IPR ENFORCEMENT

1911’s Patents and Designs Act: By paying the required fees, the Department of Patents, Design, and Trademarks (DPDT) grants patent holders 16 years of patent protection (registration). It is possible to extend the protection for an additional time. The exclusive right to manufacture, market, and use the invention throughout Bangladesh, as well as to grant others permission to do the same, is granted to the patent holder. Visit www.dpdt.gov.bd for more information on the latest updates regarding patent and design protection.

Trade Marks: Protection is provided for seven (7) years under the Trade Marks Act, 2009, and upon payment of renewal fees, it can be renewed for an additional ten (10) years after each expiry.

Copyright: Writers, painters, and dramatists are protected by the Copyrights Act, 2000 (modified in 2005). The ideas themselves are not protected by copyright law; only the manner in which they are expressed is. The owner must demonstrate the originality of the work in order to obtain a copyright. Go to www.copyrightoffice.gov.bd for more information about copyright protection in Bangladesh.

Industrial Design/Design: Anybody claiming to be the owner of any new or original design that hasn’t been published in Bangladesh before may register the design under the Patents and Designs Act, 1911. For five (5) years from the date of registration, the registered proprietor of the design will be granted copyright in the work. Go to www.dpdt.gov.bd for updated information on patents and designs.

Geographic Indication: “The Geographical Indication of Goods (Registration and Protection) Act, 2013” was passed by Bangladesh. The Geographical Indication of Goods (Registration and Protection) Rules, 2015 were passed in order to carry out the Act. GI goods registration is valid for an unlimited amount of time unless it is revoked or otherwise found invalid.

Provisions for producers, gatherers, makers, and processors of GI products to register as approved consumers of these items are also included in the GI Act. Authorized users of GI items will need to register for a term of five (5) years, extendable for an additional three (3) years.

Bangladesh and Trade-related Intellectual Property Rights (IPR Enforcement)

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is administered by the World Trade Organization (WTO).Its aim is to ensure protection of IP rights of intellectual property owners from the WTO member countries. The areas of intellectual property that are covered under the TRIPS Agreement are:

• Patents including the protection of new varieties of plants
• copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations);
• trademarks including service marks;
• geographical indications including appellations of origin;
• industrial designs;
• the layout-designs of integrated circuits; and
• Undisclosed information including trade secrets and test data.

Although the obligations under TRIPS apply equally to all member states, however developing countries and least developed countries (LDCs) were allowed extra time to implement the applicable changes to their national laws. The transition period for developing countries expired in 2005. But the transition period for LDCs to implement TRIPS in general was extended to 2021, and for pharmaceutical patents the same has been extended until 1 January 2033.