table of contents
Characteristics of the People's Republic of Bangladesh
The People's Republic of Bangladesh (hereinafter referred to as "Bangladesh") is a country located in South Asia with an area of 144,000 square kilometers (approximately 40% of Japan). The population is 146.6 million (as of July 2009, provisional figures, Bangladesh Bureau of Statistics), making it one of the most densely populated countries in the world.
In addition, the country faces the Indian Ocean, borders Myanmar in a part of the southeast, and shares a border with India in other parts.
The capital is Dhaka, and the ethnic composition is predominantly Bengali. Furthermore, Bangladesh means "Land of Bengal" in Bengali.
The national language is Bengali, and the predominant religion is Islam (89.7%, 2001 census). The national flag is a green field with a red circle drawn slightly to the left of the center (closer to the flagpole).
In 2005, Goldman Sachs ranked Bangladesh as one of the "Next 11" emerging economies, and it can be said that Bangladesh is gaining attention from an international economic perspective.
In addition, it has not been significantly affected by the global financial crisis since the fall of 2008, and has remained steady (as of 2009). In 2009, the per capita GDP (nominal) was $583, and the real GDP growth rate was 5.83% [1]. It should be noted that the number of registered mobile phone users is 70.34 million, or approximately 50% of the population [2].
In terms of relations with Japan, both Japan's exports and imports increased from 2005 to 2009. The main export items from Japan are transportation opportunities, iron and steel, and machinery. On the other hand, the main items imported to Japan are cloth products, knit products, and footwear. Furthermore, as of November 2010, 97 Japanese companies have expanded into the country in industries such as trading, manufacturing, communications, transportation, construction, and clothing.[2]
In addition, in terms of finance, Japan is unique in that there are unsecured lending institutions (microfinance institutions) with relatively low interest rates targeting the poor called microcredit. Grameen Bank, located in Dhaka, is a well-known microfinance institution.
Overview of intellectual property rights in Bangladesh
Legislation related to intellectual property rights
Bangladesh inherited its intellectual property legal system from its former colonial master, the United Kingdom. Major enacted laws include patents, designs, trademarks, and copyrights. The Patent Act and the Design Act are protected by the same law (Patent and Design Act 1911) and regulations (Patent and Design Act Regulations 1933). Furthermore, there is no system comparable to Japan's utility model system.
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- ・Patent Design Law 1911
- ・Patent Design Regulations 1933
- ・Trademark Law 2009 *Current law: 2015 revised version
- ・Trademark Law Regulations 1963
- ・Copyright 2000
- ・Geographical Indication Law 2013 regarding products
In addition, in recent years, issues such as the modernization and enhancement of intellectual property rights-related laws and the modernization and functional enhancement of organizations such as the Department of Patents, Designs, and Trademarks (DPDT) have been taken up in Bangladesh, and efforts are being made to address these issues. are being planned/implemented.
international agreement
Additionally, Bangladesh is a member of international agreements on intellectual property rights such as WIPO, the Paris Convention, the Berne Convention, and the WTO Agreement. Therefore, it is possible to claim priority under the Paris Convention in applications for patents, designs, and trademarks.
As of October 2010, Japan is not a member of the Patent Cooperation Treaty (PCT), but is considering joining. Furthermore, it is not a member of the Trademark Law Treaty (TLT) or the Madrid Protocol.
statistics
| 2012 | 2013 | 2014 | 2015 | ||
| Patent | Number of applications | 354 | 303 | 293 | 340 |
| Foreign application: 287 | Foreign application: 243 | Foreign application: 249 | Foreign application: 299 | ||
| From Japan: 26 | From Japan: | From Japan: | From Japan: 27 | ||
| Number of registrations | 153 | 134 | 121 | ||
| Foreign application: 139 | Foreign application: 118 | Foreign application: 100 | Foreign application: | ||
| From Japan: | From Japan: | From Japan: | From Japan: | ||
| design | Number of applications | 1198 | 1232 | 1379 | 1376 |
| Foreign application: 84 | Foreign application: 132 | Foreign application: 134 | Foreign application: 92 | ||
| From Japan: 3 | From Japan: | From Japan: | From Japan: | ||
| Number of registrations | 1056 | 984 | 802 | 771 | |
| Foreign application: 84 | Foreign application: 141 | Foreign application: 125 | Foreign application: 90 | ||
| From Japan: 3 | From Japan: | From Japan: | From Japan: | ||
| 商標 | Number of applications | 11429 | 11581 | 11541 | 9322 |
| Foreign application: 3135 | Foreign application: 3580 | Foreign application: 3611 | Foreign application: | ||
| From Japan: | From Japan: | From Japan: | From Japan: | ||
| Number of registrations | 2520 | 3021 | 4172 | ||
| Foreign application: 1761 | Foreign application: 2333 | Foreign application: 3307 | Foreign application: | ||
| From Japan: | From Japan: | From Japan: | From Japan: | ||
*Unfilled portions cannot be confirmed.
