BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
Doulah & Doulah Doulah House Plot 153/2 (1st–4th Levels), Road 2/2, Block-A Section-12 East Pallabi Mirpur, Dhaka-1216 Bangladesh Tel: +880 1970482175 Email: sodoulah@doulah.com Web: www.doulah.com
1. Trade Mark and Copyright Law 1.1 Governing Law Trade Marks In Bangladesh, the key legal framework for trade marks is the Trademarks Act, 2009, delineating regis - tration procedures, conferred rights and infringement mechanisms. The Trade Marks Rules, 2015 comple - ment this by detailing practical aspects of trade mark registration. Copyright In Bangladesh, the Copyright Act, 2023 safeguards creators’ and owners’ rights for original software, lit - erary, artistic and musical works. It sets conditions for protection, outlines copyright owners’ rights and provides remedies for infringement. Unregistered Rights While primarily following a statutory approach, Bang - ladesh also recognises unregistered trade marks under specific circumstances. The Trademarks Act incorporates “passing off”, protecting unregistered trade marks based on common law principles and international treaties. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Bangladesh is a party to several international trea - ties and conventions related to intellectual property, including trade marks and copyrights. These include:
• the Paris Convention on Industrial Property, which facilitates the protection of industrial property, including trade marks, across member countries; • the Berne Convention for the Protection of Literary and Artistic Works, which ensures the international protection of literary and artistic works; • the WIPO Copyright Treaty, which commits to adequate protection for authors’ rights in the digital environment; • the WIPO Performances and Phonograms Treaty, which addresses rights in the digital era; and • the Nice Agreement on the International Classifica - tion of Goods and Services, which simplifies classi - fication for trade mark registration. In Bangladesh, the rights of foreign trade mark and copyright holders are governed by both domestic laws and international agreements. Domestic Law Under domestic law, foreign trade mark owners are protected under the Trademarks Act. This legislation provides a framework for the registration and protec - tion of trade marks, applicable to both domestic and foreign entities. The rights conferred by trade mark registration apply equally to foreign trade mark hold - ers. The newly enacted Copyright Act, 2023 extends protection to foreign copyright holders, outlining con - ditions for copyright protection without discrimination based on nationality. Foreign authors and creators enjoy the same rights as their Bangladeshi counter - parts.
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