Bangladesh Context

Yes, it is always the responsibility of the owners of the Intellectual Property --- whether it is Trademark, Patent & Design or Copyright matter. An inventor is only an inventor of the respective Intellectual Property; but the moment he becomes owner of it or any body else becomes owner of it through due process of law it becomes his prime responsibility to take all care for its protection from the infringements and imitations.

Almost all countries have laws for the protection of Intellectual Properties but it is essential that the owners must be watchful of its infringement and imitation through own persons and those who are experienced to identify such illegal activities and who can invoke due legal media and administrative steps to bring an end to such activities.

Until in the recent past criminal proceedings were mostly encouraged for the protection of Intellectual Properties. But in the present times with the easy availability of good printing systems, photographic accessories, computer technologies, various chemicals, and customized spare parts, the imitation has become easier. As such, action against the violators of the Intellectual Property laws by raiding their underground production units and offices does not serve the exact purpose. With the judicial steps, especially in the developing countries like those in South and South East Asia (e.g., Bangladesh, India, Pakistan, and Vietnam etc.), it is strongly advisable to approach administration and media as well. It is important that the customers should be made better aware of the infringed and imitated counterfeit Intellectual Properties, the originals of which represent certain quality and standard. At present with the advancement of science it not much difficult to keep the customers better updated. It is especially applicable when there is cross border violation of Intellectual Property laws. In one country, publicly or clandestinely, the products bearing the Intellectual Property marks are produced / manufactured and in other countries those are sold. Hence, administrative steps, we feel, are very much required. Moreover, we have found that such approach greatly help the Intellectual Property owners.

Even it is not unlikely that the law enforcing authorities who would take care of the concerned Intellectual Properties by giving legal protections some times themselves are not aware of the nature and subject of illegality. Therefore, in such cases administration, customers and actual users, and even the retailers should be first helped to understand the real values behind any Intellectual Property and the legal rights behind it. In addition, they must also be given the sufficient opportunity to understand the real status of the situation, the standard and quality of the goods which the lawful Intellectual Property stands for.

The owners of Intellectual Properties are in general aware of the Geographical Locations of Infringement & Imitation of Intellectual Properties – such are those countries which are not developed but have many customers. Bangladesh is one of such countries where there are about 150 million customers using various foreign branded products from baby foods and various edible items to electronic goods, various machineries, medicines and chemicals, fabrics, construction and industrial materials, perfumes, and cosmetics and many more things, manufactured and marketed by the owners holding the genuine Intellectual Property rights. But at the same time with the help of the said modern facilities (e.g. easy availability of good printing systems, photographic accessories, computer technologies, various chemicals, and customized spare parts) the simple customers are randomly cheated and defrauded by the infringed and imitated products being deprived of the benefits of the required standards and quality.


 The Laws

Bangladesh is a party to the Convention establishing the World Intellectual Property Organization (WIPO) from January 1, 1987. In addition, Bangladesh is also a party to The Universal Copyright Convention, Berne Convention for the Protection of Literary and Artistic Works (Paris, 1971), and The Paris Convention for the Protection of Industrial Property of March 20, 1883. In Bangladesh the laws governing the Intellectual Property matters are:

A. The Patents and Designs Act, 1911;
B. The Trademarks Act, 1940; and
C. The Copyright Act, 2000.

In addition, there are several penal laws against the violations of various Intellectual Property Rights in The Penal Code of Bangladesh.

Moreover, Bangladesh is a party to The General Agreement of Tariffs and Trade 1994 (GATT), which includes the Chapter entitled “ Trade-Related Aspects of Intellectual Property Rights” (TRIPS) and, as such, makes her a Member of the World Trade Organization (WTO) family.
 

Administration

The Government of Bangladesh maintains The Copyright Office in Dhaka. All the courts of District Judge in each district and the Magistrates do take cases for judicial enforcement of various existing Intellectual Property laws of Bangladesh. The Supreme Court and the several courts of the High Court Division of the Supreme Court of Bangladesh hear the Intellectual Property appeal cases. The Government of Bangladesh maintains The Copyright Office in Dhaka.