Intellectual Property (IP) law in Bangladesh is administered by two separate ministries. There are two offices which are empowered for IP matters under the ministries i.e. 1. the Department of Patents, Designs and Trade Marks (DPDT) under the Ministry of Industries (MOI). The DPDT is affiliated to the World Intellectual Property Organization (WIPO); 2. The Copyright Office under the Ministry of Cultural Affairs (MOCA). The Copyright Office receives continuous support from the WTO, WIPO, and UNESCO for enhancing the copyright system.
Trademark | Intellectual Property Law in Bangladesh
A trademark is a sign which can distinguish the products or services of one enterprise from those of other enterprises. In the ancient times, craftsmen used to put their signature or “mark” on their goods. The Trademark Act 2009 & Trademark Rules 2015 are the key guideline in regards to Trademark. There are several symbols to address the types of a trademark: TM – is used for an unregistered trademark to promote or brand products; SM – is used for an unregistered service mark to promote or brand services; ® – is used for a registered trademark. One can apply for the trademark after searching the availability of the name. The Registrar, upon the receipt of the application, issues Official Filing Receipt containing the application number, date of application, the trademark etc. The registrar inspects the trademark for 2 issues: a) distinctiveness and b) general compliance with the law. Upon the satisfaction of the requirements, the registrar may issue a Letter of Acceptance for the mark to be advertised in the Trade Marks Journal for the purpose of receiving objections in regards to the concerned trademark.
Any person may give notice of Opposition to the Registrar within two months from the date of the publication on the journal. However, if no objection is received at the expiration of the opposition period or the opposition is determined and resolved in favor of the Applicant, the Registrar is responsible to issue a Certificate of Registration for the trademark on payment of the prescribed fee. A registered trademark in Bangladesh is valid for an initial period of seven (7) years from the date of filing the registration and renewable thereafter for successive periods of Ten (10) years.
Copywrite:
The word ‘Copyright’ is considered as an important sector of law concerning intellectual property law in Bangladesh, which describes the rights that the creators have over their literary and artistic works. Copyright usually covers the works ranging from books, sound recordings, paintings, sculpture, engraving and films, to computer programs, databases, advertisements, maps and technical drawings.
Copyright act 2000 as amended 2005 & Copyright Rules 2010 are the key guidelines in regards to Copyright law in Bangladesh. Bangladesh Copyright Office is a quasi-judicial organization.
It is not mandatory to register the copyright with the Copyright office; however, the registration works as an absolute evidence to be used in a legal proceeding if that particular creation is used by another party without the owners’ permission.
The owner of copyright may transfer the copyright or grant any interest in the copyright through providing license. The Licenses may also be granted by the Copyright Board of Bangladesh.
Copyright in relation to literary, dramatic, musical or artistic work published within the life time of the author exists until 60 years from the beginning of the calendar year next following the year in which the author dies. However, the copyright in a cinematographic film, a sound recording, a computer programme, a photograph, or a work of the Government or an international organization exists 60 years beginning from the publication of the work.
The owner of copyright is entitled to certain civil remedies (injunction, damages, accounts) when the copyright is infringed. The Jurisdiction lies with the court of District Judge of the place where the person, bringing the lawsuit, resides or carries on business. Infringing copies may be seized by the police and might be barred from import.
Usually, the Court of Sessions deals with the Copyright infringement if there is any criminal charge to that effect.
Geographical indications
Geographical indications and designations of origin are signs used on goods that have a specific geographical origin and possess qualities, a status or characteristics that are principally available to that place of origin. In the most scenario, a geographical indication includes the name of the place of origin of the goods. Geographical Indication Goods (Registration & Protection) Act 2013 & Geographical Indication Goods Rules 2015 are the key guidelines for the Geographical Indication in Bangladesh. As per the Act, Department of Patents, Designs and Trademarks will be the concerned authority for geographical indication.
To register a product, the association or the co-operative for a product will have to apply to register a product. Apparently, no individual can register a geographically indicated product. The term of validation of the concerned registered GI product will remain for five years. The producer would have to apply for re-registering after the expiration of the validity.