accordance with section 19(3);
“infringing goods” shall be construed in accordance with section 19(1);
“infringing material” shall be construed in accordance with section 19(2);
“International Bureau” has the same meaning as in Article 2(1)
of the Madrid Protocol;
“international trade mark (Brunei Darussalam)” means a trade mark which is entitled to protection in Brunei Darussalam under the Madrid Protocol or a trade mark prescribed by the
Attorney General (by rules made under section 53A) as an international trade mark (Brunei Darussalam);
[S 3/2017; S 1/2020]
“Journal” means the Trade Marks Journal referred to in section 74;
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“Madrid Protocol” means the Protocol relating to the Madrid
Agreement concerning the International Registration of Marks, adopted at Madrid on 27th June 1989, as revised or amended from time to time.
(deleted by S 1/2020);
“officer of customs” has the same meaning as in section 2(1) of the Customs Order, 2006 (S 39/2006);
“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;
“publish” means make available to the public, and references to publication —
(a)
in relation to an application for registration, are to publication under section 39(1); and
(b)
in relation to registration, are to publication under section 41(4);
“register” means the Register of Trade Marks maintained by the
Registrar under section 60(1);
“registered trade mark agent” means a person whose name is entered in the register kept under rules made under section 76;
“Registrar” means the Registrar of Trade Marks appointed under section 3;
“registration” means, unless the context otherwise requires, registration in the register;
“repealed Act” means the Trade Marks Act (Chapter 98)
repealed by this Act;
“trade” includes any business or profession;
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“transfer” 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;
“use” (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, includes use (or that description of use) otherwise than by means of a graphic representation;
“World Trade Organisation Agreement” means the Agreement
Establishing the World Trade Organisation done at Marrakesh in 1994, as revised or amended;
“World Trade Organisation country” means any country, territory or area, other than Brunei Darussalam, which is a party to the World Trade Organisation Agreement.
(2)
References in any law passed or made before the commencement of this Act to trade marks or registered trade marks within the meaning of the repealed Act shall, unless the context otherwise requires, be construed after the commencement of this Act as references to trade marks or registered trade marks within the meaning of this Act.
(3)
References in subsection (2) and Schedule 3 to the commencement of this Act are to the commencement of the main substantive provisions of Parts 1 and 3 and the consequential repeal of the repealed Act.