Shomoy Bohia Jaey Nodir Sroter Praye

Intellectual Property in Bangladesh

Bangladesh inherited the legal framework on intellectual property (IP) dating back to the British-India. Intellectual property law in Bangladesh is administered by two offices under two ministries: The Department of Patents, Designs, and Trademarks (DPDT) under the Ministry of Industries (MOI) and the Copyright Office under the Ministry of Cultural Affairs (MOCA). The five main types of intellectual property protections in Bangladesh are: trademark, patent, industrial design, copyright, and geographical indication. Except for copyrights, which are regulated by the Copyright Office, all of the other intellectual property protections are regulated by the DPDT. The Patents, Designs and Trademarks Act of 1883 is the earliest legislation found to protect IP. Subsequently it was repealed and the new Patents and Designs Act was enacted in 1911 and the Trademarks Act in 1940. The Bangladesh Government enacted a Copyright Law in July 2000 (with minor amendments in 2005), a Trademarks Act in 2009 (amended in 2015), and the Geographical Indication of Goods (Registration and Protection) Act in 2013. In Bangladesh, Patent and Design Rights are guided under the Patents and Designs Act of 1911 and the Patent and Design Rules of 1933.

Patent in Bangladesh

AThe Patents and Designs Act, 1911 and the Patent and Design Rules, 1933, set the terms for all patent and design rights in Bangladesh. These laws allow for a maximum patent term of 16 years, after which time the invention or process becomes part of the public domain and competitors may freely reproduce, redesign, and market the invention without the original patent holder’s consent. There are two types of applications for patent registration. One is an Ordinary application. This application was filed in Bangladesh Patent Office and it did not claim any priorities. Another one is the Convention application which claims single or multiple priorities from an application made in a convention country but it has to be made within 12 months of the application that was made in the convention country. As per Section 3 of the Patent & Design Act, 1911, an application for a patent can be made by any citizen of Bangladesh or foreign national, by himself or jointly and such application shall be made in prescribed forms to the Department of Patents, Designs and Trademarks (DPDT).

Trademark in Bangladesh

Bangladesh’s Trademark Act, 2009 and Trademark Rules, 2015 set the terms for all trademark applications, registrations, refusals, etc. in the country. A trademark is an easily recognizable sign, symbol, design, word, or phrase that represents a company or product. Any person may give notice of opposition on statutory grounds to the Registrar with regards to the certification of the new trademark. If no one appropriately opposes the trademark within two months of the date at which the BG Press publishes the mark, the DPDT informs the applicant of this and requests payment of the certification fees. Registered trademarks are valid for seven years following the date of application and after this period, may be renewed for successive periods of 10 years. Renewal fees for the trademark must be paid within six months of the date of expiration. Late renewals are available for up to four months following expiration with a late fee. Extensions are granted at the Registrar’s discretion and require additional fees.

Industrial design in Bangladesh

The Patents and Designs Act, 1911 and the Patent and Design Rules, 1933 set the terms for all patent and design rights in Bangladesh. An industrial design may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or color. There are two categories under which industrial designs may be filed in Bangladesh: (i) Ordinary application, and (ii) Convention application (claiming priority from a convention country, for example, a member country of the Paris Convention). The initial period for a registered and certified industrial design is five years. This design protection can be extended up to two terms of five years, for a maximum total period of 15 years. There is no option to file for a late renewal.

Copyright in Bangladesh

A copyright is the exclusive right to publish or produce an original piece of work that required significant mental activity to create, such as a work of art, literature, poetry, music, graphic design, film, software, architectural design, or website content. The Copyright Act, 2000 and Copyright Rules, 2010 set the terms for copyrights in Bangladesh. Copyrights in literary, musical, dramatic, or artistic work are protected for the entirety of the creator’s lifetime and 60 years following the creator’s year of death. For works that may not have a single individual creator, such as cinematographic films, computer programs, photographs, or sound recordings, the copyrights are valid for 60 years following the year of publication. A copyright registration may be initiated by the author, publisher, owner, etc. of the work to be copyrighted, or by the assignee or legal representative of that person or entity.

IP enforcement in Bangladesh

If infringed upon, the owner of the patent/design may seek civil remedies, which may provide the patent/design owner with search orders, injunctions, accounts of profit, and civil damages from a court of law. If infringed upon, the owner of the trademark may seek civil or criminal remedies. Civil remedies can provide the trademark owner with search orders, injunctions, accounts of profit, and civil damages from a court of law. Criminal remedies may result in fines, imprisonment, and confiscation of the infringing copies for the accused. If infringed upon, the owner of the copyright may seek civil, criminal, or administrative remedies. Civil remedies can provide the copyright owner with search orders, injunctions, accounts of profit, and civil damages from a court of law. Criminal remedies may result in fines, imprisonment, and confiscation of the infringing copies for the accused. Administrative remedies can result in the Registrar banning the import or distribution of the infringing copies in Bangladesh.