• (230) 4278861, 4260399

Custom Recordal of IPRs in Bangladesh

Bangladesh

Custom Recordal of IPRs
Yes
No
Yes
The following two laws form the legal basis for Custom Recordal of IPRs (Border Control Measures) in Bangladesh:
  • Chapter IV (Prohibition and Restriction of Importation and Exportation) of the Customs Act, 1969
  • The Customs IPR (Export-Import) Rule, 2019
Custom Recordal of IPRs is effective on both the import and export of goods in Bangladesh.
The Customs regulate the entire procedure of recordal and post-recordal, including seizure and destruction of infringing goods.
Upon any information about any suspected case of counterfeiting or infringement via import-export, an IP rights holder may file a notice in the prescribed form to the relevant Commissioner of Customs, inter alia requesting them to withhold the said consignment. Post-filing the application, the Commissioner of Customs has to inform the applicant/rights holder about their decision (registration or refusal) within a time of 30 days.
The documents include but not limited to the correct name and contact details of the rights holder or its representative, documents such as certificates evidencing the registration of intellectual property (such as trademark registration certificates) as well as documents evidencing their validity (such as renewal certificates or certified copies of the IP register in question), details about the grounds on which the consignment may be stopped, description of the original goods of the client in question, details of the relevant port/customs house, etc. Also, the receipt of the fee for such a request is required. Other documents may be furnished on request within 15 days.
Yes
01 Month
The application has to be made to the relevant Commissioner of Customs. He then informs all other posts, customs houses about the said registration.
No
The official fee is BTD 5,000, and post registration, a bond also has to be submitted.
It is valid for 01 year.
Yes
Any designated officer may, either at his own discretion or upon an application by an IP rights holder, withhold clearance of product (either import or export), which is suspected to be infringing.
The importer-exporter is liable to bear the expenses for such destructions.
Yes
Yes
Yes
Upon such action, the Customs Office shall contact the rights holder and grant them 10 days to submit relevant documents to prove that they have the requisite IP rights concerning the consignment. However, for perishable goods, a period of only 03 days may be granted.
No
N/A
Yes
A bond will also have to be submitted, the terms of which may be intimated by the Commissioner of Customs.
The Commissioner of Customs may order the destruction of the impugned products by following the due process and may also hold the importer-exporter liable to bear the expenses for such destructions. Furthermore, the Customs Office may not send back the infringing products to its source.
No
It is fairly a new procedure and needs to be tested with time.
No