BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
While globally recognised, the copyright symbol © is not required for validity in Bangladesh. The term “Copyright” or its abbreviation is also not mandatory but supports in notice. 3.8 Copyright Application Requirements The Copyright Act, 2023 regulates copyright registra - tion in Bangladesh, overseen by the BCO. Key guide - lines for copyright registration are outlined below. The copyright registration application requirements and procedures are as follows: • application form – complete the prescribed appli - cation form with details about the work and author; • title and description of the work – provide a title and brief description of the registered work; • authorship information – include author details such as names and addresses; • nature of the work – specify whether the work is literary, artistic, musical, etc; • copies of the work – submit required copies of the work (the quantity varies with the nature of the work); • power of attorney (if applicable) – provide a power of attorney if the application is through an agent or attorney; • declaration of originality – include a declaration affirming the originality of the work; • filing fee – pay the prescribed filing fee, which var - ies based on work type and applicant category; and • submission – submit the application and necessary documents with the filing fee to the BCO in person or through authorised agents. The processing time varies, and the BCO may take some time to review and process the application. 3.9 Refusal of Registration Absolute grounds for refusal of registration include: • lack of originality – protection is granted only to original works; • ineligibility of subject matter – certain works, such as facts and ideas, may be ineligible for copyright protection;
• non-compliance with formalities – failure to meet formal requirements (such as submitting incom - plete information) may result in refusal; • public domain issues – works in the public domain or without copyright protection may be refused; and • not meeting statutory criteria. Applicants can appeal a copyright registration refusal through an administrative appeal, which is an ini - tial appeal to the administrative body and involves addressing concerns or providing additional informa - tion. Subsequently, if the administrative appeal fails, further judicial appeal may be an option. Providing incorrect information in connection with a copyright application can lead to various consequenc - es, typically involving the BCO or relevant authorities. The consequences for providing incorrect informa - tion include rejection or denial. The BCO may refuse registration if the provided information is inaccurate. Providing false information could also have legal consequences, violating legal obligations. Inaccurate information may impact the validity of registration, affecting enforceability of rights. The BCO reviews applications and may seek clarifica - tion or take action. Applicants may appeal or correct inaccuracies, including through amendments or cor - rections promptly communicated to the BCO. Appli - cants may also appeal rejections, varying by jurisdic - tion. 3.10 Related Rights Copyright, trade marks and related rights represent different facets of intellectual property safeguarding, each with distinct functions. Copyright shields original authorship works, trade marks defend unique signs in commerce, and related rights encompass neighbour - ing rights such as those of performers and musicians. Overlap and Interaction Copyright and trade marks can coexist and occasion - ally overlap. For instance, a logo or graphic design may qualify for both copyright and trade mark protec - tion. Copyright guards expression of ideas in original works, while trade marks protect identifiers (names,
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