As Bangladesh’s economy surges with foreign direct investment (FDI) reaching record highs in sectors like textiles, IT, and pharmaceuticals, protecting intellectual property (IP) has become paramount for international businesses. The Department of Patents, Designs, and Trademarks (DPDT) administers IP rights under modernized laws, including the Patent Act 2023 (effective February 2025), Trademarks Act 2009 (amended 2015), Copyright Act 2023, and Industrial Designs Act 2023. These align with TRIPS and international treaties like the Paris and Berne Conventions, offering foreigners equal treatment to locals. However, enforcement challenges persist due to limited resources, making proactive strategies essential. This guide outlines critical steps to safeguard your IP assets, from identification to ongoing compliance.
Identifying IP Assets
The foundation of IP protection begins with a comprehensive audit to pinpoint protectable assets. Foreign businesses should catalog:
- Inventions and Processes: Novel technologies, software algorithms, or manufacturing methods eligible for patents.
- Brands and Logos: Trademarks, service marks, and trade dress that distinguish your products.
- Creative Works: Literary, artistic, or digital content like software code, designs, or marketing materials for copyright.
- Product Aesthetics: Industrial designs for shapes, patterns, or ornamental features.
- Trade Secrets: Confidential formulas, customer lists, or know-how not publicly disclosed.
Conduct an internal review with legal counsel to classify assets by type and assess commercial value. Tools like WIPO’s IP diagnostics can help prioritize. In Bangladesh, unregistered IP offers limited recourse, so early identification prevents losses from counterfeiting, which costs the economy ~5% of imports annually. Engage a local IP firm for a tailored audit, as cultural nuances (e.g., protecting traditional adaptations) may apply.
Trademark Registration Process
Trademarks are vital for brand integrity in Bangladesh’s competitive market. Foreigners must file through a local agent under the Trademarks Act 2009.
- Preliminary Search: Optional but recommended; request via DPDT’s Trademark Registry (BDT 500-1,000, 2-3 days) to check conflicts.
- Application Filing: Submit Form TM-1 with mark representation, applicant details (name, address, nationality), goods/services classification (Nice system, Classes 1-45), and fees (BDT 3,500 per class). Power of Attorney (notarized and embassy-attested) is mandatory for foreigners.
- Examination: DPDT reviews for distinctiveness (3-6 months); respond to objections within 1 month.
- Publication: Accepted marks published in the DPDT Journal (4 months opposition window).
- Registration: If unopposed, certificate issued (7-year term, renewable every 10 years for BDT 3,000+).
Total timeline: 18-24 months. Well-known foreign marks get protection even unregistered if proven via international evidence.
Patent and Design Protection Steps
Patents and designs secure innovations and aesthetics, with the Patent Act 2023 introducing utility models for faster protection.
Patents
Foreign applicants claim Paris Convention priority (12 months).
- Filing: Submit Form 1/1A to DPDT with provisional/complete specification (Form 3/3A), drawings, abstract, and fees (BDT 10,000 for 25 pages/10 claims). Local agent required; priority document within 3 months.
- Formality Examination: Compliance check (1-3 months).
- Publication: After 18 months (or early request).
- Substantive Examination: Request within 36 months (BDT 5,000-10,000); respond to objections (6 months).
- Grant: 20-year term from filing; sealing fee BDT 3,000.
Timeline: 4-6 years.
Designs
Under the Industrial Designs Act 2023:
- Filing: Form for new/original designs (novelty required); fees BDT 2,000.
- Examination and Registration: 10-year initial term, renewable thrice for 5 years (max 25 years).
Foreigners file via agent; protection excludes functional aspects.
Copyright Filing Basics
Copyright arises automatically upon creation but registration aids enforcement under the Copyright Act 2023, extending to foreigners via Berne Convention.
- Eligibility: Original literary/artistic works, software, films; no formalities needed, but register for proof.
