Intellectual Property Law in Bangladesh
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History of the IP system in Bangladesh
The earliest legislation found to protect IP in Bangladesh was the Patents, Designs, and Trademarks Act of 1883. However, it was repealed, and the new Patents and Designs Act of 1911 and the Trademarks Act of 1940 were enacted respectively. Then, in 2003, both these Acts were amended, and the Departments of Patents, Designs, and Trademarks (DPDT) was created by merging two independently operational offices – the Patent Office and the Trademark Registry Office. The Trademarks Act 2009 was enacted after the Trademarks Ordinance was promulgated in 2008.
The copyright system in Bangladesh has resulted from the British Copyright System and the Copyright Ordinance that was promulgated by the amalgamation of different Copyright Laws in 1962. After the administration of this Ordinance up to 1999, the Copyright Act was enacted in 2000 and amended in 2005.
Present Scenario
Because of the impact of globalization in the commercial environment, Intellectual Property Law in Bangladesh has now become an international concern. Bangladesh participated in the convention founding the World Intellectual Property Organization (WIPO) on May 11, 1985. It became a legal member of the Paris Convention for the Protection of Industrial Property and of the Berne Convention for the Protection of Literary and Artistic Works in 1991 and 1999 respectively. It is also a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization (WTO).
IP Law in Bangladesh is administered by two offices empowered under two ministries: The DPDT under the Ministry of Industries (MOI) and the Copyright Office under the Ministry of Cultural Affairs (MOCA).
Trademark Law
In Bangladesh, a registered trademark is valid for seven years from the date of application and renewable for successive periods of ten years. The trademark applications, registrations, refusals, etc., are processed according to the Trademark Act 2009 and Trademark Rules 2015.
Intellectual Property Right in Maldives
TRADEMARK REGISTRATION PROCESS IN BANGLADESH
The applicant may conduct a pre-filing search prior to the filing of the application in Bangladesh.
- Upon receiving the application, the registrar issues a legal filing receipt, including application number, date of filing, etc.
- The application undergoes an examination on two aspects – general compliance with the law and distinctiveness.
- Upon satisfaction, the registrar issues a Letter of Acceptance to publish the mark in the Trademarks Journal for third party objections/oppositions.
- If no objection/opposition is filed within the stipulated opposition period of two months from the date of publication, the registrar shall issue the trademark registration certificate.
Patent and Industrial Designs
In Bangladesh, Patent and Design Rights are guided under the Patents and Designs Act of 1911 and the Patent and Design Rules of 1933. Under these laws, the DPDT provides patent protection for 16 years. An invention to be patentable in Bangladesh should:
- Have a practical existence
- Be novel, useful, and non-obvious
- Not be contrary to morality or law
Moreover, for registration of Industrial Design under the Patents and Designs Act 1911, the Industrial Design must:
- Contain the three-dimensional structure
- Not be connected to purely functional designs
- Not possess the visual appearance
- Neither be contrary to public order and ethics nor exploit official symbols or emblems.
Industrial Design registration in Bangladesh lasts for five years from the date of registering and can be renewed in twice i.e. fifth year and tenth year
Copyright
In Bangladesh, the copyright protection is governed by the Copyright Act 2000 (amended in 2005) and Copyright Rules 2010. As per the governing acts, the Copyright in literary, musical, dramatic, or artistic work continues for the lifetime of the author and until 60 years from the following death year. Nonetheless, the copyright for cinematographic film, a computer program, a photograph, or a sound recording, exists for 60 years from the publication of the work.
Geographical Indication (GI)
GI in Bangladesh is governed under Geographical Indication Goods (Registration & Protection) Act 2013 and Geographical Indication Goods Rules 2015. According to the Act, the DPDT is the concerned authority to take care of GI matters. Furthermore, to get a GI registered, the application should be made by an association; no person individually can register a GI. The validity of the registered GI registration is five years, after which the association needs to re-apply for registration. For more visit: https://www.kashishipr.com/
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