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 However, it was repealed, and the new Patents and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.
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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