Trade Marks Act · s 54

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54.
Protection of well-known trade marks
(1) References in this Act to a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark, including such a trade mark entitled to the benefits of the Paris Convention by virtue of the World Trade Organisation Agreement are to the trade mark of a person who —

Trade Marks 50
(a) is a citizen of, is domiciled, ordinarily resident or has a right of abode in, a Paris Convention country or a World Trade
Organisation country; or
(b) is domiciled in, or has a real and effective industrial or commercial establishment in, any such country, whether or not that person carries on business, or has any goodwill, in
Brunei Darussalam. References to the proprietor of such a trade mark shall be construed accordingly.
(2) Subject to section 49, the proprietor of a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark is entitled to restrain by injunction the use in Brunei Darussalam of a trade mark which, or the essential part of which, is identical or similar to his trade mark, in relation to identical or similar goods or services, where the use is likely to cause confusion.
(3) Nothing in subsection (2) affects the continuation of any bona fide use of a trade mark begun before the commencement of this section.
Emblems etc.
National emblems etc. of Paris Convention and World Trade

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s 54Protection of well-known trade marks

(1)

References in this Act to a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark, including such a trade mark entitled to the benefits of the Paris Convention by virtue of the World Trade Organisation Agreement are to the trade mark of a person who —

Trade Marks 50

(a)

is a citizen of, is domiciled, ordinarily resident or has a right of abode in, a Paris Convention country or a World Trade

Organisation country; or

(b)

is domiciled in, or has a real and effective industrial or commercial establishment in, any such country, whether or not that person carries on business, or has any goodwill, in

Brunei Darussalam. References to the proprietor of such a trade mark shall be construed accordingly.

(2)

Subject to section 49, the proprietor of a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark is entitled to restrain by injunction the use in Brunei Darussalam of a trade mark which, or the essential part of which, is identical or similar to his trade mark, in relation to identical or similar goods or services, where the use is likely to cause confusion.

(3)

Nothing in subsection (2) affects the continuation of any bona fide use of a trade mark begun before the commencement of this section.

Emblems etc.

National emblems etc. of Paris Convention and World Trade