BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
7.7 Small Claims Unfortunately, Bangladesh currently does not offer a dedicated small claims track for intellectual property matters such as trade marks and copyrights. 7.8 Effect of Trade Mark and Copyright Office Decisions In Bangladesh, the effect of Trade Marks and Copy - right Registry decisions on infringement actions is more nuanced than a simple “yes” or “no” answer. Decisions made by the Registrar of Trade Marks and the Registrar of Copyrights (or Tribunal on appeal) are not strictly binding on civil courts in infringement cases. However, they carry significant weight and can be highly persuasive to the court. A registered trade mark certificate issued by the Reg - istrar of Trade Marks serves as prima facie evidence of the trade mark’s validity and ownership. This means that the infringer has the burden of proving its invalid - ity in court. However, this does not apply to copyrights in Bangladesh. Both Registry decisions and the underlying evidence on which they were based can be introduced as evi - dence in an infringement lawsuit. Civil courts will con - sider this evidence alongside other relevant factors to reach their own decision. 7.9 Counterfeiting and Bootlegging Counterfeiting Special procedures and remedies addressing coun - terfeiting include: • the Penal Code, 1860, which makes counterfeiting a criminal offence punishable by up to seven years in prison and a fine; • the Copyright Act, 2023, which provides civil rem - edies for copyright infringement, including injunc - tions, damages and seizure of infringing goods; • the Trademarks Act, 2009, which offers civil rem - edies for trade mark infringement, including injunc - tions, damages, account of profits and cancellation of infringing trade marks; and • administrative procedures such as raids launched by the Registrar of Trade Marks and the Registrar of Copyrights, in which they can confiscate infring -
ing goods based on complaints or through their own initiatives. Parties can also face criminal prosecution. Bootlegging Bootlegging in Bangladesh typically refers to unau - thorised reproduction and sale of copyrighted works. Special procedures and remedies that address boot - legging include: • the Copyright Act, 2023, which provides civil remedies for copyright infringement (as mentioned previously); • raids and seizures, similar to counterfeiting; and • interception of bootlegged goods by customs at border points. Unauthorised reproduction and sale can lead to crimi - nal charges. 8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings There are special procedural provisions for trade mark and copyright proceedings in Bangladesh. Pre-Filing Requirements Prior to initiating a trade mark lawsuit, parties are often encouraged to attempt mediation or send a warning letter to the alleged infringer. No pre-filing require - ments are mandated for copyright lawsuits, but reg - istrations can strengthen a case. Specific Law and Courts Trade marks cases are governed by the Trademarks Act, 2009 and copyright cases are governed by the Copyright Act, 2023. Cases are heard in district courts, with appeals going to the High Court Division and ultimately the Appellate Division of the Supreme Court. The Tribunal at the High Court handles appeals from decisions made by the Registrar of Trade Marks and the Registrar of Copyrights.
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