Patents Act · 2023 Revised Edition · Part · International Applications for Patents
85. Evidence of Patent Co-operation Treaty and its instruments
Official textFrom Attorney General's Chambers, unchanged
Judicial notice shall be taken of the Patent Co-operation Treaty and any Gazette, bulletin or journal published under the Treaty.
Patent Co-operation Treaty
“Patent Co-operation Treaty” means the treaty of that name signed at Washington on 19th June 1970;
Any such document mentioned in subsection (1) shall be admissible as evidence of any instrument or other act thereby communicated of any institution having functions under the Treaty.
Evidence of any instrument issued under the Patent
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Co-operation Treaty by any institution or of any document in the custody of any institution or reproducing in legible form any information in such
Patents custody otherwise than in legible form, or any entry or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of that institution.
Any document purporting to be such a copy as is specified by subsection (3) shall be received in evidence without proof of the official position or handwriting of the person signing the certificate.
Evidence of any instrument mentioned in subsection (3) may also be given in any legal proceedings —
by production of a copy purporting to be printed by the
Government Printers; or
where the instrument is in the custody of a Government department, by production of a copy certified on behalf of the department to be a true copy by an officer of the department generally or specially authorised to do so.
Any document purporting to be such a copy as is mentioned in subsection (5)(b) of an instrument in the custody of a Government department shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his authority to do so, or of the document being in the custody of the department.
In this section, “proceedings” includes proceedings before the
Registrar.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
Terms defined in s 2
Patent Co-operation Treaty
Defined · s 2“Patent Co-operation Treaty” means the treaty of that name signed at Washington on 19th June 1970;
published
Defined · s 2“published” means made available to the public (whether in Brunei Darussalam or elsewhere) and a document shall be taken to be published under any provision of this Act if it can be inspected as of right at any place in Brunei Darussalam by members of the public, whether on payment of a fee or not, and “republished” shall be construed accordingly;
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
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