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/
Don’t forget to
follow us on social media:
Contact - US
No comments:
Post a Comment