Archives for July 2012
Brunei recently became the 145th country to accede to the Patent Cooperation Treaty (PCT), with Panama following shortly after. Up until the beginning of 2012, Brunei did not have an national patent system (previously needing granted patents from the UK, Singapore or Malaysia to be re-registered in the country to acquire protection), but an increased recognition that a streamlined IP system was needed to foster innovation and growth of Intellectual Property in the country resulted in the Patents Order, 2011 that entered into force on 1 January 2012.
The administration for the PCT system will be carried out by the Patent Registry Office (PRO), under the Brunei Economic Development Board. The Treaty comes into effect in Brunei on 24 July 2012, which means that from that date onwards, (i) Brunei nationals and residents will be able to file international applications under the PCT and (ii) PCT applicants will have the option to enter the national phase in Brunei.
Microsoft Corporation (“Microsoft”) is a company that needs no introduction, being globally renowned for designing, producing, marketing and supporting a broad range of computer-related products. The company recently brought a civil action against Act Integrated System Sdn Bhd, alleging them of infringing Microsoft’s copyright in their computer programmes by reproducing and marketing pirated copies without Microsoft’s consent, license or permission.
The case at the Kuala Lumpur High Court was heard by way of affidavit evidence, without cross-examination of the deponents, which made for a highly unusual mode of proceedings. Although there were disputes as to facts, Microsoft complied with the High Court direction, filing affidavits of Microsoft’s Corporate Attorney, a private investigator hired by Microsoft, and a computer technician under the employment of Microsoft, while Act Integrated System filed only an affidavit by its director, Te Peng Keat.