The Intellectual Property law needs reform | The Business Standard
Skip to main content
  • Latest
  • Economy
    • Banking
    • Stocks
    • Industry
    • Analysis
    • Bazaar
    • RMG
    • Corporates
    • Aviation
  • Videos
    • TBS Today
    • TBS Stories
    • TBS World
    • News of the day
    • TBS Programs
    • Podcast
    • Editor's Pick
  • World+Biz
  • Features
    • Panorama
    • The Big Picture
    • Pursuit
    • Habitat
    • Thoughts
    • Splash
    • Mode
    • Tech
    • Explorer
    • Brands
    • In Focus
    • Book Review
    • Earth
    • Food
    • Luxury
    • Wheels
  • Subscribe
    • Epaper
    • GOVT. Ad
  • More
    • Sports
    • TBS Graduates
    • Bangladesh
    • Supplement
    • Infograph
    • Archive
    • Gallery
    • Long Read
    • Interviews
    • Offbeat
    • Magazine
    • Climate Change
    • Health
    • Cartoons
  • বাংলা
The Business Standard

Sunday
July 13, 2025

Sign In
Subscribe
  • Latest
  • Economy
    • Banking
    • Stocks
    • Industry
    • Analysis
    • Bazaar
    • RMG
    • Corporates
    • Aviation
  • Videos
    • TBS Today
    • TBS Stories
    • TBS World
    • News of the day
    • TBS Programs
    • Podcast
    • Editor's Pick
  • World+Biz
  • Features
    • Panorama
    • The Big Picture
    • Pursuit
    • Habitat
    • Thoughts
    • Splash
    • Mode
    • Tech
    • Explorer
    • Brands
    • In Focus
    • Book Review
    • Earth
    • Food
    • Luxury
    • Wheels
  • Subscribe
    • Epaper
    • GOVT. Ad
  • More
    • Sports
    • TBS Graduates
    • Bangladesh
    • Supplement
    • Infograph
    • Archive
    • Gallery
    • Long Read
    • Interviews
    • Offbeat
    • Magazine
    • Climate Change
    • Health
    • Cartoons
  • বাংলা
SUNDAY, JULY 13, 2025
The Intellectual Property law needs reform

Thoughts

Tazmim Hossain Mim
15 November, 2020, 11:35 am
Last modified: 15 November, 2020, 12:02 pm

Related News

  • Why legal literacy should be mandatory in every Bangladeshi school
  • Over 12 lakh receive govt legal aid since 2009
  • Alien Enemies Act: The wartime law Trump is using to justify deportations
  • Is Qatar's gift of a plane to Trump allowed under US law?
  • Bangladesh's history of bans on political parties, organisations

The Intellectual Property law needs reform

IP laws were enacted during the British colonial era, they have become obsolete and subsequently requires immediate amendments

Tazmim Hossain Mim
15 November, 2020, 11:35 am
Last modified: 15 November, 2020, 12:02 pm
Tazmim Hossain Mim
Tazmim Hossain Mim

Intellectual property (IP) encompasses the human intellect's intangible creations, which is usually expressed or translated into a tangible form. IP is valuable because it represents ownership and an exclusive right to use, manufacture, reproduce, or promote a unique creation or idea. For this purpose, it has the potential to be one of the most valuable assets an individual can own. 

In the era of globalisation, IP rights must be protected at a local level as well as international level. Currently, in Bangladesh, the prevailing laws in regards to safeguarding IP rights are Trademarks Act, 2009; Copyright Act, 2000; and Patents and Designs Act, 1911. 

TBS Illustration.
TBS Illustration.

In 1985, Bangladesh participated in the convention establishing the World Intellectual Property Organization (WIPO). Bangladesh became a party to the Paris Convention for the Protection of Industrial Property in 1991 and the Berne Convention for the Protection of Literary and Artistic Works in 1999.

The Business Standard Google News Keep updated, follow The Business Standard's Google news channel

Department of Patents, Designs & Trademarks (DPDT) under the Ministry of Industries (MOI) and the Copyright Office under the Ministry of Cultural Affairs (MOCA) administers the country's IP Law. Bangladesh is also a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization (WTO). 

Many international brands have come to Bangladesh to conduct business in recent years but are not getting proper IP law protection. The IP law components contribute to the social, economic, and human development of a country. The implementation of substantial IP rights raises disputes because of the negligible technological efforts in Bangladesh. Bangladesh has relatively elaborate IP laws but is not inclusive of adequate protection for international brands. 

However, as these IP laws were enacted during the British colonial era, they have become obsolete and subsequently requires immediate amendments. There also is not adequate protection for international brands. These laws, especially the patent law, do not accurately describe the inventions which are meant to protect.  Besides, in many cases, the implementation process is not adequate. 

Following the liberation of Bangladesh, hardly any measures were taken to exclude the anomalies. The purpose may be that the amount of technological invention in Bangladesh is negligible and demands no attraction. Moreover, the fact is that TRIPS is not a mere legal document. It encompasses economic, environmental, social issues, and specific measures necessary to cope with IP issues, TRIPS Agreement, and WTO obligation. However, with the emergence of the TRIPS Agreement, it has become an absolute obligation to reform IP laws. 

Additionally, our trademark registration process is slow. The reason could be that Bangladesh is not a member of the international trademark protection regime, including the Madrid Union, the Nice Agreement, and the Singapore Treaty on the Law of Trademarks. 

Our neighbouring India has joined the Madrid union recently, which acquiesced to the protocol in 2013. As per the Madrid system, trademark registration can be forwarded to other member states, and there are 105 member countries in the Madrid Union. Furthermore, according to article 4 of the Paris Convention, an international registration will be entitled to the "right of priority." In the Nice Agreement, the international classification of goods and services is prevalent. 

