BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
Amendment in Revocation Proceedings (Patents and Designs) Under the Patents and Design Acts, 1911, revoca - tion proceedings can be initiated on various grounds, including lack of novelty, obviousness, or failure to comply with statutory requirements. During such pro - ceedings: • the applicant may seek amendment of pleadings to clarify claims, correct errors, or strengthen the grounds for revocation; and • the respondent (patent owner) may apply to amend patent claims to overcome objections raised in the revocation proceedings. The amendment is subject to the approval of the DPDT, and must not introduce new matter that sub - stantially alters the original claims. Amendment in Cancellation Proceedings (Trade Marks) Under the Trademarks Act, 2009, cancellation pro - ceedings may be initiated based on non-use, fraud or lack of distinctiveness. During such proceedings: • the petitioner (challenger) may seek amendments to correct procedural defects or to refine the grounds for cancellation; and • the trade mark owner (respondent) may apply to amend the registration details to limit the specifica - tion of goods/services or clarify descriptive ele - ments to address objections. Any amendment must comply with Section 57 of the Trademarks Act, 2009, ensuring that it does not sub - stantially alter the original nature of the case. Courts’ and the DPDT’s Discretion The Registrar of Trade Marks and the courts have the discretion to allow amendments, provided they do not: • change the nature of the dispute; • introduce an entirely new ground not previously mentioned; or • prejudice the rights of either party.
Amendment applications should be filed at an early stage, and permission is granted on a case-by-case basis. 5.7 Combining Revocation/Cancellation and Infringement In Bangladesh, actions involving revocation/cancella - tion and infringement are generally heard separately, as they serve different legal purposes and follow dis - tinct procedures under the Trademarks Act, 2009 and the Patents and Designs Act, 1911. Revocation/Cancellation Versus Infringement – A revocation or cancellation action is initiated to remove a registered trade mark or patent from the reg - ister due to invalidity, non-use or other legal grounds. This is typically filed before the DPDT or, in some cases, before the High Court Division of the Supreme Court of Bangladesh. Infringement Separate Proceedings Revocation/cancellation An infringement action is filed when an unauthorised party uses a registered trade mark, patent or design without permission, leading to a lawsuit for damages, injunctions or other reliefs. These cases are heard by civil courts (district courts) or, in serious cases, may also involve criminal pros - ecution. Differences in Timing of Decisions Infringement cases These are civil or criminal matters and are usually heard on a priority basis when urgent relief (eg, injunc - tions) is sought. The timeline depends on the complexity of the case, the evidence presented and court backlog. Interim relief, such as a temporary injunction, may be granted early, though final decisions take longer. Revocation/cancellation cases These cases often take longer, as they involve admin - istrative or judicial review.
46 CHAMBERS.COM
Powered by FlippingBook