Patents Act · 2023 Revised Edition · Part · Use of Patented Inventions for Services of Government
58. Use of patented inventions by Government and authorised parties
Official textFrom Attorney General's Chambers, unchanged
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 —
patented invention
“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
for a public non-commercial purpose; or
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.
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
relevant health product
“relevant health product” means a patented invention which is a product referred to in — (a) paragraph 1(a) of the Doha Declaration Implementation Decision; or (b) paragraph 1(a) of the Annex to the TRIPS Agreement;
Council for TRIPS a relevant notification in relation to the relevant health product.
Council for TRIPS
“Council for TRIPS” means the Council for Trade-Related Aspects of Intellectual Property Rights established under the TRIPS Agreement;
For the purposes of this section and section 59 —
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
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.
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.
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 —
paragraph 2(a)
of the
Doha
Declaration
Implementation Decision; or
paragraph 2(a) of the Annex to the TRIPS Agreement.
Terms defined in s 2
Council for TRIPS
Defined · s 2“Council for TRIPS” means the Council for Trade-Related Aspects of Intellectual Property Rights established under the TRIPS Agreement;
country
Defined · s 2“country” includes — (a) a colony, protectorate or territory subject to the authority or under the suzerainty of another country; or (b) a territory administered by another country under the trusteeship of the United Nations;
Doha Declaration Implementation Decision
Defined · s 2“Doha Declaration Implementation Decision” means the Decision adopted by the General Council of the World Trade Organisation on 30th August 2003 on the implementation of paragraph 6 of the Declaration on the TRIPS Agreement and Public Health adopted in Doha on 14th November 2001;
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
patented invention
Defined · s 2“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
relevant health product
Defined · s 2“relevant health product” means a patented invention which is a product referred to in — (a) paragraph 1(a) of the Doha Declaration Implementation Decision; or (b) paragraph 1(a) of the Annex to the TRIPS Agreement;
TRIPS Agreement
Defined · s 2“TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, set out in Annex 1C to the WTO Agreement, as revised or amended from time to time;
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Infringement of Patents
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Revocation of Patents and Validity Proceedings
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Amendments of Patents and Applications
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International Applications for Patents
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Legal Proceedings
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Offences
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Patent Agents
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