Intellectual Property Claims in Bangladesh: A Comprehensive Guide by TRW Law Firm
Introduction to Intellectual Property (IP) in Bangladesh
Intellectual Property (IP) refers to the legal rights granted to individuals and businesses over their creations and inventions. These rights provide protection against unauthorized use and infringement, ensuring that innovators, artists, and businesses benefit from their intellectual efforts. Bangladesh has a growing economy with increasing recognition of the importance of intellectual property rights (IPRs). The legal framework governing IP in Bangladesh includes laws on trademarks, copyrights, patents, industrial designs, and trade secrets.
As one of the leading law firms in Bangladesh, TRW Law Firm has extensive expertise in handling intellectual property claims involving enforcement, registration, disputes, and litigation. This article provides a detailed overview of IP laws in Bangladesh, the procedures for making claims, the enforcement mechanisms, and how TRW Law Firm can assist businesses and individuals in protecting their IP assets.
Intellectual Property Laws and Regulatory Framework in Bangladesh
Bangladesh is a signatory to multiple international conventions on intellectual property, including the World Intellectual Property Organization (WIPO) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO). The primary legislation governing IP rights in Bangladesh includes:
✅ The Trademarks Act, 2009 – Governs the registration and protection of trademarks.
✅ The Copyright Act, 2000 – Protects literary, artistic, and creative works.
✅ The Patents and Designs Act, 1911 – Regulates patents and industrial designs.
✅ The Geographical Indications of Goods (Registration and Protection) Act, 2013 – Safeguards geographical indications (GIs).
✅ The Trade Secrets Protection Act (Proposed) – Expected to introduce stronger protection for confidential business information.
The Department of Patents, Designs, and Trademarks (DPDT) under the Ministry of Industries is the key regulatory body responsible for administering IP rights in Bangladesh.
1. Trademark Claims in Bangladesh
1.1 What is a Trademark?
A trademark is a unique symbol, word, phrase, or design that distinguishes a business’s goods or services from competitors. In Bangladesh, trademarks must be registered with the DPDT to ensure legal protection.
1.2 Filing a Trademark Claim
A trademark claim may be filed in Bangladesh under the following circumstances:
✔ Trademark Infringement – Unauthorized use of a registered trademark.
✔ Passing Off – Misrepresentation of goods/services as those of another business.
✔ Opposition to Registration – Challenging a trademark application before it is granted.
✔ Dilution Claims – Unauthorized use that weakens the distinctiveness of a well-known trademark.
Procedure for Filing a Trademark Claim:
- Filing a complaint with the DPDT or initiating a civil lawsuit in court.
- Issuing cease and desist notices to infringers.
- Seeking injunctive relief to stop unauthorized use.
- Claiming damages for financial losses incurred due to infringement.
1.3 How TRW Law Firm Can Help with Trademark Disputes
TRW Law Firm provides comprehensive legal support for trademark disputes, including:
✅ Conducting trademark searches and ensuring proper registration.
✅ Handling trademark opposition and responding to objections.
✅ Representing clients in trademark litigation before the High Court.
✅ Assisting with customs enforcement to prevent counterfeit goods.
2. Copyright Claims in Bangladesh
2.1 What is Copyright Protection?
Copyright protects original works of authorship, including books, music, films, software, and artistic works. Registration is not mandatory in Bangladesh for copyright protection, but it serves as evidence in disputes.
2.2 Filing a Copyright Claim
A copyright claim can be filed under the following conditions:
✔ Unauthorized reproduction, distribution, or performance of a copyrighted work.
✔ Plagiarism or copying of written, visual, or audio content.
✔ Digital copyright infringement, including piracy and software counterfeiting.
Procedure for Filing a Copyright Claim:
- Sending a legal notice to the infringer.
- Filing a civil or criminal lawsuit under the Copyright Act, 2000.
- Seeking injunctive relief to stop further infringement.
- Claiming damages for financial losses.
2.3 How TRW Law Firm Can Assist
TRW Law Firm offers expert legal services in copyright protection:
✅ Handling copyright registration and litigation.
✅ Representing clients in copyright infringement cases.
✅ Enforcing digital copyright laws and addressing online piracy.
3. Patent and Industrial Design Claims
3.1 Patent Protection in Bangladesh
A patent provides an inventor with exclusive rights to their invention for a period of 20 years. The Patents and Designs Act, 1911 governs patent protection.
3.2 Filing a Patent Claim
Patent claims arise in cases of:
✔ Patent Infringement – Unauthorized manufacturing or selling of a patented invention.
✔ Patent Ownership Disputes – Conflicts regarding inventorship or rights.
✔ Invalidation Actions – Challenging the validity of a granted patent.
Procedure for Filing a Patent Claim:
- Filing a complaint with the DPDT.
- Initiating legal action in the High Court Division.
- Requesting injunctions and damages for infringement.
3.3 How TRW Law Firm Can Help with Patent Cases
TRW Law Firm offers services in:
✅ Patent registration and prosecution.
✅ Patent litigation and dispute resolution.
✅ Advisory services on patent licensing and technology transfers.
4. Trade Secret Protection in Bangladesh
4.1 What Are Trade Secrets?
Trade secrets include confidential business information, such as formulas, processes, and strategies.
4.2 How to Protect Trade Secrets
Since Bangladesh lacks specific trade secret legislation, businesses must rely on contractual agreements for protection.
✔ NDAs (Non-Disclosure Agreements) for employees and partners.
✔ Confidentiality Clauses in commercial contracts.
✔ Legal action for misappropriation of trade secrets under existing laws.
4.3 How TRW Law Firm Can Assist with Trade Secret Protection
✅ Drafting NDAs and confidentiality agreements.
✅ Advising on corporate policies to safeguard trade secrets.
✅ Handling trade secret litigation and misappropriation claims.
Conclusion: Protect Your IP Rights with TRW Law Firm
IP protection is essential for businesses and innovators in Bangladesh. TRW Law Firm provides expert legal services for intellectual property claims, including trademark disputes, copyright protection, patent litigation, and trade secret enforcement. If you require legal assistance in protecting your intellectual property, contact TRW Law Firm today.
Contact TRW Law Firm
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info@trfirm.com
info@trwbd.com
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