Brunei has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Brunei is a party to the Patent Cooperation Treaty (PCT).

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.

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].

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.

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.

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.

Brunei is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.

The Government Procurement Guideline aims to explain the procedure and implementation process of government procurement and tenders as stipulated in Part 4 of the Financial Regulations. Government procurement must comply with the Financial Regulations as well as any guidelines issued by the Ministry of Finance and Economy. Guideline 7.1.13 provides that, the Head of Department and the Small Tender Board can make the percentage of local employees a criteria in the bid evaluation scoring matrix. The percentage benchmark is as in Appendix 5. In addition, Guideline 11 states that a project performance bond is required at the tender approval stage to guarantee the delivery of a project in accordance with the project specifications. The bond is returned to the companies involved after the project is successfully completed.

All government procurement is conducted by Ministries, Departments, and the State Tender Board of the Ministry of Finance. It is reported that invitations for tenders or quotations below BND 250,000 (approx. USD 200,000) are published in a bi-weekly government newspaper, but they are often selectively tendered only to locally registered companies. Some ministries and departments publish tenders on their individual websites. Foreign firms can participate in the tenders individually, but are advised by the government to form a joint venture with a local company.

Brunei is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Brazil has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Brazil has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

The Consumer Protection Act and the Law on Electronic Commerce Contracts provide a comprehensive framework for consumer protection that also applies to online transactions. Decree No. 7,962 includes specific obligations that apply to e-commerce purchases of goods and services that do not apply to traditional retailing but it has not been reported as a trade barrier. The Decree sets out obligations for e-commerce sites, such as to provide a contract prior to purchase; to support consumer service and to answer consumer demands within 5 days; as well as to ensure the right to regret by the consumer. The right to regret was originally established by Art. 49 of Law 8,078. It allows for the cancellation of acquisitions made outside commercial establishments within seven days from the acquisition or receipt of product/service. It is, thus, applicable to other forms of distance sales as well.