Database

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BRUNEI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Brunei has a telecommunications authority: The Authority for Info-communications Technology Industry (AiTi). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

BRUNEI

Since September 2014, last amended in August 2015

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Data Protection Policy, 2014 (Polisi Perlindungan Data Negara Brunei Darussalam)
The Data Protection Policy (DPP) applies only to public agencies, including government Ministries and Departments, educational institutions and statutory bodies. The Law (Section 18) provides that the agencies are only permitted to transfer personal data to a party outside of Brunei if:
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient inconsistent to the DPP.
This policy applies to all data, including personal data already in existence, whether or not by electronic means (Section 4.4).
Coverage Public sector

BRUNEI

Since March 2018

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Brunei has joined an agreement with binding commitments to open data transfers across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11).
Coverage Horizontal

BRUNEI

Since January 2001
Since April 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Telecommunications Order 2001 (Perintah Telekomunikasi, 2001 (S 13/2002))

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 (Section 7).
Coverage Telecommunications sector

BRUNEI

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 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

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 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 (Akta Syarikat-Syarikat)
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

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Foreign Investment Screening
It is reported that Brunei retains the right to screen investments to ensure they align with the National Development Plan and national interests, avoiding any potential negative impacts. The Brunei Economic Development Board (BEDB) serves as the primary agency for promoting and facilitating foreign investment in the country. The BEDB collabourates with the Invest in Brunei Darussalam FDI Action and Support Center (FAST) under the Prime Minister’s Office to evaluate investment proposals, coordinate with government agencies, and secure project approval. The Foreign Direct Investment and Downstream Industry Working and Steering Committee conducts the evaluation and approval of these proposals.
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) (Perintah Paten, 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 to fulfil 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 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 July 2012

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Brunei is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BRUNEI

Since May 2000, last amended in December 2003

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Emergency (Copyright) Order of 1999 (S 14/2000 [E]) (Perintah Hak Cipta 1999)
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 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 May 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (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

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

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