Trade Marks Act · 2022 Revised Edition · Part 2
54. Protection of well-known trade marks
Official textFrom Attorney General's Chambers, unchanged
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
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
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.
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.
Paris Convention
“Paris Convention” means the Paris Convention for the Protection of Industrial Property of 20th March 1883, as revised or amended;
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
Terms defined in s 2
Paris Convention
Defined · s 2“Paris Convention” means the Paris Convention for the Protection of Industrial Property of 20th March 1883, as revised or amended;
Paris Convention country
Defined · s 2“Paris Convention country” means a country, other than Brunei Darussalam, which is a party to the Paris Convention;
World Trade Organisation Agreement
Defined · s 2“World Trade Organisation Agreement” means the Agreement Establishing the World Trade Organisation done at Marrakesh in 1994, as revised or amended;
World Trade Organisation country
Defined · s 2“World Trade Organisation country” means any country, territory or area, other than Brunei Darussalam, which is a party to the World Trade Organisation Agreement.
Part 3
Part
Proceedings Relating to Importation of Infringing Goods
Part