About patent, design, and trademark systems
System overview
An overview of the patent, design, and trademark systems in Bangladesh is as follows.
| Patent | design | 商標 | |
| Application language | English | English | English |
| The need for a local agent | want | want | want |
| Examination system | will get | will get | will get |
| Request for examination | No | - | - |
| grace period | will get | will get | will get |
| Duration | 16 years from the filing date. It can be extended for a further 10 years. | 5 years from the filing date. Later, it can be extended twice by five years. | 7 years from the filing date. Can be extended for another 10 years by renewal. |
| Objection | April since public announcement | - | February since public announcement |
| Invalidation trial | Nothing※ | will get | will get |
*Although there is no invalidation trial system, it is possible to request invalidation of a patent.
Patent law
Filing an application with a provisional specification is permitted. If an application is filed with a provisional specification, the complete specification must be submitted within nine months from the filing date (one month extension possible).
Additionally, a complete specification must describe and specify in detail the nature of the invention and the method of carrying it out.
Whether it is a provisional specification or a complete specification, the content begins with the "title". The complete specification must also end with a statement of the invention that is distinct from the main body of the specification.
Substantive examination begins upon submission of the complete specification. If all substantive requirements are met, the application will be published and await opposition. The opposition period is four months from the date of public notice. If there are no objections, or if there are objections but it is desirable to patent, the patent will be granted.
The application fee is 1,500 taka (2,130 yen in Japanese yen).
Design law
1. Required documents at the time of application
- ①Application form
- ②Drawings or photos
- ③ Power of attorney (notarization/certification not required)
*If the inventor (creator) and applicant are different, a certificate of assignment (notarization/certification required) is required.
*When claiming priority, a priority certificate and its English translation (notarization and certification required) are required. Please note that the application should be submitted within three months from the application date.
2. Main registration requirements
①Novelty or creativity
→Exceptions regarding loss of novelty: 6 months (exhibition at an exhibition or public announcement against one's will)
② Registrability: Article quality, form, visibility
→Mere mechanical devices or designs that violate public order cannot be registered.
3. special design system
① Secret design: Yes
→ Publication of a registered design can be delayed for two years after registration.
② Partial design: None
4. Duration
① 5 years from the filing date
②The 5-year term can be renewed twice at a time (renewal procedures must be completed before the expiry of the term)
→The maximum term is 15 years from the filing date.
Trademark law
1. Required documents at the time of application
- ①Application form
→Main information is as follows.
・Applicant's name/name, address/residence, etc.
・Applicant's industry
・Fact of use in Bangladesh (date of start of use) or intention thereof - ②Specified goods and services
- ③Trademark sample
- ④ Power of attorney (notarization/certification not required)
*When claiming priority, a priority certificate and its English translation are required. Please note that the application should be submitted within three months from the application date.
2. Main registration requirements
(1) Reason for registration:
The main trademarks that can be registered are as follows.
- ① Name of company, individual or corporation expressed in a special or unique manner
- ② One or more words
- ③ One or more names that do not directly refer to the characteristics or quality of goods or services and are not geographical names, names or general abbreviations thereof, or names of political parties, castes or tribes within Bangladesh, in the light of their general meaning; word of
- ④ Other distinctive marks
(2) In Bangladesh, both absolute grounds for refusal and relative grounds for refusal are subject to examination.
① Absolute reasons for refusal
・Marks that include embarrassing matters
・When the use of the mark is contrary to the laws and regulations at the time of enforcement.
・Marks that may cause confusion when used
・Marks that include content that may offend the religious sensibilities of the people of Bangladesh
・Marks that are the same as, imitate, or contain elements of the emblems, flags, or other insignia, names or abbreviations of names, or official signs or seals of a nation, or an international treaty or organization (the national or as approved by the authority of the institution)
・If the application was filed against good faith for fraudulent purposes
② Relative reasons for refusal
・In the case of a trademark that is identical or misleadingly similar to another person's registered trademark regarding the same goods or services.
