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To be opened
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In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Information on Developing Countries
(BRICs, VISTA, et cetera)
Patent engineering staff specialized in patent affairs : Naoyuki TAKENO
Design/trademark staff specialized in design/trademark affairs : Kazunori TAKEDA
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Bangladesh Intellectual Property Laws



1. Characteristics of the People's Republic of Bangladesh

The People’s Republic of Bangladesh (below, Bangladesh) is a country situated in South Asia with an area of 144,000 square kilometers (approximately forty percent of the area of Japan), and a population of 146,600,000 (provisional number for July 2009, Bangladesh Bureau of Statistics). It is one of the most densely populated countries in the world.

In addition, the country faces the Indian Ocean and except for a portion in the south-east where it touches Myanmar, borders India.

The capital is Dhaka, and most of the citizens are ethnically Bengali. Furthermore, Bangladesh means “Land of the Bengalis” in Bengali.

The national language is Bengali. The main religion is Islam (89.7% according to the 2001 national census). The flag is comprised of a red circle slightly left of the center of the flag (closer to the flagpole) against a green background.

As in 2005, Goldman Sachs ranked Bangladesh as one of the “Next Eleven” emerging countries, it can be said that in terms of international economy also, the level of attention towards Bangladesh has risen.

Also, Bangladesh was not greatly affected by the late-2000s financial crisis, and it has maintained firm progress (as of 2009). The GDP per capita for 2009 was 583 USD (nominal) and the real GDP growth rate reached 5.83%. Further, it is worth mentioning that 70,340,000 people, approximately 50% of the population, are mobile phone subscribers.

As far as relations with Japan are concerned, both export and import with regard to Japan increased from 2005 to 2009. Chief export products from Japan include vehicles, iron and steel, machinery, etc. Meanwhile, chief import products to Japan are garments, knit goods, and footwear. In addition, as of November 2010, ninety-seven Japanese companies, representing industries such as commerce, manufacturing, communications, transportation, construction, and clothing have expanded to Bangladesh.

Furthermore, in finance, the existence of microcredit, a no-collateral, low-interest financial system directed at those in poverty (microfinance institutions), is unique. Grameen Bank, which is located in Dhaka, is known as a microfinance institution.




2. Summary of Intellectual Property Rights in Bangladesh

2.1. Enacted laws in relation to intellectual property rights

Bangladesh has inherited the intellectual property legislative system of its former colonial master, Great Britain. The prevailing enacted laws deal with patents, designs, trademarks, and copyrights. Further, patents and designs are protected by the same law (The Patents and Designs Act, 1911) and regulations (The Patents and Designs Rules, 1933). In addition, there does not exist a system that corresponds to the Japanese utility model system.


- Enacted Laws -

  • ・The Patents and Designs Act, 1911
  • ・The Patents and Designs Rules, 1933
  • ・The Trademarks Act, 2009
  • ・The Trademarks Rules, 2009
  • ・The Copyright Act, 2000 (amended in 2005)

In addition, modernization and enhancement of intellectual property laws, modernization and functional strengthening of the Department of Patents, Designs and Trademarks (DPDT), etc. have been taken up, and steps in these directions are being planned and executed.



2.2 International agreements

Also, Bangladesh is a signatory to international treaties concerning intellectual property rights such as WIPO, the Paris Convention, the Berne Convention, and the WTO Agreement. Hence, it is possible to claim a priority right under the Paris Convention for patents, designs, and trademarks.




3. Statistics
  2012 2013 2014 2015
Patent The number of applications 354 303 293 340
Applications from foreign countries: 287 Applications from foreign countries: 243 Applications from foreign countries: 249 Applications from foreign countries: 299
Applications from Japan: 26 Applications from Japan: Applications from Japan: Applications from Japan: 27
The number of registered patents 153 134 121
Applications from foreign countries: 139 Applications from foreign countries: 118 Applications from foreign countries: 100 Applications from foreign countries:
Applications from Japan: Applications from Japan: Applications from Japan: Applications from Japan:
Design The number of applications 1198 1232 1379 1376
Applications from foreign countries: 84 Applications from foreign countries: 132 Applications from foreign countries: 134 Applications from foreign countries: 92
Applications from Japan: 3 Applications from Japan: Applications from Japan: Applications from Japan:
The number of registered designs 1056 984 802 771
Applications from foreign countries: 84 Applications from foreign countries: 141 Applications from foreign countries: 125 Applications from foreign countries: 90
Applications from Japan: 3 Applications from Japan: Applications from Japan: Applications from Japan:
Trademark The number of applications 11429 11581 11541 9322
Applications from foreign countries: 3135 Applications from foreign countries: 3580 Applications from foreign countries: 3611 Applications from foreign countries:
Applications from Japan: Applications from Japan: Applications from Japan: Applications from Japan:
The number of registered trademarks 2520 3021 4172
Applications from foreign countries: 1761 Applications from foreign countries: 2333 Applications from foreign countries: 3307 Applications from foreign countries:
Applications from Japan: Applications from Japan: Applications from Japan: Applications from Japan:

Blank parts in the table are parts which have not been found out.




