FAQ

Copyright is an automatic right. Copyright Protection is for the expression of an idea only, not for the idea itself.

Copyright becomes effective as soon as the work becomes fixed, i.e., written down, recorded etc. on a tangible format.

Copyright can protect or applies to any literary or artistic works including novels, instruction manuals, computer programs, musical works, song lyrics, newspaper articles, dramatic works, dance or mime, paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos, layouts, sound and film recordings and broadcasts.

For Copyright protection registration is not mandatory. The Copyright owner may mark his or her work with the © symbol, followed by the name of the Copyright owner and the year in which the work was created (ex: © Abbas Bashar, 2014). This will indicate who the Copyright owner is and also let others know when the term of Copyright protection ends. One should only copy or use a work protected by Copyright with the copyright owner’s permission.

Copyright allows the creator or author to protect his or her original work and prevents others from using the work without his or her prior permission. Copyright gives the creator or author or owner the right to exploit the work and gain economic benefit. In addition, it gives the right to take legal action, claim damages in case of infringements or violation and to object if the work is distorted or mutilated.

Design is any new shape, configuration, patterns of ornaments which are applied to an article by an industrial process and whose features appeal to and are judged by the public.

Designs have an industrial or commercial value. Design rights protection give exclusivity to the owner for a certain period of time, and allows him to commercially exploit the right, stop others to copy the Design and take legal action against unauthorized use.

In most countries, a design needs to be registered in order to be protected under law as a ‘registered design’. In some countries, designs are protected under patent law as ‘design patents’.

In Bangladesh, designs can be protected as registered design under Patents and Design Act 1911. After following through the steps and application of registering, a design can be legally protected at the Department of Patents, Designs and Trademarks.

Not all designs can be registered. For a design to be eligible for attaining design right protection, it must be:

• Completely new and original
• Not have offensive content such as graphic images or words
• Does not use any existing protected emblems or flags
• Not be an invention or product functioning description, for that you have Patent registration
• Not previously published in Bangladesh

Design right protection applies to a wide range of products that include:

• Packaging
• Containers
• Furnishing and household goods
• Electronic devices
• Lighting equipments
• Jewelry
• Handicraft products
• Textiles and fabric patterns
• Graphical symbols
• Graphical user interfaces (GUIs)
• GI
• Company logos

Upon application and successful registration, under ‘Patents and Design Act 1911’, copyright of a design will last for a first five-year term.

If the owner or proprietor of any design intends to extend their design protection rights, they can apply for an extension for another second five-year term. Another third term extension can be availed in the same manner. However, the processes for extension of any design protection right needs to be commenced at least six months before the expiry of consecutive any five-year term.

Globally accepted definition for industrial design is “a process of design applied to products that are to be manufactured through techniques of mass production.”

An article is referred to design when it is being produced in a smaller quantity. When an article is produced in mass quantities in manufacturing industries, it is referred to as an industrial design. Designs are protected under ‘Design Registration’ and industrial designs are protected under ‘Patent Registration’.

A: In Bangladesh, the Department of Patents, Designs and Trademarks deal with design registrations.

To make your design protection right legitimate, you must apply for design protection right before making a design/product public. Once any design has been made public without proper design rights registration, it will no longer be considered ‘new’ or ‘original’ as similar marketers can easily copy the design.

In Bangladesh, it takes around six months to complete a design registration process. Therefore, before going public with any ‘new’ or ‘original’ design, it would be best to start six months ahead.

In any case of violation of design rights, legal action can be taken against the defaulter in civil court. The owner of the design can, initially, inform the accused informally about his/her infringement. If the defaulter doesn’t comply, the owner is then entitled to send a legal notice with a specific time frame. If the defaulter doesn’t respond or comply even after the legal notice, the owner of registered design can file a suit in civil court.

When you have an agreement with another party for using your registered design either by means of selling or giving, it is called an act of ‘License of Right’.

Patent is an exclusive right granted to an inventor for his invention. The invention can be a product or a process that encompasses, in general, a new way of doing something, or offers a new technical solution to a problem.

For an invention to be patentable, the criteria are Uniqueness, Novelty, Industrial Applicability and Inventive Step. This means, your invention must possess some realistic industrial application, must be original in the technical field and the inventive step must be induced by advanced technical knowledge, which otherwise will not be inferred by commoners.

Patents give exclusivity to the inventor in Bangladesh. It gives exclusivity to the inventor for commercial exploitation for a period of 16 years within Bangladesh, under the Patent and Designs Act 1911. This means, no other person or individual will be able to use the patent without the permission of the patent holder.

As a patent owner you hold the right to decide on the usage of your patented invention for the period in which your invention is protected. You may however give permission to, or license, other parties to use the invention on mutually agreed terms. You as an owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.

Patent protection offers exclusive rights which are usually enforced in a court, which, in most legal systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.

Once the term for the patent protection expires, it will enter into public domain and the patent holder will lose its exclusive rights on the patent. The patent holder may however apply for a renewal or extend the term on certain grounds which are usually very rare to succeed.

BIPF aims to “Create an IP culture” and establish “Effective Enforcement of IP laws” within Bangladesh. BIPF conducts various awareness and capacity building programs, seminars, workshops and training. BIPF also holds tailor-made case-specific events as per the requirement.

You may, but we will highly recommend you not to disclose the details of your invention before filing a patent application. If it is inevitable to disclose your invention to, for example, a potential investor or a business partner, before filing the patent application, the disclosure should be accompanied by a confidentiality agreement.