Also, the Singapore Treaty aims to standardize the procedure of trademark registration on the Law. Forty-nine countries are state parties to the Singapore Treaty, and 88 countries are state parties to the Nice Agreement. Intellectual property law includes the Hague Agreement concerning the International Registration of Industrial Designs and the Patent Law Treaty, which is an essential international instrument on IP Law. 

For instance, Canada is the latest entrants in the global trademark regime. According to the government of Canada, after joining the Singapore Treaty, the Madrid Protocol, and the Nice Agreement, their businesses and innovators now have access to efficient means of protecting their trademarks in various jurisdictions around the world.

The United States Department of State says that countries protect IP because, "they know safeguarding property rights fosters economic growth, provides incentives for technological innovation and attracts investment that will create new jobs and opportunities for all citizens." In the United States, 50 percent of exports from the US now depend on some form of IP protection compared to less than 10 percent fifty years ago.

Many foreign brands may find it difficult and perhaps be discouraged to open up shop in Bangladesh without adequate protection of trademarks and other additional intellectual property rights. We have some updated laws on the point, but still, they are not sufficient for comprehensive protection. It is certain to discourage potential foreign investments that the Bangladesh government is seeking to court ever so earnestly. 


Tazmim Hossain Mim is a Research Associate  at Bangladesh Forum for Legal and Humanitarian Affairs (BFLHA).


Bangladesh Forum for Legal & Humanitarian Affairs (BFLHA) is a non-profit organization that works in the field of social justice by promoting human rights, providing pro bono preliminary legal aid, fighting for rule of law, conducting extensive legal research, & organizing humanitarian campaigns.

BFLHA / British colonial era / Intellectual property / Law

Comments

While most comments will be posted if they are on-topic and not abusive, moderation decisions are subjective. Published comments are readers’ own views and The Business Standard does not endorse any of the readers’ comments.

Top Stories

  • Dollar price plummets by Tk2.9 in a week as demand wanes
    Dollar price plummets by Tk2.9 in a week as demand wanes
  • Screengrab blurred
    Mitford murder sparks political storm as BNP on backfoot, Jamaat and NCP pounce
  • Representational image
    Some issues remain unresolved despite progress in 2nd round of US tariff talks: Press Minister Mortoza

MOST VIEWED

  • Representational image
    In addition to 35% tariff, US demands 40% local value addition for 'Made in Bangladesh' goods
  • RAB Director General AKM Shahidur Rahman speaks at the press briefing on a fake bomb threat on Biman Bangladesh flight on Saturday, 12 July 2025. Photo: TBS
    Mother faked bomb threat on Biman flight to stop married son from flying with girlfriend: RAB
  • Screengrab blurred
    Killers bash in head of man with rock, stomp body with perverse pleasure
  • Photo: UNB
    Saima Wazed Putul ‘placed on indefinite leave’ from WHO role amid corruption allegations
  • How tender rules and a lone bidder stall a $2.5b power plant
    How tender rules and a lone bidder stall a $2.5b power plant
  • Bangladesh and US hold tariff talks on 11 July 2025. Photo: CA Press Wing
    Dhaka, Washington yet to agree on 20% of US tariff conditions: BGMEA

Related News

  • Why legal literacy should be mandatory in every Bangladeshi school
  • Over 12 lakh receive govt legal aid since 2009
  • Alien Enemies Act: The wartime law Trump is using to justify deportations
  • Is Qatar's gift of a plane to Trump allowed under US law?
  • Bangladesh's history of bans on political parties, organisations

Features

The 2020 Harrier's Porsche Cayenne coupe-like rear roofline, integrated LED lighting with the Modellista special bodykit all around, and a swanky front grille scream OEM Plus for the sophisticated enthusiast looking for a bigger family car that isn’t boring. PHOTO: Ahbaar Mohammad

2020 Toyota Harrier Hybrid: The Japanese Macan

9h | Wheels
The showroom was launched through a lavish event held there, and in attendance were DHS Motors’ Managing Director Nafees Khundker, CEO Imran Zaman Khan, and GMs Arman Rashid and Farhan Samad. PHOTO: Akif Hamid

GAC inaugurate flagship showroom in Dhaka

9h | Wheels
After India's visa restriction, China's Kunming is drawing Bangladeshi patients

After India's visa restriction, China's Kunming is drawing Bangladeshi patients

1d | Panorama
Photo: Collected/BBC

What Hitler’s tariff policy misfire can teach the modern world

2d | The Big Picture

More Videos from TBS

Why is there a mystery surrounding the death of 'Jalibi' actress Humaira?

Why is there a mystery surrounding the death of 'Jalibi' actress Humaira?

1h | TBS World
Why cockpit audio deepens the mystery of Air India crash

Why cockpit audio deepens the mystery of Air India crash

2h | Others
Housing officer shot in Pallavi for not paying bribe

Housing officer shot in Pallavi for not paying bribe

3h | TBS Today
BNP does not protect criminals like Sheikh Hasina: Rizvi

BNP does not protect criminals like Sheikh Hasina: Rizvi

2h | TBS Today
EMAIL US
contact@tbsnews.net
FOLLOW US
WHATSAPP
+880 1847416158
The Business Standard
  • About Us
  • Contact us
  • Sitemap
  • Advertisement
  • Privacy Policy
  • Comment Policy
Copyright © 2025
The Business Standard All rights reserved
Technical Partner: RSI Lab

Contact Us

The Business Standard

Main Office -4/A, Eskaton Garden, Dhaka- 1000

Phone: +8801847 416158 - 59

Send Opinion articles to - oped.tbs@gmail.com

For advertisement- sales@tbsnews.net