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In force2023 Revised Edition
Contents

Part · Employees’ Inventions

50. Right to employees’ inventions

(1)

Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Act and all other purposes if —

(a)

the invention was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or

(b)

the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of his duties he had a special obligation to further the interests of the employer’s undertaking.

(2)

Any other invention made by an employee shall, as between him and his employer, be taken for those purposes to belong to the employee.

(3)

Where by virtue of this section an invention belongs, as between him and his employer, to an employee, nothing done —

(a)

by or on behalf of the employee or any person claiming under him for the purposes of pursuing an application for a patent; or

(b)

by any person for the purpose of performing or working the invention, shall be taken to infringe any copyright or design right to which, as between him and his employer, his employer is entitled in any model or document relating to the invention.

(4)

In subsection (3), the reference to application for a patent includes an application for other protection for an invention, and includes an application for a patent or any other protection under the law of a country other than

Brunei

Darussalam or under any treaty to which

Brunei Darussalam is a party.

Patents 80

Report

Part

Contracts as to Patented Products

Part

Licences of Right and Compulsory Licences

Part

Use of Patented Inventions for Services of Government

Part

Infringement of Patents

Part

Revocation of Patents and Validity Proceedings

Part

Amendments of Patents and Applications

Part

International Applications for Patents

Part

Legal Proceedings

Part

Offences

Part

Patent Agents

Part

General

Schedules