BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
Transmissibility of copyright or trade mark rights upon death Trade marks Trade mark rights are transmissible upon death under inheritance laws. The legal heirs or successors must apply to the DPDT to record the change in ownership. Copyright Copyright is inheritable under the Copyright Act, 2000. Copyright lasts for 60 years after the author’s death, and the legal heirs or successors acquire ownership unless assigned otherwise in a will. 6.2 Licensing Requirements or Restrictions Licensing of Trade Marks and Copyright in Bangladesh Trade mark licensing Under the Trademarks Act, 2009, a trade mark owner can grant a licence to another party to use the mark: • the licence agreement must be in writing; • the licensee must be recorded with the DPDT to have legal effect against third parties; • the trade mark must be registered before it can be licensed; • the licensing agreement should clearly define the scope, territory, duration and terms of use; and • the licensor retains ownership of the trade mark, and quality control provisions should be included in the agreement to prevent dilution of the mark. Copyright licensing Under the Copyright Act, 2000, a copyright owner can license their rights to another party. Copyright licensing must be in writing and signed by the copyright owner. Unlike trade marks, registration is not mandatory for copyright to be protected or licensed. However, hav - ing the copyright registered with the BCO provides stronger legal standing. No prior approval from the BCO is required to execute a licence agreement.
The assignment must be in writing and signed by the assignor and assignee. If the trade mark is registered, the assignment must be recorded with the DPDT to be legally effective against third parties. Approval from the DPDT is required if the assignment might cause confusion or if there are restrictions based on public interest. Consideration (payment or value) is generally required, though is not explicitly mandated by law. Copyright Under the Copyright Act, 2000, an assignment of cop - yright must be in writing and signed by the copyright owner. The agreement must specify the rights being trans - ferred, the duration, and the territorial scope of the assignment. The assignment must be for a specific purpose and time period unless stated otherwise. No approval from the BCO is required, but registration of copyright can help establish ownership and avoid disputes. Partial assignment of trade marks and copyrights Trade marks Partial assignments are permitted under the Trade Marks Act, 2009. A trade mark owner can assign rights for specific goods or services (division by class) or for a specific geographical area. Copyright Copyright can be assigned partially under the Copy - right Act, 2000. The copyright owner may transfer some of the rights (eg, only reproduction rights or distribution rights) while retaining others.
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