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Laws on Protecting Intangible Asset In Bangladesh

January 9, 2023by Alok Raj0

IP framework history of Bangladesh

Patents, Designs, and Trademarks Act of 1883 were the first enactment found to secure intellectual property in Bangladesh. Notwithstanding, it was canceled, and the new Patents and Designs Act of 1911 and the Trademarks Act of 1940 were established individually. At that point, in 2003, both these Acts were changed, and the Departments of Patents, Designs, and Trademarks (DPDT) was made by combining two autonomously operational workplaces – the Patent Office and the Trademark Registry Office. The Trademarks Act 2009 was authorized after the Trademarks Ordinance was declared in 2008.

The copyright framework in Bangladesh has come about from the British Copyright System and the Copyright Ordinance that was proclaimed by the amalgamation of various Copyright Laws in 1962. After the organization of this Ordinance up to 1999, the Copyright Act was instituted in 2000 and changed in 2005.

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Present Situation

As a result of the effect of globalization in the business condition, Intellectual Property Law in Bangladesh has now become a worldwide concern. Bangladesh took part in the show establishing the World Intellectual Property Organization (WIPO) on May 11, 1985. It turned into a legitimate individual from the Paris Convention for the Protection of Industrial Property and of the Berne Convention for the Protection of Literary and Artistic Works in 1991 and 1999 separately. It is additionally a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) understanding of the World Trade Organization (WTO).

Trademark Law and Registration Process

A registered trademark in Bangladesh may valid for seven years but it can be renewed after ten years. The brand name applications, enrollments, refusals, and so forth are prepared by the Trademark Act 2009 and Trademark Rules 2015.

In Bangladesh, the candidate may direct a pre-filing search before the recording of the application in.

  • After getting the application, the enlistment center issues a lawful filing receipt, including application number, date of documenting, and so on.
  • The application experiences an assessment on two viewpoints – general consistence with the law and uniqueness.
  • Upon fulfillment, the enlistment center issues a Letter of Acceptance to distribute the imprint in the Trademarks Journal for outsider protests/resistances.
  • In the event that no protest/resistance is documented inside the specified restriction time of two months from the date of distribution, the recorder will give the brand name enlistment endorsement.

Patent and Industrial Designs

In Bangladesh, the Patents and Designs Act of 1911 and the Patent and Design Rules of 1933 guide the Patent and Design Rights. The DPDT gives patent assurance to 16 years under these laws.

Alok Raj

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