Intellectual Property Rights In Bangladesh

Intellectual Property Rights (IPR) in Bangladesh

Intellectual Property Rights (IPR) in Bangladesh are governed by various laws and regulations to protect the creations of the human mind. These include copyrights, trademarks, patents, industrial designs, and geographical indications. IPR plays a crucial role in promoting innovation, creativity, and business growth by ensuring creators’ legal rights are safeguarded.

Types of Intellectual Property Rights in Bangladesh

1. Copyright

Copyright protects the original works of authorship, including literary, artistic, musical, and dramatic works. In Bangladesh, copyright is governed by the Copyright Act, 2000.

• Protection: Covers works such as books, music, films, software, and architectural designs.
• Duration: Copyright lasts for the life of the author plus 60 years.
• Registration: While copyright is automatic upon creation, registration with the Department of Copyright offers stronger legal protection.

2. Trademarks

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks include logos, brand names, slogans, and other identifiers.

• Registration: Trademarks are registered under the Trade Marks Act, 2009 with the Department of Patents, Designs & Trademarks (DPDT).
• Duration: A trademark is valid for 10 years and can be renewed indefinitely.
• Protection: Provides exclusive rights to use the trademark and prevent others from using a similar mark.

3. Patents

A patent grants the inventor exclusive rights to an invention that is new, involves an inventive step, and is capable of industrial application.

• Registration: Patents are granted under the Patents and Designs Act, 1911 and are handled by the Department of Patents, Designs & Trademarks (DPDT).
• Duration: The protection lasts for 20 years from the filing date of the application.
• Protection: A patent holder can prevent others from making, using, selling, or distributing the patented invention without permission.

4. Industrial Designs

An industrial design refers to the aesthetic aspect of an item, such as the shape, pattern, or color applied to a product.

• Registration: Under the Patents and Designs Act, 1911, industrial designs are registered with the DPDT.
• Duration: Industrial design protection is granted for 5 years, which can be extended up to 10 years.
• Protection: Provides exclusive rights to the owner to use and commercialize the design.

5. Geographical Indications

Geographical indications are used to identify products originating from a specific geographical location, having qualities or reputations due to that origin (e.g., Darjeeling tea, Jamdani sarees).

• Registration: Protected under the Geographical Indications of Goods (Registration and Protection) Act, 2013.
• Protection: Ensures the goods’ authenticity and quality associated with a particular location.

IPR Enforcement and Challenges in Bangladesh

• Enforcement: IPR enforcement in Bangladesh is carried out through legal actions in the courts, as well as administrative measures. The Department of Patents, Designs & Trademarks (DPDT) plays a key role in issuing registrations and handling disputes related to patents, trademarks, and designs.
• Challenges: While IPR laws are in place, enforcement can be inconsistent due to challenges such as counterfeiting, piracy, and a lack of public awareness. However, Bangladesh has made significant progress in recent years with the strengthening of its legal framework and increasing global integration.

Why Protect Intellectual Property in Bangladesh?

1. Business Growth and Protection: IPR allows businesses to protect their innovations, trademarks, and creative works, enabling them to build a strong brand identity.
2. International Trade: IP protection is vital for international business as it secures rights and helps in entering foreign markets.
3. Encourages Innovation: By protecting inventors and creators, IPR promotes further innovation and creativity.
4. Economic Value: Intellectual property adds economic value to businesses by offering opportunities for licensing, franchising, and selling IP assets.

How to Register Intellectual Property in Bangladesh?

• Trademark Registration: Submit an application with the Department of Patents, Designs & Trademarks. The process includes searching the trademark registry, submitting documents, and awaiting approval.
• Patent Application: Submit the application to the Patent Office along with a detailed description of the invention, technical drawings, and claims.
• Copyright Registration: Although copyright protection is automatic, registration provides additional benefits. The process involves filing an application with the Department of Copyright.
• Design Registration: Submit the industrial design with the DPDT to obtain exclusive rights to the design.