Trade Marks Act

(being the area proclaimed by His Highness the Sultan on 30th June 1954 by the Continental Shelf Proclamation 1954) on a structure or vessel which is present there for purposes directly connected with the exploration of the seabed and its subsoil or with the exploitation of their natural resources, as it applies to things done in Brunei Darussalam.

PRELIMINARY

“assignment” means assignment by act of the parties concerned;

“business” includes any trade or profession;

“certification mark” shall be construed in accordance with section 52;

“claimant”, in sections 82, 83, 85 and 89, means a person who has given a notice under section 82(1);

“collective mark” shall be construed in accordance with section 50;

Trade Marks 12

“Controller of Customs” means the Controller of Customs for the purposes of the Customs Order, 2006 (S 39/2006);

“court” means the High Court or an Intermediate Court;

“customs control” has the same meaning as in section 2(2) of the

Customs Order, 2006 (S 39/2006);

“earlier right”, in relation to a trade mark, means the right of the proprietor under section 8(4)(b) to prevent the use of that mark;

“earlier trade mark” has the same meaning as in section 9(1);

“exclusive licence” has the same meaning as in section 30(1);

“infringement” of a registered trade mark means any act specified in section 13, if done without the consent of the proprietor;

“infringement proceedings”, in relation to a registered trade mark, includes proceedings under section 18;

“infringing articles” shall be construed in accordance with section 19(3);

“infringing goods” shall be construed in accordance with section 19(1);

“infringing material” shall be construed in accordance with section 19(2);

“International Bureau” has the same meaning as in Article 2(1)

of the Madrid Protocol;

“international trade mark (Brunei Darussalam)” means a trade mark which is entitled to protection in Brunei Darussalam under the Madrid Protocol or a trade mark prescribed by the

Attorney General (by rules made under section 53A) as an international trade mark (Brunei Darussalam);

[S 3/2017; S 1/2020]

“Journal” means the Trade Marks Journal referred to in section 74;

Trade Marks

“Madrid Protocol” means the Protocol relating to the Madrid

Agreement concerning the International Registration of Marks, adopted at Madrid on 27th June 1989, as revised or amended from time to time.

(deleted by S 1/2020);

“officer of customs” has the same meaning as in section 2(1) of the Customs Order, 2006 (S 39/2006);

“Paris Convention” means the Paris Convention for the

Protection of Industrial Property of 20th March 1883, as revised or amended;

“Paris Convention country” means a country, other than

Brunei Darussalam, which is a party to the Paris Convention;

“publish” means make available to the public, and references to publication —

Registrar under subsection (5).

[S 89/2017]

Trade Marks

Registrar of Trade Marks or any public officer so that the delegated powers and functions may be exercised by the delegate with respect of the matter or class or matters specified in the instrument of delegation.

Registrar or by any Deputy Registrar of Trade Marks.