Database

Browse Database

BRUNEI

Since May 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the 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

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)
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

BRUNEI

Since January 1957, as amended in December 2010, last amended in 2015

Pillar Foreign Direct Investment (FDI) 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 (FDI) 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)
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

BRUNEI

Since February 2022
Since 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Financial Regulations, 2022

Government Procurement Guideline
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.
Coverage Horizontal

BRUNEI

Reported in 2014 and 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
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.
Coverage Horizontal

BRUNEI

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Brunei is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"42806"},{"post_id":"42807"},{"post_id":"42808"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

BRUNEI

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.03%
Coverage rate of zero-tariffs on ICT goods (%)
97.37%
Coverage: Digital goods

BRAZIL

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
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.
Coverage Horizontal

BRAZIL

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of 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 Commerce.
Coverage Horizontal

BRAZIL

Since September 1990
Since March 2013

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law 8.078/90 - Consumer Protection Act (Lei 8.078/90 - Código de Defesa ao Consumidor)

Decree 7.962, of 15 March 2013 - Law on Electronic Commerce Contracts (Decreto 7.962, de 15 de Março de 2013 - Lei de Contratação no Comércio Eletrônico)
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.
Coverage Horizontal