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Enforcement of IPRs in Bangladesh

Bangladesh

Enforcement of IPRs
The cause of counterfeiting and piracy in Bangladesh is the lower prices.
Luxury goods, including clothes and accessories, oil and seeds are the goods that most often face counterfeiting and piracy in Bangladesh.
Yes
They are as follows:
  • The Patents and Designs Act, 1911
  • The Trade Mark Act, 2009
  • The Copyright Act, 2000
  • The Bangladesh Penal Code 1860.
  • The Geographical Indication of Goods (Registration and Protection) Act, 2003
  • The Information and Communication Technology Law , enacted in 2006 to prevent software piracy
Patents, Designs, Trademarks, and Copyright are the different types of IPRs protected by IPR enforcement measures in Bangladesh.
N/A
It is essential to supervise and monitor trade activities and infringers for keeping them under check. Collection of evidences before starting of a trial is a goods option since proceedings are already very lengthy and time consuming.
Yes, as per, the Limitation Act 1908, the limitation period is usually 03 years from when the cause of action arose.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids – Yes
D) Seizures - Yes
E) Destruction - Yes
No
They are usually lengthy and can range from anytime above 01 year.
Delay in disposal of the civil matter and high litigation cost are also liable to lose the faith of affected people in judiciary to take resort to the court for effective remedy. In addition, lack of strong infrastructures and sufficient resources, both technical and financial, are also responsible for lack of effective IPRs enforcement system within the country, causing the downtrend of country’s economy and development.
Yes
Yes
A) Responsible Authority - High Court Division, District Courts, Customs, Mobile Courts, Rapid Action Battalion (RAB), and the local Police
B) Imprisonment Term - Trademark Infringement: 02 years and; 03 for second offence, Copyright Infringement: 06 months to 04 years
C) Monetary Fine - Trademark Infringement: Tk. 200,000 and; 30,000 (second offence), Copyright Infringement: 50,000 to 02 lacs
No
Delay in the disposal of the criminal matter and high litigation costs are also liable to lose the faith of affected people in the judiciary to take resort to courts for an effective remedy. Lack of strong infrastructures and sufficient resources, both technical and financial, are also responsible for the lack of an effective IPRs enforcement system within the country, causing the downtrend of the country's economy and development.
Arbitration and mediation may be resorted to if the parties agree; however, it is not an often recourse.
Yes
Yes
The remedies available under border control measures (customs) include seizure and destruction of goods outside the channel of commerce.
The infringer must bear the costs of customs intervention during enforcement.
The customs authority may do as they deem fit, following the procedure established by law.
Resorting to Customs or RAB for immediate enforcement; otherwise, court proceedings are the right option.
Yes, the time taking procedure may result in unfavorable and unpredictable outcomes at a heavy expense.