Did you know that if you have children, you arean international criminal? No matter how bizarre it sounds, it can be thereality of near future! Critics claim that the U.S. Patent Office seems to havelost their collective minds thus accepting such strange applications. Not onlyU.S. but also most of the developed countries are involved in a secret fightthrough a new mechanism which has the potential to establish and secure theircommercial strength and political influence lawfully!
Intellectual Property Rights (IPR) Protectionmechanism designed with Patent, Copyright, Trademark, Industrial Design,Geographical Indication and Trade Secrets that include your inventions, yourworks in art and literature, your commercial identity, culture, heritage andtraditional practices.
Globalization is providing opportunities to blendup cultures and ideas. Developed countries are more concerned about IPR implementationwhen the non-developed countries are desirous to take the benefit ofglobalization. However, the truth is that developed countries are also stealingthe ideas, works and heritages frequently. For examples: “BASMATI RICE” is atype of native rice of our country. An U.S. company got patent registration on itin U.S., and tried to stop harvesting it in India and Southeast Asia! Indiangovernment rejected U.S. claim saying that it is registered as their regionalfood. Surprisingly, we had no legalforum to protect our culture and geographical heritage! Our dominant-neighborIndia has already got registration on Jamdani Saree & Nakshikantha asIndia’s GI product from Andhra Prodesh. Still there are many more issues onrisk like: Fazli Mango, Bamboo streamed rice etc. Unknowing to us, ourinventions, works, cultures & heritages are being stolen frequently onlybecause of our legislative weakness and lack of awareness.
How IP will control the commercial world?
Several international treaties & protocols i.e.the Madrid Protocol, the Lisbon Agreement, and WTO administered TRIPS set therules regarding the protection of IPR that governs cross border trade havingdirect impact on the frameworks affecting foreign direct invention andinnovation. Developed countries indirectly compel non-developed countries to enterinto bilateral and multilateral treaties, the pressure of which causes thenon-developed countries to enact unpractical laws that hinder their Intellectualpotentials. Normally, liberal international rules do not apply in betweencountries in presence of bilateral treaties. For example: TIFFA treaty betweenBangladesh and America is, in my opinion, a commercial burden for Bangladesh.
What Bangladesh should do?
Bangladesh needs three-tier strategy: national,regional and international. Policy makers should acquire clear understandingregarding IPR. Besides, general people should be well informed and aware oftheir rights as IPR can promote socio-economic development and ensure highereconomic benefit through Branding Bangladesh.
What an Individual should do?
If you have an invention or a unique work; and if you want to keep it protected forcommercial purpose; even, if you don’t have any such intention, to run furtherresearch or development you should take your registration first because no oneknows what luck your simple invention might bring to you (Example: Face Book).
Take professional help of an IP practitionermost importantly as the application process involves many legal and technicalissues which may bring you an abortive conclusion. Keep your secrets secretuntil you have filed an application for registration.
Concluding remarks:
IPR mechanism has both the aspects: we can ruleor be ruled! Being an under developed country we have points of arguments andscope of negotiation with the corporate leaders; who will, by hook or crook,make their way out to making money selling their ideas to us; if possible,selling our own ideas to us! It is the high time to be aware, to be active on yourrights. You might not be an entrepreneur yourself, but you have an idea youwould like to see it exploited-it might have the potential to gift you a betterfuture, to give us a better world. A huge battle in the courts around the worldis currently taking place over these rights that may well effect changes in thelaw. Before it is too late, before the flexible laws change and before thecorporate giants become harsh on us; we should start working on this issue toprotect individual interest as well as to promote our country.
TheAuthor is an Advocate of the Supreme Court of Bangladesh
and an IP LawPractitioner.
Email:Shaleakramlaw@gmail.com