BRUNEI
Since September 2019
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Unified National Networks (UNN) Sdn Bhd is a wholly government-owned enterprise.
Coverage Telecommunications sector
BRUNEI
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Brunei does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
BRUNEI
Since March 2006
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
According to Section 3.4 of the Licensing and Regulatory Framework, foreigners are prohibited from holding a majority vote or control (either directly or indirectly) in a company/corporation applying for a license from the Authority to provide services in the telecommunications industry.
Coverage Telecommunications sector
BRUNEI
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Brunei does not have a comprehensive framework in place that provides effective protection of trade secrets, but trade secrets may be protected under contracts and by an action in breach of confidence as the country follows the common law model.
Coverage Horizontal
Sources
- https://pintas-ip.com/trade-secrets-protection-in-asean-countries/
- https://www.stopfakes.gov/servlet/servlet.FileDownload?file=015t0000000QORu#:~:text=In%20Brunei%20Darussalam%2C%20trade%20secrets,confidence%20are%20persuasive%20in%20Brunei.
- https://research.hktdc.com/en/article/MzUzNTg3Mzk0
- https://wipolex.wipo.int/en/legislation/members/profile/BN
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BRUNEI
Since April 2020
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Telecommunications Order 2001
Code of Practice for Competition in the Telecommunications Sector (Competition Code)
Code of Practice for Competition in the Telecommunications Sector (Competition Code)
In the exercise of the powers conferred by Section 26(1) of the Telecommunications Order 2001, the Authority for Info-communications Technology Industry of Brunei Darussalam has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code) which establishes infrastructure sharing obligations. It is reported that there is no obligation for passive infrastructure sharing in Brunei to deliver telecom services to end users, and it is not practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BRUNEI
Reported in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate protection of copyright online
It is reported that the rate of unlicensed software installation in the country was 64% in 2017 (above the 57% rate of the Asian Pacific countries), for an estimated commercial value of USD 18 million. Brunei’s intellectual property rights (IPR) protection and enforcement regime is still under development, but it is reported to be increasingly strong and effective. Brunei finalized and adopted the Copyright (Amendment) Order 2013 in December 2013. The amendment enhanced enforcement provisions for copyright infringement by increasing the penalties for IP offenses; adding new offenses; strengthening the enforcement powers of the Royal Brunei Police Force and the Ministry of Finance and Economy’s Customs and Excise Department; and allowing for sanctioned private prosecution. The amendments are designed to deter copyright infringements with fines of BND 10,000 (USD 7,400) to BND 20,000 (USD 14,800) per infringing copy, imprisonment for a term up to five years, or both. The new penalty is up to four times more severe than the previously existing penalty.
Coverage Horizontal
BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BRUNEI
Since July 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Brunei is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BRUNEI
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Emergency (Copyright) Order of 1999 (S 14/2000 [E])
The Emergency (Copyright) Order of 1999 provides a clear regime of copyright exceptions that follow the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Sections 33-34 list the exceptions, which include the use for research, private study, criticism, and news reporting, among others.
Coverage Horizontal
BRUNEI
Since January 2012
Since January 2011
Since January 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Rules, 2012 (S 19/2012)
Patent Order, 2011 (S 57/2011)
Patent Order, 2011 (S 57/2011)
A foreign applicant is required to file a patent application through an authorised representative (agent) with a local address in Brunei so as to fulfill the requirement to furnish an address for service in Brunei under Rule 35 of the Patents Rules of 2012. In addition, any person resident in Brunei and wishing to apply for patent protection in other countries must first obtain permission from the Brunei Registry of Patents. If they have already applied for a patent for the same invention in Brunei, the overseas application should be made not less than two months after the application has been filed in Brunei [Section 33(1), Patent Order, 2011].
Coverage Horizontal
Sources
- http://www.bruipo.gov.bn/Shared%20Documents/PDF/Legislation/PA/Patents_Rules_2012.pdf
- http://www.bruipo.gov.bn/Shared%20Documents/PDF/Legislation/PA/Patents_Order_2011.pdf
- http://www.oecd.org/sti/inno/OECDConsultationIP_30-09-2014_BruneiDarussalam_ArizKhalid.pdf
- http://www.wipo.int/pct/guide/en/gdvol2/annexes/bn.pdf
- http://www.bruipo.gov.bn/SitePages/pct.aspx
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BRUNEI
Since January 1957, as amended in December 2010, last amended in 2015
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act, 1956
According to Section 138.2 of the Companies Act, private companies operating in the country must have at least two directors (or one in the case of only two directors) to be ordinarily resident in Brunei Darussalam.
Coverage Horizontal
BRUNEI
Since March 2006
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
According to Section 3.4 of the Licensing and Regulatory Framework, foreigners are prohibited from holding a majority vote or control (either directly or indirectly) in a company/corporation applying for a license from the Authority to provide services in the telecommunications industry.
Coverage Telecommunications sector
BRUNEI
Since March 2017
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Local Business Development (LBD) Policy Framework for the ICT Industry in Brunei Darussalam
The Local Business Development (LBD) policy framework provides a guideline to enable government agencies to apply a best practice on “local content” in contracts and procurement to ensure fair and reasonable opportunities for local suppliers in the ICT sector. It sets out the local content requirements for ICT companies participating in the government ICT projects. All ICT companies participating in the government ICT projects and all the Project Owners and Project Managers of the government ministries and agencies executing their respective e-government and ICT projects are required to comply with this policy framework. It is further anticipated that this policy framework shall be adopted by the Government Linked Companies (GLCs) in the near future.
Coverage ICT sector
BRUNEI
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Brunei is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal