Trade
5 years ago

Imports made in violation of IPR

Customs to get goods confiscation power

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The government is set to empower the customs authority to seize or halt release of imported goods in the event of violation of intellectual property rights (IPR).

A draft rule on the IPR has been prepared, giving customs officials the authority to protect the intellectual properties within Bangladesh and to comply with the international regulations.

The draft of IPR Enforcement Rule -2018 for import products has been sent to the Federation of Bangladesh Chambers of Commerce and Industry (FBCCI), the US department of justice, the US embassy Dhaka, relevant customs officials and other stakeholders for their opinions.

The customs wing of the National Board of Revenue (NBR) has sought opinions of all the stakeholders within 15 days.

Bangladesh customs act has also a provision for prohibiting the import of counterfeit goods and products in case of the violation of IPR.

However, there were no rules for the enforcement of the provision for protecting the rights of the IPR holders.

NBR officials said some bilateral partners, including the US, have raised the IPR issues in trade negotiations.

The NBR has framed the draft IPR rules for import products in compliance with the international principles of IPR.

Bangladesh as a Least Developed Country (LDC) is waived from implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organisation until 2027.

The country's pharmaceuticals products will also enjoy the waiver until 2033 under a special waiver of the WTO.

According to the draft rules, the customs authorities will launch probe as per complaints from the aggrieved persons or parties, known as right holder, to check the entry of certain products.

However, the customs authority will also be able to take steps by themselves to check the entry of goods if they detect violation of IPR.

The right holder is defined as a person or legal entity, an inheritor or his empowered individual licence holders who are authorised to protect the IPR.

In case of the violation of copyrights act-2000, trademark act-2009, the patent and design act-1911 and geographic indication of goods (registration and protection) act, 2013, the IPR rules of the customs authority will be able to dispose, confiscate the imported goods following the rules.

According to the draft rules, an IP right holder or his/her representative will be able to serve notice upon the customs houses and customs stations to stop the release of goods imported or to be imported violating the IPR provisions.

Applicants will have to submit documents as proof of their IP rights on imported goods.

The notice will remain valid for one year.

Applicants will have to give bond as mortgage and security on seizure and, in case of, demolition costs.

Customs authorities will inform importers about the decision of not releasing the goods and will ask rights holder to provide proof in favour of IPRs giving 10 days' time.

Customs houses will release the goods if the rights holder fails to provide proofs within the given time.

Right holders and importers would be able to collect the sample of imported goods for the examination of IPR issues.

Products imported violating IPR will not be sent back to the exporting countries.

The IPR rules for import products will not be applicable to the goods brought under Tourists Baggage (Import) Rules and imported as sample, which will not be used for commercial purpose.

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