KEY INFORMATION REGARDING INTELLECTUAL PROPERTY PROTECTION IN BANLADESH

The relevant intellectual property laws in Bangladesh are as follows:

(i)            Copyright Act 2023

(ii)           Trademarks Act 2009

(iii)          The Patents and Designs Act 1911 and

(iv)          Geographical Indication (Registration and Protection) Act 2013

The registration of intellectual property rights is not mandatory under the aforesaid applicable laws. 

Bangladesh Copyright Office is the authority responsible for providing registration of copyright and the Department of Patent, Design and Trademark (DPDT) deals with registration of trademark, patent and design rights.

Once a trademark is registered, the registered proprietor acquires an exclusive right to use the said trademark for the concerned class of goods and service. 

A registered trademark is infringed as per the laws of Bangladesh if the disputed trademark creates a risk of confusion in the minds of the public and actual confusion is not required. 

The registered proprietor can file a suit for infringement of trademark in the District Court and seek for injunction. 

Under the Trademarks Act, 2009, the owner of an unregistered trademark can initiate legal action for passing off only and not for infringement of trademark. This is not applicable for copyright or design in which case claim can only be made if it is registered.

Reputed international trademarks receive priority by virtue of case law and section 120 of the Trademarks Act 2009.

Bangladesh a signatory to the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

The applicable domestic intellectual property law takes precedence over the international relevant international agreements.

To learn about the procedure for registering a trademark in Bangladesh, click here.