Introduction Brunei is known for its strict adherence to the rule of law, and intellectual property is no exception. The Trade Marks Act (Chapter 98) imposes severe penalties for counterfeiting, including fines of up to B$100,000 (approx. US$77,000) or imprisonment for up to 5 years.

Border Control Powers Unlike some jurisdictions where customs officers are passive, Brunei’s law empowers the Controller of Customs to detain infringing goods upon the written notice of a registered proprietor. This “Notice of Objection” is a powerful tool. Once filed, it effectively closes the border to unauthorized shipments of your branded goods, protecting your local distributors.

The “Halal” Brand Factor In Brunei, IP infringement often intersects with religious laws, especially regarding Halal certification marks. Counterfeiting a food product is not just a trademark offense; it can be a violation of the strict Halal strictures, leading to immediate and severe state intervention.

How ASEAN IPR Helps: Enforcement in Brunei requires cultural and legal sensitivity. ASEAN IPR drafts the necessary “Notices to Customs” to secure the borders. For food and beverage clients, we also advise on the dual protection of Trademarks and Halal certification logos to ensure comprehensive market security.