BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
Free Speech and Information Bangladesh does not have a specific exception for free speech in copyright law, but uses promoting public interest or facilitating information access may be protected under fair dealing or outside copyright protection, considering their educational value and potential harm to the copyrighted work. 9.3 Exhaustion Bangladesh applies a limited exhaustion principle to trade marks. Only goods physically imported with the owner’s consent can be freely resold within the country. Unauthorised imports – even when genuine – infringe rights. Exhaustion of copyright applies to first authorised sales of physical copies, allowing subsequent resale. The situation with regard to digital content remains unclear, often depending on licence agreements and content type. In addition, courts may consider the specific circum - stances when assessing exhaustion in cases of fire and authorised sales. 10. Remedies 10.1 Injunctive Remedies Available Relief Bangladeshi courts can grant various injunctive reliefs, including: • interim or preliminary injunctions to restrain ongo - ing infringement; • perpetual injunctions to permanently prevent future infringement; • orders for surprise inspections and seizure of infringing goods; and • freezing orders to restrict access to assets related to infringement. Requirements for Injunctive Relief Preliminary injunctions require proof of: • likelihood of success – substantial evidence estab - lishing a strong prima facie case of infringement;
• irreparable harm – inability to adequately compen - sate for damages through monetary awards; and • balance of convenience – potential harm to the plaintiff outweighs harm to the defendant from the injunction. Perpetual injunctions have similar requirements to preliminary injunctions, but the likelihood-of-success standard may be stricter. Impoundment and Destruction This is available for trade marks through administrative and criminal channels for counterfeit goods. Destruc - tion orders are also possible for copyright infringe - ment civil cases, but the process can be complex. 10.2 Monetary Remedies Courts can award: • actual damages; • accounting of profits; • disgorgement of profits; • enhanced damages for wilful infringement; and • statutory damages (for registered works). Actual damages involve financial analysis and expert evidence. Accounting and disgorgement require forensic accounting investigations. Enhanced dam - ages need evidence of deliberate infringement. Statutory damages offer fixed sums for registered works, simplifying calculations; however, they are available only for registered trade marks and copy - rights, strengthening claims and potentially increasing damages. 10.3 Attorneys’ Fees and Costs In Bangladesh, the loser in trade mark and copyright cases usually pays both sides’ costs, including court fees and expenses. 10.4 Ex Parte Relief Generally, courts require notice to the defendant before granting relief in trade mark or copyright infringe - ment cases to uphold due process. Exceptions exist, such as rare ex parte injunctions in trade mark cases involving counterfeiting and imminent harm, but they require evidence of a high likelihood of success in the
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