- Application: Submit Form IV to Copyright Office (Agargaon, Dhaka) with work copies, applicant details, fees (BDT 500-1,000), and Deed of Assignment if assigned. Foreigners use local agent.
- Examination: Registrar reviews (3-6 months); objections resolvable.
- Certificate: Lifetime of author +60 years (or 60 years from publication for corporate works).
Registration isn’t mandatory but strengthens infringement claims.
Conducting IP Searches
Pre-filing searches mitigate risks. DPDT offers official trademark/design/patent searches (BDT 500-2,000, 2-7 days). For copyrights, no formal search, but consult the Register. Use WIPO’s Global Databases for international overlaps. Engage agents for comprehensive due diligence, including market surveillance for counterfeits.
International IP Protection Options
Bangladesh’s treaties enable seamless extensions:
- Paris Convention: Priority for patents/designs/trademarks (6-12 months).
- Berne Convention: Automatic copyright reciprocity.
- Madrid Protocol: Not joined; file nationally or via regional systems.
- PCT/Hague: Patents/designs via WIPO for multi-country filing.
- TRIPS Compliance: Ensures minimum standards; post-LDC graduation (2026), stricter enforcement.
Foreign businesses can record IP with Bangladesh Customs for border enforcement.
Monitoring and Enforcing IP Rights
Vigilance is key; use watch services (BDT 10,000-50,000/year) for DPDT Journal scans and market checks. Enforcement via:
Mechanism | Description | Timeline/Outcome |
Civil Suits | District Courts; seek injunctions, damages, accounts of profits. | 1-3 years; appeals to High Court. |
Criminal Prosecution | Police raids, fines (up to BDT 2 lakh), imprisonment (2-10 years). | Faster (6-12 months); for willful infringement. |
Customs Actions | Record IP to block imports; detention/confiscation under Customs Act 1969. | Immediate; penalties up to 2x goods value. |
Administrative | DPDT oppositions/cancellations; Registrar bans infringing imports. | 3-6 months. |
Police cooperate on complaints but proactive monitoring is advised.
Handling Infringement Issues
Upon detection:
- Cease-and-Desist: Send legal notice (often resolves 40% of cases).
- Gather Evidence: Document infringement (photos, sales data).
- File Complaint: Police FIR for criminal; plaint for civil.
- Seek Interim Relief: Ex-parte injunctions common.
- Negotiate Settlement: Mediation via courts or arbitration.
Challenges include delays and low damages awards; success rates ~60% for registered IP. Foreign firms leverage TICFA for U.S. support.
Licensing and IP Agreements
Monetize IP via licensing, governed by contract law with IP-specific rules.
- Requirements: Written agreements specifying scope, royalties, duration, territory; register with DPDT for opposability (BDT 1,000-5,000).
- Types: Exclusive/non-exclusive; technology transfers need BIDA approval for FDI.
- Key Clauses: Confidentiality, infringement indemnity, termination, dispute resolution (arbitration via BANI).
- Enforceability: Courts uphold; breaches lead to damages/injunctions.
Draft with local counsel to comply with Foreign Exchange Regulations.
Ongoing IP Compliance and Renewals
Sustain protection through diligence:
IP Type | Renewal Period | Fees (BDT) | Grace Period |
Trademarks | Every 10 years post-7-year initial | 3,000+ per class | None; restore within 6 months + surcharge. |
Patents | Annual from Year 6 | 1,000-10,000 escalating | 2 years with petition. |
Designs | Every 5 years (3x after 10-year initial) | 2,000+ | 6 months. |
Copyright | Automatic; no renewal | N/A | N/A. |
Annual audits, record assignments/licenses, and report changes to DPDT. Non-compliance risks lapse; use portfolio management tools.
Foreign businesses thrive in Bangladesh by treating IP as a strategic asset. Partner with DPDT-registered agents for seamless navigation. Visit dpdt.gov.bd for forms and updates—your innovations deserve global safeguards in this emerging hub.