An Overview of the Intellectual

Property Regime in Bangladesh

Sayed Md Shafayat
Intellectual Property from a Global Perspective
LL.M. in Global Legal Practice
Keio University
 Current state of IP Administration
In Bangladesh Intellectual Property (IP) is administered by two separate ministries. The
two offices responsible for IP matters in these two ministries are –

I. The Department of Patents, Designs and Trademarks (DPDT) under the Ministry of
Industries (MOI). Industrial Property matters are administered by this department.

II. The Copyright Office under the Ministry of Cultural Affairs (MOCA). Matters related
to Copyrights and related rights are administered by this office.
 National Laws on IP
Patent:
● The Patents, Designs and Trademarks Act of 1883 is the earliest legislation found to protect
IP. Subsequently it was repealed and the new Patents and Designs Act was enacted in 1911.
● Novelty, non-obviousness and usefulness are requirements for granting patent right.
● Patent is provided on the first come first served policy.
● The public use or knowledge of invention before date of application for patent does not
invalidate the patent granted, unless acquiesced in the public or applies for patent within 6
months.
● The Act of 1911 provides 16 years of patent protection and extension for another 5 years and
in exceptional cases 10 years.
● In April 2022, the Parliament of Bangladesh passed Bangladesh Patent Bill- 2022 and this
Bill provides protection for 20 years.
● Under the Patents and Designs Act 1911, the remedy is available in form of injunction,
delivering up of infringed patented product, damages for an account of the profits. Besides,
certain acts of infringement have been made punishable offences to be judged by criminal
courts.
Copyright:
● Copyright system in Bangladesh was originated from the British
copyright system and later the copyright ordinance, 1962. After that,
the Copyright Act, 2000 was enacted in 2000 and was amended in
2005.Copyright Rules was also enacted in 2010.
● Copyrights exists 60 years after the death of the copyright owner.
● If infringed upon, the owner of the copyright may seek civil, criminal
or administrative remedies. Civil remedies can provide the copyright
owner with search orders, injunctions, accounts of profit, and civil
damages from a court of law. Criminal remedies may result in fines,
imprisonment, and confiscation of the infringing copies for the
accused. Administrative remedies can result in the Registrar banning
the import or distribution of the infringing copies in Bangladesh.
Industrial Design:
● The Patents and Designs Act, 1911 and the Patent and Design Rules,
1933-protection is provided for 5 years. Right can be renewed after
every 5 years for twice.
● The Cabinet also approved Industry-Design Bill, 2021
● The Patents and Designs Act, 1911 provides civil remedies for the
infringement of the copyright of a registered design.
Integrated Circuit:
No law yet. The Law Consultants are trying to make a draft for the Layout
Design (Topographies) Integrated Circuit Act.
Trade Marks:
The Trade Marks Act, 2009 provides 7 years of protection. In every 10
years, it can be renewed on payment the renewal fees.
Geographical Indications:
● Bangladesh’s Geographical Indication Goods (Registration and
Protection) Act, 2013 and Geographical Indication Goods Rules, 2015
set the terms for GIs in the country.
● Registered GIs are valid for five years, after which the association must
re-apply for registration. Any misuse of the laws protecting GIs or
attempt to illegitimately obtain a GI certificate by persons or association
other than the owners of the GI may result in criminal penalties
including imprisonment up to three years and/or a fine of up to BDT
2,00,000.
Plant Variety Protection:
● Bangladesh has adopted legal regime on plant variety protection
through the Plant Variety Protection (PVP) Act, 2019.
● It was enacted to comply with treaty obligations of Bangladesh under
the TRIPS Agreement, 1995 and the Convention of Biological
Agreement, 1992 and to protect the rights of breeders and farmers for
agricultural developments and food security.
● There are four characteristics for protection of plant varieties, namely,
(a) novelty, (b) distinctiveness, © uniformity and (d) stability which
originally reflected in UPOV model.
● The durations for the protection of different plant varieties under this
law are 16 years for fruit trees, other trees and vines of perennial habits,
and 14 years for all other varieties.
Plant Variety Protection
● The PVP Act of Bangladesh contains a number of legal provisions
to safeguard the rights of local farmers and their traditional
knowledge. Section 23 of the Act requires the plant varieties
protection authority to protect and promote the following farmers’
rights, including: (a) registration and preservation the rights arising
out of the newly development varieties by farmers, (b) receiving
benefits arising out of farmers’ protected plant genetic resources if
such resources are used by the breeders to develop new varieties ©
participation in decision making process of conservation and
sustainable use of plant genetic resources.
 Protection of Genetic Resources and Associated Traditional
Knowledge

● Bangladesh has enacted Biological Diversity Act 2017 which provides

protection of genetic resources and associated traditional knowledge.
● Section 30 of the Act talks about the ‘Access and Benefit Sharing’
(ABS) and provides that parties should base their agreement on
mutually agreed terms (MAT) and prior informed consent (PIC).
IP Tribunal:
Bangladesh does not have any specialized IP enforcement court. However, the
Registrar of the DPDT acts as a tribunal over Patents, Designs, Trademarks and
Industrial Property matters.. One or two Assistant Registrar can be appointed by the
registrar in the tribunal. If an IP right is opposed in the tribunal the Registrar or the
Assistant Registrar, whoever acting as the judge, will pronounce the judgment based
on the hearing between both the parties. Any appeal against the decision of the
tribunal lies to the High Court having jurisdiction.

Copyright Office
It is a quasi-judicial organization. The Registrar of Copyright is head of the office.
The copyright board consists of a chairman and not less than two or more than six
members. The chairman of the board is either a present or former judge or a civil
servant having the status of Additional Secretary or a lawyer having the qualification
to become a judge of the High Court Division.
Key Functions of copyright office:
Registration of copyright under the Copyright Act is voluntary and not obligatory.
The certificate issued by the registrar of copyright constitutes prima-facie evidence of
ownership of copyright.

The copyright board is deemed to be civil court. The board hears the appeal
submitted before it by an affected person for infringement of copyright. The
judgment of the board is appeal able to higher courts
 Implementation of International Agreements
Bangladesh is currently party to the following agreements, bodies, treaties
and protocols –
I.Convention establishing the World Intellectual Property Organization (WIPO)
- May 11, 1985
II. The Paris Convention for the Protection of Industrial Property -March 3,
1991
III. Berne Convention for Protection of Literary and Artistic Works –May 4,
1999
IV. Universal Copyright Convention -May 5, 1975
V. The GATT & TRIPs (WTO Agreement) -April 15, 1994.
 Implementation of International Agreements

● Bangladesh is not a party to the Patent Cooperation Treaty (PCT). DPDT has sent a
proposal to the government to seek permission to join PCT. That proposal is awaiting
the approval of the Foreign Ministry right now. As soon as foreign ministry approves
the proposal Bangladesh will apply to join this treaty.
● Bangladesh is yet to a member of international trademark protection regime,
including the Madrid Union, the Nice Agreement and the Singapore Treaty on the
Law of Trademarks.
 TRIPS and Grace Period for Bangladesh for
Pharmaceutical Products

● Bangladesh is exempted from protecting patents and undisclosed

information for pharmaceutical products until 2033 or such a date
when it loses its LDC membership.
● Leading pharmaceutical companies of the country are
concentrating mainly on producing generic medicines and export
generic versions of patented medicine to any country where these
medicines are off-patent.