・In the case of a trademark that is identical or confusingly similar to another person's well-known trademark in Bangladesh, or a trademark used for goods or services that are the same as or similar to another person's goods or services.
・The trademark applied for is a trademark that is well-known in Bangladesh and is the same as or similar to a registered trademark, and is used for goods or services that are not the same as or similar to the designated goods, etc. related to the well-known and registered trademark. (If the trademark is used in a manner that creates a false impression that there is a connection between those goods or services and the owner of the registered trademark, or the interests of the trademark owner of the registered trademark are harmed by such use.) (limited to cases where there is a risk)
3. examination
① 1 application, 1 category system
② The application will be accepted and the application number will be notified within 2 to 7 days from the application date.
③ It usually takes one year or more from application to decision (including registration or notification of reasons for refusal). In some cases, it may take about 2 to 3 years.
■ If the registration requirements are approved
The application is approved and the application is published in the Trademark Journal. Objections will be accepted for 60 days from the date of publication of the application. If there are no objections, registration will be made.
■ If the registration requirements are not approved
The Registrar will notify the reasons for refusal and request a response from the applicant. The applicant is given two months to respond to this notice of reasons for refusal.
*The current situation is as of November 2020, but it is thought that the examination has been delayed, perhaps due to the coronavirus pandemic. In this regard, Bangladesh has a hearing procedure to facilitate examination.
④ There is no system for filing an appeal against a decision of refusal. However, in practice, the practice is to apply directly to the High Court.
4. Agency expenses
| Application (per category) | Approximately 60USD |
| priority claim | Approximately 10USD |
| Registration (per category) | Approximately 240USD |
| Update (per category) | Approximately 240USD |
*In the past, fees were handled differently depending on the number of products specified, but now fees are charged by category.
*The amount listed is converted into USD, but it is actually in Bangladeshi currency.
*15% VAT will be added to the above costs.
*The above costs are the costs covered by the agency, and the costs of the local agent requesting the response will be incurred separately.
5. Duration
① 7 years from the filing date (priority date in the case of an application based on priority claim)
② Renewal is for 10 years (renewal application must be made 6 months before the expiry of the term)
6. Other considerations
① Cancellation due to non-use
If a registered trademark has not been used for the designated goods/services for more than five years, it will be subject to cancellation.
[About “use” of trademarks]
According to the new Trademark Law of 2009, trademark owners outside Bangladesh are allowed to "use" their trademarks even if they do not sell or import their own products in Bangladesh, as long as they are advertising or promoting their products. It was recognized as such. As a result, even if the project has not actually been implemented in Bangladesh, it is now possible to avoid a non-use revocation trial if the project has been carrying out activities such as public notice and advertising.
② Assignment/transfer of trademark rights
A trademark right holder can freely assign or transfer all or part of the designated goods/services of a registered trademark.
③License (registered user system)
Use by Licensee is permitted on a registered user basis. In other words, the trademark must be registered as a user by the right holder as being compatible with all purposes of use of the trademark.
Reference document
[Japan Patent Office]
・Information on industrial property rights offices or organizations in each country/region and an overview of systems related to industrial property rights
http://www.jpo.go.jp/cgi/link.cgi?url=/torikumi/kokusai/kokusai2/sangyouzaisanken_gaiyou.htm
[Ministry of Foreign Affairs website]
・People's Republic of Bangladesh - Basic data
http://www.mofa.go.jp/mofaj/area/bangladesh/data.html
[JETRO Japan External Trade Organization (JETRO)]
・Bangladesh - Basic data/overview
https://www.jetro.go.jp/world/asia/bd/basic_01/
・Bangladesh - Investment system ~ System related to technology/industry and intellectual property rights provision
https://www.jetro.go.jp/world/asia/bd/invest_08/
[“Foreign Industrial Property Rights System Support Project” commissioned by the Japan Patent Office]
・Mini guide to outline the world's industrial property rights system and measures against infringement of industrial property rights
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
[Bangladesh Patent, Design Law and Trademark Department DPDT]
·home page
[2010] Ministry of Foreign Affairs HP People's Republic of Bangladesh - Basic data (as of November 11)
[2011] JETRO Japan External Trade Organization (JETRO) Bangladesh - Basic data/Overview (Last updated: February 02, 28)
[2010] WIPO - Country Report – Bangladesh (released February 2, 4)
[2019] JETRO Japan External Trade Organization (JETRO) 2020 India IPG Patent and Trademark Working Group Report - Overview of Intellectual Property in Bangladesh (March 3)