4. Patent, Utility Model, and Trademark Systems

4.1Summary

Here is a summary of the patent, design, and trademark systems in Bangladesh:

Patents Designs Trademarks
Necessity of a local representative Necessary Necessary Necessary
Examination Exists Exists Exists
Request for examination None
Duration Sixteen years from filing date. Extension of ten more years possible. Five years from filing date. Up to two extensions of five years each are possible. Seven years from filing date. An extension of ten more years is possible upon renewal.
Filing of opposition Four months from publication Two months from publication
Invalidation trial Exists Exists Exists


4.2 Details

(Patent Law)

Applications with provisional specifications are allowed. In case of applying with a provisional specification, a complete specification must be submitted within nine months from the filing date (extension of one month possible).

Also, the complete specification must include and specify in detail the properties of the invention as well as its method of implementation.


Regardless of whether the specification is provisional or complete, the description content begins with a title. In addition, the complete specification must conclude with the claims of the invention (statement) separate from the text of the specification.

A substantive examination is initiated upon submission of a complete specification. If it fulfills all substantive requirements, the application is published and awaits opposition. The term for opposition is four months from the publication date. When there is no opposition, as well as if there is opposition but it is still desirable to grant the application a patent right, a patent is granted.



(Design Law)

1. Application documents

  • 1. Request
  • 2. Drawing(s) or photograph(s)
  • 3. Power of Attorney (notarization and authentication are not required)

* If an applicant is not an inventor (creator), a Deed of Assignment (notarization and authentication are necessary) is required to be filed.

* If a right of priority is claimed, a priority certificate and its English translation (notarization and authentication are necessary) are required to be filed. These documents can be filed within three months from the date of filing the application.



2. Main requirements

  • 1. Novelty and creativity
    →Exceptions to loss of novelty is applied if disclosure to the public is taken place in an exhibition or if the disclosure is made against an intention of a person who is entitled to a design right. In such a case, the application is required to be filed within six months from the date of the disclosure.
  • 2. Registrability: The design to be registered is required (i) to be an object, (ii) to have a shape, and (iii) to be recognized through the eye.
    →A mere mechanical device and a design opposed to the public order cannot be registered.


3. Unique system for design

  • 1. Bangladesh employs a secret design system.
    → It is possible to delay the disclosure of the registered design for two years from the date of the registration.
  • 2. A partial design system is not employed.


4. Duration

  • (1) Five years from the filing date of a design application
  • (2) Duration is extendable for five years by each renewal, and is renewable at most twice (procedure for renewal should be done before the duration expires.)
    →Longest duration is for 15 years from the filing date of a design application.


(Trademark Law)

1. Application documents

  • 1. Request
    →Main information included in the request are as below.
    • Applicant's name and address etc.
    • Industry to which the applicant belongs
    • Information indicating that a trademark to be filed is being used (the date to start using the trademark) in Bangladesh, or an intention to use the trademark.
  • 2. Designated goods and services
  • 3. Sample of the trademark
  • 4. Power of Attorney (notarization and authentication are not required)

* If a right of priority is claimed, a priority certificate and its English translation are required to be filed. These documents can be filed within three months from the date of filing the application.



2. Main requirements

(1) Protectable trademarks

The following trademarks are protectable.

  • 1. Name of a firm, an individual, or a corporation, which is expressed in a special or unique manner.
  • 2 One or more words.
  • 3. One or more words which (i) do not directly indicate a property or quality of goods and services, and (ii) which are not, from general meanings of the words, (a) a geographical name, (b) a name or its common abbreviation, or (c) a name of a political party, a caste or a tribe in Bangladesh.
  • 4. Other marks having distinctiveness.


(2) In Bangladesh, absolute grounds for refusal and relative grounds for refusal are both examined.

  • 1. Absolute grounds for refusal
    • A mark that includes a shameful matter.
    • A case where use of a mark violates the law being enforced.
    • A mark which is likely to cause misconception by being used.
    • A mark including a matter that is likely to damage religious feeling of Bangladeshi.
    • (i) An emblem, flag, or other medals of a nation, an international treaty, or an international organization, (ii) a name or an abbreviation of them, and (iii) a mark (a) that is identical to an official sign or a seal employed by them, (b) that is copied from the official sign or the seal employed by them, or (c) that includes a matter of the official sign or the seal employed by them (excluding a mark that is allowed by the nation or the organization).
    • A case where a trademark application is filed against justice for an illegal purpose.
  • 2. Relative grounds for refusal
    • A trademark that is identical to a registered trademark of the other person or having similarity that causes misconception with the registered trademark of the other person in the same category of goods or services.
    • Regarding a trademark that is identical to or having similarity that causes misconception with a trademark of the other person, which is known in Bangladesh, a case where the trademark that is identical to or similar to the trademark of the other person is used in goods or services that are identical to or similar to those of the trademark of the other person.
    • Regarding a filed trademark that is known in Bangladesh and that is identical to or similar to a registered trademark, a case where the filed trademark is used in goods or services different from or dissimilar to those of the known and registered trademark (Note that this can be applied only in a case where the filed trademark is used in a manner (i) that causes misconception that there is a relationship between (a) the goods or services designated by the filed trademark and (b) a trademark right holder of the registered trademark, or (ii) that is likely to damage a benefit of the trademark right holder of the registered trademark due to the use of the filed trademark).


