Intellectual Property Rights

The development of the IP system depends on the effective enforceability of IP rights. Bangladesh present IP enforcement mechanisms are well organized and the agencies are now well coordinated and their effective measures can limit the number of violations.
Infringement is a common problem in the developing countries like Bangladesh but the law enforcing agencies are showing significant developments in enforcing and protecting the Intellectual Property (IP) Rights in Bangladesh. Acquiring and or securing IP rights is of little economic value if these rights cannot be enforced effectively. The development of the IP system depends on the effective enforceability of IP rights. Bangladesh present IP enforcement mechanisms are well organized and the agencies are now well coordinated and their effective measures can limit the number of violations. The Government has enacted the new law, The Trademarks Act, 2009 giving the scope to protect the services under International Classes 34-45. The said Act has a clause (109) authorizing the customs officials to call for records and disclose the source of importing items prohibited under the Customs Act, 1969, Section 15(d)(e) & (f). 

To enforce the IP Rights or to limit the violations of IP Rights in Bangladesh the different agencies of the Bangladesh Government are empowered to take effective action under different provisions of the law. The present functional agencies are - Mobile Courts, Rapid Action Battalion (RAB) and the local Police. The agencies are working under different teams in different areas. The IP Right holders can take necessary assistance and co-operation from the aforesaid agencies. 

It is possible to minimize the risk of violations by routine monitor and investigation of the markets in different fields and in different parts of the country. The necessary legal action depends on the nature of violation. However, remedies are available under the following provisions:- 

1. The Trademarks Act, 2009 

Chapter X: Offenses, Penalties and Procedure

Sections 73 - 91 of the Trademarks Act, 2009 are the relevant provisions for criminal proceeding for trademarks right violation in Bangladesh. If anybody commits offense as described in items (a) to (g) in Section 73 shall be liable for the first offense to pay penalty of Tk. 200,000 with sentence of two years and Tk. 300,000 and three years sentence for the second offense. The other sections are also open depending on the nature of violations.

2. The Customs Act [IV of 1969], Chapter IV.
Prohibition and Restriction of Importation and Exportation.

Section-15. Prohibitions. No goods specified in the following clauses shall be brought, whether by air or land or sea, in to Bangladesh:-

(d) goods having applied thereto a counterfeit trademark within the meaning of Bangladesh Penal Code or a false trade description within the meaning of the Merchandise Marks Act.

Section 17 - Detention and confiscation of goods imported in breach of Section 15 or Section 16. Where any goods are imported into or attempted to be exported out of Bangladesh in violation of the provisions of Section 15 …. such goods shall, without prejudice to any other penalty to which the offender may be liable under this Act, or any other law, but subject to rules, be liable to seizure and confiscation.

There are various sections that deal with trademarks infringement and other violations. The relevant provisions are Section 78 to 489.

https://www.linkedin.com/pulse/enforcement-intellectual-property-rights-bangladesh-bhuiyan