BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
If filed before the Registrar of Trade Marks, the pro - cess includes hearings, evidence submission and arguments. If the matter escalates to the High Court, it may take a significant amount of time before a final judgment is rendered. Interplay Between the Two If a defendant in an infringement case argues that the plaintiff’s trade mark or patent is invalid, they may file a revocation/cancellation action. In some cases, the infringement suit may be stayed (put on hold) pending the outcome of the revocation/ cancellation case. However, courts can still grant interim relief (such as injunctions) in infringement cases while a cancellation action is pending. Revocation/cancellation and infringement cases are generally not heard together in Bangladesh. Infringe - ment cases may be resolved faster if immediate relief is needed, while revocation cases take longer due to procedural complexities. However, a revocation action can impact an infringement case if the trade mark or patent in question is ultimately invalidated. 5.8 Measures to Address Fraud In Bangladesh, both trade marks and copyrights can be revoked or cancelled if they were filed fraudulently. Trade Marks Under the Trademarks Act, 2009, any aggrieved per - son may apply for the cancellation or rectification of a fraudulently registered trade mark. The application for cancellation can be filed with the Trade Marks Registry (DPDT) or the High Court Divi - sion of the Supreme Court of Bangladesh under Sec - tion 51 of the Act. The Registrar may also cancel the registration suo motu if it finds sufficient evidence of fraud. If an opposition or cancellation proceeding is initi - ated due to fraudulent filing, the registration process
is generally put on hold until the matter is resolved. If the trade mark has already been registered, it remains valid until a final decision is made by the DPDT or the court. If an applicant is found to have filed a fraudulent trade mark application, the registration may be cancelled under Section 51 of the Trademarks Act, 2009. The applicant may face civil and criminal liability for fraud - ulent misrepresentation. If the fraud caused damage to another party, they may sue for damages and Under the Copyright Act, 2000, if a copyright is obtained fraudulently, any interested party can chal - lenge its validity. The BCO can review such claims, and legal action can be taken in the High Court for cancellation. Copyright is automatically granted upon creation, and registration is not mandatory. However, if fraud is alleged in a copyright registration, the BCO or the court may suspend its effect until the dispute is resolved. injunctions. Copyrights If fraud is proven, the copyright registration may be declared invalid. If the fraud involved false claims of ownership, the guilty party may face legal penalties, including fines and imprisonment under the Copyright Act, 2000. 6. Assignments and Licensing 6.1 Assignment Requirements and Restrictions Assignment of Trade Marks and Copyrights in Bangladesh Procedures, requirements and restrictions for assigning a trade mark or copyright Trade marks Under the Trademarks Act, 2009, a trade mark can be assigned with or without the goodwill of the business.
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