
Intellectual Property Protection in Bangladesh
Bangladesh, a rapidly growing economy driven by textiles, pharmaceuticals, and agriculture, is emerging as a key player in South Asian manufacturing. Protecting IP is crucial to foster innovation, attract investment, and combat counterfeiting in a market with increasing industrial activity but evolving IP enforcement. Our firm provides expert trademark and patent services to safeguard your brands and inventions in Bangladesh.
Trademarks
Trademark protection in Bangladesh is governed by the Trademarks Act, 2009, which replaced the earlier Trademarks Act of 1940. This modern legislation aligns Bangladesh’s trademark system with international standards, including compliance with the Paris Convention and the TRIPS Agreement. The Department of Patents, Designs, and Trademarks (DPDT) is the primary authority responsible for administering trademark registrations and related matters in
Bangladesh.
Trademark Registration Process
Securing a trademark in Bangladesh involves a structured process that ensures your mark is unique and legally protected. The key steps include:
1. Trademark Search: Before filing, it is advisable to conduct a search to ensure your mark is not already in use or registered.
2. Filing the Application: Submit the trademark application to the DPDT, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information.
3. Examination: The DPDT examines the application to ensure it meets legal requirements, including distinctiveness and non-conflict with existing marks.
4. Publication: If the application passes examination, it is published in the Trademarks Journal, allowing third parties to oppose the registration within three months.
5. Opposition Period: During the three-month opposition window, any party can challenge the registration if they believe it infringes on their rights.
6. Registration: If no opposition is filed or if any opposition is resolved in your favor, the trademark is registered, and a certificate is issued.
The entire process typically takes 12 to 18 months, depending on whether oppositions are filed. Our firm manages every step, ensuring a smooth and efficient registration experience.
Patents
Patent protection in Bangladesh is governed by the Patents and Designs Act, 1911, amended periodically, and administered by the Department of Patents, Designs, and Trademarks (DPDT) under the Ministry of Industries. Bangladesh is a member of the Paris Convention and TRIPS Agreement but not the Patent Cooperation Treaty (PCT), requiring direct local filings. The legal framework is outdated but functional, with efforts underway to modernize IP laws.
● Patentable Subject Matter: Inventions that are novel, involve an inventive step, and are industrially applicable are patentable. Exclusions include discoveries, scientific theories, mathematical methods, and inventions contrary to public order or morality.
● Patent Types: The law covers utility patents and industrial designs. Utility models and plant varieties are not explicitly addressed, though plant protection is under consideration as per TRIPS obligations.
● Duration: Patents are protected for 16 years from the filing date, renewable for an additional 10 years upon request, subject to payment of fees.
● Examination Process: DPDT conducts both formal and substantive examinations, though resource constraints may lead to delays. Substantive examination focuses on novelty, inventive step, and industrial applicability.
● International Considerations: Without PCT membership, foreign applicants must file directly with DPDT. Priority claims based on Paris Convention filings (within 12 months) are recognized, facilitating international applicants.
Contact Us
Ready to protect your IP in Bangladesh? Contact us today for a consultation with our expert IP team. Let us help you secure your brand in this dynamic market.