Intellectual Property Law in Bangladesh.pptx

Intellectual Property Law

1. Intellectual Property Law By Barrister Shahrina R. Juhi

2. To respect intellectual property rights (IPR), Bangladesh has enacted intellectual property laws. It has incorporated the relevant provisions from international standards in this regard. Bangladesh has enacted the following laws on IPR: Copyright Act, 2000 (amended in 2005) Patent and Design Act, 1911 and Bangladesh Patent Act 2022 Trademarks Act, 2009 Geographical Indication (Registration and Protection) Act, 2013

3. The word Intellectual property (IP) denotes the creations of the mind, such as literary and artistic works; inventions; designs; symbols, names and images used in commercial ventures.  O ur country is a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization (WTO), which came into action on January 1, 1995. The TRIPS Agreement sets comprehensive, compulsory and common standards for all countries following the dispute settlement system of the WTO. Further, IP creates economic value for a business and adds up to its existing asset. Finally, enterprises can gain competitive advantage through IP in terms of usefulness, attraction, and market superiority.

4. Intellectual Property (IP) law in Bangladesh is administered by two separate ministries. There are two offices which are empowered for IP matters under the ministries i.e. 1. the Department of Patents, Designs and Trade Marks (DPDT) under the Ministry of Industries (MOI). The DPDT is affiliated to the World Intellectual Property Organization (WIPO); 2. The Copyright Office under the Ministry of Cultural Affairs (MOCA). The Copyright Office receives continuous support from the WTO, WIPO, and UNESCO for enhancing the copyright system. To enforce intellectual property rights effectively, Bangladesh has established key institutions responsible for their administration and enforcement. The Department of Copyright and Neighboring Rights, under the Ministry of Cultural Affairs, oversees copyright-related matters. The Department of Patents, Designs, and Trademarks, under the Ministry of Industries, administers patents, trademarks, and industrial designs. These departments are responsible for registration, granting IP rights, and maintaining related databases.

5. TRADEMARKS A trademark is a sign which can distinguish the products or services of one enterprise from those of other enterprises. The Trademark Act 2009 & Trademark Rules 2015 are the key guideline in regards to Trademark. One can apply for the trademark after searching the availability of the name. The Registrar, upon the receipt of the application, issues Official Filing Receipt containing the application number, date of application, the trademark etc. The registrar inspects the trademark for 2 issues: a) distinctiveness and b) general compliance with the law. Upon the satisfaction of the requirements, the registrar may issue a Letter of Acceptance for the mark. A registered trademark in Bangladesh is valid for an initial period of seven (7) years from the date of filing the registration and renewable thereafter for successive periods of Ten (10) years. 

6. Trademark Laws A trademark is an easily recognizable sign, symbol, design, word or phrase that represents a company or product. Currently, Bangladesh’s trademark law framework involves two major statutes- Bangladesh’s Trademark Act, 2009 and Trademark Rules 2015. On the basis of the regulations, guidelines and restrictions outlined in these laws, anyone may apply for a trademark in Bangladesh through the DPDT. What are the requirements for filing a trademark in Bangladesh? If you are a business looking to register your trademark in Bangladesh, the following information must be included in the trademark application: Specifics of the mark/logo/device prints or representations Name of the applicant, address and nationality If the applicant is a firm, the signatory’s name and designation in the firm also have to be provided in addition to the other information Status of the applicant i.e. manufacturers/merchandisers/ service providers Specification of goods/ service/class Trademark date of a user (whether the mark is in use or proposed to be used in Bangladesh) Power of Attorney authorizing to the applicant’s lawyer if the same is required.

7. Why Is Registering A Trademark Important For Your Business? A registered trademark may prove to be valuable asset for your company / Business. These assets keep on appreciating over time. As your business grows over time, the value of the trademarks gets scaled up automatically. In addition to this, a registered trademark establishes ownership over the brand name or logo. It protects your brand from any unauthorized use by a third party. The registered trademark proves that the product is your property and that you have exclusive rights to use, sell, and modify the brand or goods in whichever manner you want.

8. COPYRIGHTS The word ‘Copyright’ is considered as an important sector of law concerning intellectual property law in Bangladesh, which describes the rights that the creators have over their literary and artistic works. Copyright usually covers the works ranging from books, sound recordings, paintings, sculpture, engraving and films, to computer programs, databases, advertisements, maps and technical drawings. Copyright act 2000 as amended 2005 & Copyright Rules 2010 are the key guidelines in regards to Copyright law in Bangladesh. It is not mandatory to register the copyright with the Copyright office; however, the registration works as an absolute evidence to be used in a legal proceeding if that particular creation is used by another party without the owners’ permission.  The owner of copyright is entitled to certain civil remedies (injunction, damages, accounts) when the copyright is infringed.  It is valid for 60 years from the death of last surviving author .

9. The Copyright Act empowers the Copyright Office to enforce copyright laws and take action against infringers. Additionally, the government has established the Bangladesh Copyright Board, which is responsible for the overall administration and enforcement of copyright laws. The government has also introduced the Cyber Security Act, 2023, which addresses various cybercrimes, including online piracy and copyright infringement. This act provides provisions for penalties and punishments for offenders engaged in unauthorized copying, distribution, or sharing of copyrighted materials online .

10. A patent protects new inventions, processes, or scientific creations, a trademark protects brands, logos, and slogans, and a copyright protects original works of authorship . Example Trademark Using a unique logo Patent Inventing the telephone Copyright Writing a book

11. PATENTS The law of patent in Bangladesh is guided by the Patents and Designs Act, 1911 and the Patent and Design Rules, 1933. An exclusive right of patent is usually granted for an invention. Usually, a patent allows the patent owner with the right to take the decision as to how - or whether - the invention can be used by others. In order to be patentable, an invention should relate to a manner of manufacture which is novel after coming through some inventive steps and it should have a practical existence as a manner of manufacture. The Bangladesh Patent Act 2022 grants  20 years  of protection to a granted application for a patent. 

12. Limitations and Challenges T here is no specialized court to deal with IP matters, which is necessary considering the complexities of IP. The lack of IP academy, institute or centre has a profound impact on the development of IP jurisprudence in Bangladesh. Consequently, there is a lack of awareness regarding IP amongst officials, judges, law enforcing agencies, researchers, industries, media, and the public. One of the primary challenges is the lack of awareness and understanding of IP rights among creators, innovators, and the general public. Insufficient education and outreach programs hinder the effective utilization and enforcement of IP rights

13. Another significant challenge lies in the enforcement of IP rights, including copyright infringement, counterfeiting, and piracy. Inadequate resources, limited manpower, and lengthy legal proceedings contribute to the slow and often ineffective resolution of IP disputes. Strengthening the enforcement mechanisms, improving coordination among relevant stakeholders, and streamlining legal procedures can address these challenges and enhance IP protection in Bangladesh. Furthermore, emerging technologies, such as digital platforms and the internet, have posed new challenges to intellectual property rights. The ease of copying and distributing digital content has led to widespread online piracy, demanding innovative approaches to combat infringement in the digital realm. Legislative amendments and the development of robust digital enforcement mechanisms are necessary to adapt to the evolving technological landscape.