BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
11. Appeal 11.1 Appellate Procedure
main case. Ex parte relief for copyright infringement is highly unlikely. 10.5 Customs Seizures of Counterfeits or Parallel Imports Bangladesh’s legal system provides for customs sei - zures of counterfeits and parallel imports under the Customs Act, 1969 and the Copyright Act, 2023. Process for Customs Seizure The trade mark or copyright owner files an applica - tion with the Directorate of Customs Intelligence and Investigation (DCII), providing: • evidence of trade mark ownership (registration certificate) or copyright registration; • details of infringing goods and suspected import - ers; and • samples of genuine products for comparison. The applicant may be required to post a security bond to cover potential costs and damages if the seizure is deemed wrongful. The DCII investigates the application and verifies the information provided. They may also conduct raids or inspections. If infringement is confirmed, the DCII issues a seizure order authorising customs officials to detain the infringing goods. Detained goods are either released if no infringement is found or confiscated for further legal proceedings. Infringement claims are adjudicated in court, and con - fiscated goods may be destroyed or released based on the court’s decision. Owner Actions Trade mark owners should register their marks, record them with customs, provide accurate information and co-operate with investigations. Copyright owners should register their works, provide evidence of ownership and co-operate with customs.
Trade mark decisions can be appealed to the High Court Division and then to the Appellate Division of the Supreme Court. Copyright decisions from the Reg - istrar are appealed to the High Court Division, with further appeals to the Appellate Division. Appeals must be filed within specific timeframes, based on legal errors or procedural irregularities. A formal appeal memorandum is submitted, followed by hearings where both parties can present arguments. The appellate body issues a final decision, potentially modifying or overturning the initial decision. 11.2 Timeframes for Appealing Trial Court Decisions For trade marks and copyrights, appeals from Reg - istrar decisions must be filed within 60 days with the High Court Division. Appeals from the High Court Division decisions must be filed within 30 days to the Appellate Division of the Supreme Court. There are no strict timeframes for appellate decisions. Factors influencing duration include case complex - ity, backlog of cases, court schedules and evidence presented. Resolution times typically range from sev - eral months to several years, possibly exceeding two years in complex cases. 12. Additional Considerations 12.1 Emerging Issues Key emerging intellectual property issues in Bangla - desh include: • geographical indications, where increasing recogni - tion and protection is leading to potential disputes over infringement; and • ongoing discussion around the Copyright Act, 2023, focusing on digital age exceptions and bal - ancing rights. There have not yet been any specific laws or landmark decisions regarding AI in intellectual property. Inter -
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