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Protecting the Intellectual Property Right (IPR) is critical for international trade and foreign investment. Bangladesh is struggling to improve the country's IPR regime for long despite being part of a number of major international bodies and agreements for the protection of intellectual property rights.
Bangladesh joined in the founding of the World Intellectual Property Organization (WIPO) in 1985. WIPO currently administers 26 international treaties and schemes concerning various intellectual property issues. The country also became a legal member of the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works in 1991 and 1999.
Bangladesh is also a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement administered by the World Trade Organization (WTO). TRIPS is the world's most comprehensive multilateral intellectual property agreement and works with governments and other international organisations, such as WIPO, to facilitate the exchange of knowledge and creativity and resolve intellectual property disputes among WTO members.
In order to consolidate ever expanding regional and global markets and also to gain its share of global revenue of IPR registration, Bangladesh needs to facilitate, expedite and enhance IPR value added market share of Bangladeshi products in domestic and foreign markets through international IPR Registration without having to undertake any additional international obligations other than that it has already undertaken it is imperative for Bangladesh to become a party, like the other LDCs, to the three Global IPR Protection Systems.
The 1991 ACT (UPOV) does not protect the rights of farmers to freely use their harvest as further planting material but the right to reuse seed will be restricted to those countries which make special provision for it. Bangladesh should therefore adopt appropriate provisions to safeguard and ensure farmers right to freely save seeds for re-use.
Geographical Indication (GI) should be given more emphasis and should be registered as a trademark for the time being nationally and internationally through the Madrid Agreement and the Lisbon Treaty.
To expedite "Affordable Medicine and Health Care Service" including life-saving drugs and vaccines which must be made available for all specially for the poor and low-income people around the world. The WHO-WIPO-WTO Platform, NGOs and other global institutions and UN bodies must expedite global policy cohesion by adopting appropriate IPR Measures ensuring sustainable production and supply of "Affordable Medicine and Health Care Service" including life-saving drugs, vaccines and other equipment's.
Registered IPs in Bangladesh must be enforced in right earnest. Any infringement of IPR which are registered in Bangladesh must be redressed by the Customs and also the designated special Court set up for the purpose on the basis of the case lodged by the respective IPR holder on his own expense as required under article 41.5 of the TRIPS Agreement.
NBR should have the authority to detain, seize, forfeit, and ultimately destroy merchandise seeking entry into the Bangladesh if it bears an infringing trademark or copyright duly registered in Bangladesh. The Customs Rules 2019 on IPR should be amended accordingly.
The following IPRs protection measures should be adopted in Bangladesh to curb trade in pirated and counterfeit products in domestic as well as international markets:
1) All products and services for trade in domestic and international markets and through e-commerce shall require, in addition to accredited certificates on quality and standards, to have respective brand names/Trademarks either registered or provisionally registered pending the disposal of the application for registration with the respective IPR Agency in Bangladesh,
2) Each new product and services having accredited certificates on quality and standards will be required to be registered or provisionally registered, pending the disposal of the application for registration, with the respective IPR Agency in Bangladesh before marketing in domestic and foreign markets.
3) Production and Trade in listed global well-known branded products and services in domestic and international markets without appropriate authorization of the IPR holder shall be prohibited.
4) Enforcement of WCO Border measures for IPR and product standards with appropriate international technical and financial assistance to redress the concerns on IPR along with health and safety hazards.
5) Highly overvalued IP assets held especially by large companies: In order to prevent leakage of foreign currency on account of overvalued IP assets, all IP assets held by the Investor should be duly notified to the appropriate authority and must be brought under transfer pricing and international money laundering surveillance and annually audited by the specialised agencies.
6) To strengthen, streamline and ensure most effective functional efficiency IPR Regime Bangladesh should establish a specialised Bangladesh IPR Regulatory Authority to be headed by a Senior Secretary of the Government.
7) The organizational capacity and efficiency of the concerned IPR administrative agencies and judiciary should be strengthened and upgraded qualitatively and quantitatively with IPR trained permanent and specialised manpower along with befitting infrastructure so that they can function with incremental efficiency and institutional memory.
8) Technical, procedural and management shortcomings should be identified and resolved to ensure completion of IPR Registration within the gradually shortened possible time schedule from the date time of filing of the Application.
Manzur Ahmed is Trade and Tariff Policy Adviser, FBCCI 1980-2024