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.

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.

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].

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.

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

Brunei has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

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).

Reports indicate that Brunei's state-owned enterprises (SOEs), administered by Darussalam Assets under the Ministry of Finance and Economy, dominate critical sectors of the economy, including telecommunications. It is further reported that these enterprises receive preferential treatment when responding to government tenders.

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 and 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 criterion in the bid evaluation scoring matrix. The percentage benchmark is as in Appendix 5.

It is reported that tender awards exceeding BND 500,000 (approx. USD 375,000) require the Sultan's approval as Minister of Finance and Economy (MOFE), based on recommendations from the State Tender Board. Most tender invitations or quotations are published in a bi-weekly government newspaper; however, these invitations are often selectively tendered exclusively to locally registered companies. While foreign firms may participate in tenders independently, the MOFE advises them to form joint ventures with local companies.

The Local Business Development (LBD) policy framework provides a guideline to enable government agencies to apply best practices to “local content” in contracts and procurement to ensure fair and reasonable opportunities for local suppliers in the ICT sector. According to this framework, all ICT companies participating in 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.

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.