NBR Enforces Intellectual Property Rights Rules for Import-export Goods

Intellectual Property RightsNews    December 3, 2019
Intellectual Property Rights in Bangladesh Posted On

National Board of Revenue (NBR), Bangladesh has recently enforced the Intellectual Property Rights (IPRs) rules for import and export goods, to prohibit entry and outflow of products that are violating IPRs to and from the nation.

Customs wing of the revenue board on 26th November 2019 issued a notification with the rules titled Intellectual Rights Enforcement (Import and Export) Rules-2019 with an immediate effect. The rules said that customs houses and land customs stations would now be able to halt or confiscate the release of goods violating Intellectual Property Rights in Bangladesh or outside, based on the application of rights holders.

According to the rules, customs commissioners will be able to destroy the confiscated products for violation of IPRs-related laws, including Patent and Design Act 1911, Copyright Act 2000, Trademarks Act 2009, and Geographical Indication of Goods (Registration and Protection) Act 2013.

The rules added that the imported products violating the IPRs would not send back to the exporting nations. The concerns that fall under the purview of the rules include production and use of products infringing the rights related to Intellectual Property Law in Bangladesh and abroad and without the consent of right holders.

As the rules stated – rights holders have to notify about import and export of goods along with the risk of violation of the IPRs to a customs commissioner at a customs house, land customs station, and other customs port. Although the commissioner can register or reject the notice within 30 days from the date of reception, the effectiveness of the registration will be valid for one year.

Upon being satisfied that the products violated the IPR laws in Bangladesh or abroad, the Commissioner will suspend the release of those products and immediately inform both – the importer and exporter about it. Simultaneously, he or she will ask the rights holders to provide the documents proving their IP rights within ten (10) days.

Note that in the case of perishable goods, the rights holders will get only three days for presenting such documents and proofs.

Md Raich Uddin Khan, NBR first secretary (customs international trade and agreement), said that the import of products that infringed IPRs was always prevented in the Customs Act, but the procedures for the same weren’t specified.

He added that the revenue board has now stipulated the procedures and engaged the IP rights holders to prevent the import and export of such goods.

He continued by saying that the enforcement of IPR laws in customs points is also crucial for Bangladesh in the epoch of post-graduation from the least developed country status expected to occur in 2024. As an LDC Bangladesh now relished waiver from the implementation of IPR provisions, he ended. For more visit: https://www.kashishipr.com/ 

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