3. Examination

  • 1. An application must be filed separately for every class
  • 2. If the requirements are satisfied, the application is accepted, and the application is published in the trademark journal. An opposition can be filed within two months from the publication of the application. If no opposition is filed, the application is registered.
  • 3. If the requirements are not satisfied, a Registrar issues a notification of reasons for refusal and requests the applicant to respond to the notification of reasons for refusal. The applicant is allowed to respond to the notification of reasons for refusal within three months. This response period can be prolonged for further two months.


4. Application fees

Application fees depend on the number of goods to be designated for one application.

*1 BDT (Bangladeshi Taka) = 1.42 JPY (Japanese Yen) (as of March 2016)

  • • If the number of designated goods is one, the application fees are 1,500 BDT (2,130 yen)
  • • If the number of designated goods is from two to four, the application fees are 2,500 BDT (3,550 yen)
  • • If the number of designated goods is five or more, the application fees are 3,500 BDT (4,970 yen)


5. Duration

  • (1) Seven years from the filing date of a trademark application (or the priority date of a trademark application in a case where the trademark application is an application claiming priority)
  • (2) Duration is extendable for 10 years (procedure for renewal should be done in six months before the date when the duration expires)


6. Other points to consider

  • (1) Cancellation of registered trademark due to no-use
    A registered trademark, which has not been continuously used on its designated goods and/or designated services for not less than 5 years, is to be cancelled.
  • (2) Assignment or transfer of registered trademark
    An owner of a trademark right can assign or transfer a part or the whole of designated goods and/or designated services of a registered trademark of the owner.


Reference Materials

(MOFA website)

People’s Republic of Bangladesh - basic information

http://www.mofa.go.jp/mofaj/area/bangladesh/data.html


Japan External Trade Organization (JETRO)

Bangladesh - basic information/overall condition (Japanese)

http://www.jetro.go.jp/world/asia/bd/basic_01/


Bangladesh - investment system, systems in relation to the supply of technology, industry and intellectual property(Japanese)

http://www.jetro.go.jp/world/asia/bd/invest_08/


Support for Foreign Industrial Property Right System – JPO Entrusted Program

A miniguide to the world’s industrial property systems and industrial property infringement countermeasures (Japanese)

http://www.iprsupport-jpo.go.jp/soudan/miniguide/miniguide.html


[WIPO]

・RESOURCES>WIPO Lex - Bangladesh

http://www.wipo.int/wipolex/en/profile.jsp?code=BD


・WIPO Regional Workshop on Effective Management of Intellectual Property Academies: Challenges and Responses[February 2, 2010 to February 4, 2010 (Jakarta, Indonesia)] - Country Report - Bangladesh

http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=140616


Department of Patents, Designs and Trademarks (DPDT)

Homepage

http://www.dpdt.gov.bd/



※1 MOFA website People’s Republic of Bangladesh (accessed November 2010)

※2 Japan External Trade Organization (JETRO) Bangladesh basic information/overall condition (last updated 2/28/2011)

※3 WIPO- Country Report - Bangladesh (posted 2/4/2011)


Patent and Trademark Attorney


Representative of Hiroshima Office
Patent&Trademark Attorney
Researcher
Naoyuki TAKENO
Naoyuki TAKENO Mr. TAKENO, born in 1970, holds a bachelor’s degree in material engineering.
He is mainly in charge of machinery, control, electricity & electronics, and information technology.

With the recent growth of importance of intellectual property right, it has been essential to construct an appropriate intellectual property strategy from the technical and legal points of view. Under this circumstance, I will continue to develop myself in order to be able to sincerely respond to our clients’ requests.

Osaka Legal Department Trademark Division Manager
Legal Department
Patent&Trademark Attorney / Specially Qualified Attorney For Infringement Litigation
Researcher
Kazunori TAKEDA
Kazunori TAKEDA Majored in science of business law.
Specialized in design, trademark, copyright, computer program registration, semiconductor circuit layout-design registration.

As a patent attorney, I feel a great responsibility for establishing and protecting our clients’ important intellectual property rights.
I will make every effort to be of great assistance to our clients.
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