Patents Act · 2023 Revised Edition · Part · Use of Patented Inventions for Services of Government
61. Nature and scope of rights under section 58
Official textFrom Attorney General's Chambers, unchanged
The right to use a patented invention under section 58 —
right
“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
is not exclusive;
shall not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used; and
is, notwithstanding section 58(3)(a), limited to the supply of the patented invention predominantly in Brunei Darussalam by the
Government or a party authorised by the Government under that section.
Patents
The right under section 58 to use a relevant health product which is imported under section 58(2) does not include a right to export the relevant health product.
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;
The right to use a patented invention under section 58 may, on the application of any interested party, be terminated by the court, where the court is satisfied that the circumstances that gave rise to the right to use the patented invention have ceased to exist and are unlikely to recur.
patented invention
“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
Where the court has terminated the right under section 58 to use a patented invention, the court may make such consequential orders as it thinks necessary.
Terms defined in s 2
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;
right
Defined · s 2“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
Part
Infringement of Patents
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Revocation of Patents and Validity Proceedings
Part
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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