Industrial Designs Order, 1999 · As enacted · Part III
Section 35
Official textFrom Attorney General's Chambers, unchanged
A person who in Brunei Darussalam before the filing date of an application for registration of an industrial design -
filing date
"filing date", in relation to an application for registration, means the date determined under section 16 as the filing date of the application;
{a) does in good faith an act which would have constituted an infringement of the industrial design if it had been registered at the time the act was done; or
industrial design
"industrial design" means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include - fa} a method or principle of construction; or [i) are dictated solely by the function which the article has to perform; or
{b)
makes in good faith effective and serious preparations to do such an act, has the rights specified in subsection (2).
The rights referred to in subsection ( 1) are -
{a) the right to continue to do or, as the case may be, to do the act referred to in subsection (1);
{b) if such act was done, or such preparations had been made, by an individual in the course of a business-
business
"business" includes any trade or profession; 11Commencement 11 means the day appointed for the commencement of the main substantive.provisions of this Order;
the right to assign the right to do the act or to transfer such right on death; and
the right to authorise the doing of the act by any of his partners for the time being in the business in the course of which the act was done or the preparations had been made; and
Rights of third parties to continue use of industrial designs.
Use by
Government for security, defence, etc.
The rights specified in subsection (2) shall not include the right to grant a licence to any person to do an act referred to in subsection (1).
Where an article is disposed of to another person in exercise of a right conferred by subsection (2), that other person and any person claiming through him may deal with the article in the same way as if it had been disposed of by the owner of the industrial design concerned.
Terms defined in s 2
application for registration
Defined · s 2"application for registration" means an application for registration of an industrial design made under section 15; 61 29th. JANUARY, 2000 11article 11 means any article of manufacture and includes any part of an article if that part is made and sold separately;
business
Defined · s 2"business" includes any trade or profession; 11Commencement 11 means the day appointed for the commencement of the main substantive.provisions of this Order;
filing date
Defined · s 2"filing date", in relation to an application for registration, means the date determined under section 16 as the filing date of the application;
industrial design
Defined · s 2"industrial design" means features of shape, configuration, pattern or ornament applied to an article by any industrial process, being features which in the finished article appeal to and are judged by the eye, but does not include - fa} a method or principle of construction; or [i) are dictated solely by the function which the article has to perform; or
Part IV
Use by Government of Industrial Designs
Part VI