InBangladesh, protection of Intellectual property mainly other than copyrightcomes under the purview of Ministry of Industries. On behalf of Ministry ofIndustries, Department of Patents, Designs & Trademarks (DPDT) administersall the activities relating to industrial property (i.e. Patent, Design,Trademark, GI etc). Before 1989 Trademark & Patent offices were in separate entity under Ministry of Commerce.Trademark office & Patent office merged in 1989 and came under the purviewof Ministry of Industries and virtually, as a department namely DPDT startedits work from 20.3.2004
Bangladesh inherited a century-old legalframework for intellectual property Rights (IPR). The patent system wasintroduced in this sub-continent by the British based on their own patentsystem in 1856. That act was gradually modified year after year to comply withthe demand of age. Finally, the Indian Patents & Designs Acts come intoexistence in 1911. After Independence of Bangladesh, this Act in the name ofPatents & Designs Act, 1911 has been continuing in operation till now withcertain modifications and The Then Patents & Designs Rules, 1933 with fewamendments is also in effect till now.
There was no specific law for Trademarkprotection until 1940. The protection of Trademark was regulated under penalcode 1860 (Chapter XVIII, from section 478 to 489). At that time there wasmerchandise marks Acts, 1889 to prohibit fraudulent marks and in case ofinfringement & passing off problems were solved by applying section 45 ofspecific Relief Act, 1877. Indian Trademark Acts was passed in 1940 and hascontinued in operation till 2007. President of Bangladesh adopted the Trademarkordinance, 2008 which was ratified in parliament in 2009 which is currentlyknown as Trademark Act, 2009.Trademark Rules, 1963 is going to be replaced byTrademark Rules, 2013. Drafting of Bangladesh Patent Act, 2013 & BangladeshIndustrial Design Act, 2013, are under process to cope up with the modern trade& commerce.
Bangladesh Copyright Office is a quasi-judicial organizationunder the Cultural Ministry. The activities of the office are being governed bythe Copyright Act, 2000 (amended in 2005). The first legislation on Copyrightwas introduced in 1914 based on British Copyright law of 1911. Then new law onCopyright was promulgated in 1962. After independence that ordinance continuedinto operation till 1999. Copyright Rules, 2006 was revised in 2006 to make it workable with the new law.
Geographical Indications (Registration andProtection) Act, 2013 was passed in the parliament in the year 2013 with an aimto safeguard the patent rights of the country’s centuries-old indigenousproducts.
Arequest has been sent to Bangladesh Law Commission to prepare a draft on “Lay outDesign (topographies) of integrated Circuits, 2009” & “Trade Secrets,2009”.
Draft law on “Utility Model Law, 2009” & “UnfairCompetition, 2009” are being prepared by Ministry of Commerce yet to finalize.
Furthermore,“The Penal Code of Bangladesh,1860”, “Right to Information Ordinance, 2008”; “CivilProcedure Act, 1908”; The Custom Act , 1969 comprises several measures against theviolations of various intellectual property rights in Bangladesh.
Bangladesh became a member of WorldIntellectual Property Organization (WIPO) on May 11, 1985; GATT on April 15, 1994; Universal Copyrightconvention on 5 May, 1975; ParisConvention for the Protection of Industrial Property on 3 March, 1991 and ofthe Berne Convention for the Protection of Literary and Artistic Works on 4May, 1999; International plant protection Convention onOctober 2, 2005; International Treaty on Plant Genetic resources for Food &Agriculture on June 29, 2004; Convention on Biological Diversity on August 1,1994; Treaty between the United States of America and Bangladesh concerning theReciprocal Encouragement and Protection of Investment on July 25, 1989.
Bangladesh is also a signatory of theTrade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, whichcame into force on January 1, 1995. The TRIPS Agreement sets detailed,compulsory and common standards for all countries following the disputesettlement system of the WTO. Being a member of LDCs Bangladesh is enjoying theextended transition period to bring herself into compliance with its rules. Thetenure for waiver for pharmaceutical patents for LDCs will continue until 2016.
Masum Rahman
(Managing partner)
Advanced IP law Firm
Suite No # 702 (6thFloor), Sultan Ahmed Plazza,
32 Purana Paltan, Dhaka-1000, Bangladesh.
Email: info@aipbd.com
Cell : 880-01672322755
Ph. : 880-2-9574182
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