Yes, once you have applied for patent, you are obliged by the law to publicly disclose information on your patent for the development of science and technology in the community.

The national patent office known as Department of Patents, Designs and Trademarks (DPDT) processes patent applications in Bangladesh and also grants the deserving Patent rights.

No. Principle of territoriality applies to patents. The protection therefore granted by DPDT applies to the territory of Bangladesh only. However if a patent holder wishes to avail international protection s/he will have to apply in countries or regions where s/he wishes to have the protection.

Trademark is a distinctive sign or mark which distinguishes one’s goods and services from those of its competitors. A Trademark can be a combination of words, logos, symbols, signs etc.

Protecting a trademark can help its owner(s) in preventing misuse of the mark or passing off by its competitors or third parties. It helps to prevent confusion among consumers. The protection attributes to certain quality of the product and also builds brand loyalty among customers. Trademarks also help customers to easily recognize a certain product or service.

A Trademark, if not registered will carry the risk of being passed off or misused by a third party who will try to ride on the success of the mark unfairly causing harm or damage to the reputation of the said mark.

For registration of a mark, you have to apply in prescribed form to the Department of Patents, Design and Trademarks (DPDT) office for registration, subject to payment of government fees. It takes at least 18 months to get a trademark registered and have the certificate issued. Please note, your sign must be distinctive in nature to be particularly identified by everyone, not descriptive.

This mark or sign can be used to give notice that the preceding mark is either a Trademark or a Service Mark that has been registered with the relevant Trademarks Office. It may not be used while the application for Trademark or Service Mark registration is ongoing or pending. The ® mark should only in connection with marks that are officially registered.

You can use TM when you wish to claim a Trademark in a product or goods.

Trademarks matters are regulated by the Trademarks Act 2009 in Bangladesh.

Geographical Indications or GI is a kind of intellectual property rights that is associated with culture, geography, heritage and traditional practices of people in a given country or area. GIs are signs that always associate a goods or product to a certain territory, region or locality in that territory.

GI identifies a certain goods or product originating in a certain locality and always establishes a qualitative link, e.g. certain quality, reputation or characteristics, between the goods or product and the locality. Geographical indications are indications or signs for a good or product or service associated to its geographical origin. Ex – Dhakai Jamdani, Havana Cigar etc.

No, the use of GI is not only confined to agricultural products but also natural or manufactured products.

Tequila, Champagne, Scotch whisky, Roquefort Cheese, Darjeeling Tea, Kolapuri Chappal, Cashmere Wool, Havana Cigar are some of the popular examples of world famous Geographical Indications.

Dhakai Jamdani, Nakshikantha, Fazlee Aam (Mango) from Rajshahi, Curd from Bogra, Rashmalai from Comilla, etc. are examples of the products or goods that would fall under the GI category. Bangladesh has identified a total of 73 food and non-food products that may be protected as GI.

Yes, the Geographical Indicative Products (Registration and Protection) on Act has been passed by the Parliament in 2013.

Bangladesh Copyright & IP (Industrial Property) Forum (BIPF) is a not-for-profit organization that promotes creativity and innovation. It works for the promotion, protection and enforcement of Intellectual Property (IP) rights within Bangladesh. It is registered under the Trust Act 1882. BIPF aims to “Create an IP culture” and establish “Effective Enforcement of IP laws” within Bangladesh. BIPF conducts various awareness and capacity building programs, seminars, workshops and training. BIPF also holds tailor-made case-specific events as per the requirement.

Yes. BIPF provides IPR specific legal assistance to relevant individuals and communities through its legal aid centre titled IP Plus Law Clinic.

BIPF works in partnership or collaboration with relevant government organizations i.e. Copyright Office, Bangladesh, Ministry of Cultural Affairs, Department of Patents, Designs and Trademarks (DPDT), Bangladesh Foreign Trade Institute ( BFTI)etc.

Yes, we offer membership to individuals, corporate entities and not-for-profit organizations. Learn more

Yes, BIPF offers 3 months internship opportunities to third year students and fresh graduates with a good degree. Students with degree of English Language and Literature, Law, Mass Communication and Business Administration concentrations will be given priority. We prefer that the candidates will have keen interest in Intellectual Property. Interested candidates are expected to forward their CV to info@bcipf.org.

INTELLECT is an Intellectual Property online magazine managed and published by BIPF. It features news, articles and opinion pieces on the diverse field of IPR in both local and international arena.

You can contribute your valued work or innovation to be featured on INTELLECT, if you desire to share it with us. Please feel free to forward your literary piece to contribute@intellect.com.bd. Our team will shortly notify you on the status of your contribution.

Freelance writers, journalists, photographers and students are encouraged to apply for a career at INTELLECT. Individuals having a 1-2 years’ writing experience can apply for either part-time or a full-time job position.

The eligibility criteria refer to strong language proficiency in English and Bangla. Writing should be your passion, basic knowledge on editing is crucial. You should be willing to take up diverse assignments. Basic knowledge on Intellectual Property will be considered a plus.

You can submit an application comprising a cover letter and an updated CV to info@intellect.com.bd. A sample write-up of yours attached with the application will be highly appreciated.

IP Plus Law Clinic is a legal aid centre which provides pro bono legal advice, support and assistance to strat-ups, IT entrepreneurs, creative and innovative individuals like artists, musicians, dream merchants, photographers, journalists and not-for-profit entities.

No, you do not need to pay any fees for obtaining any service. However, appropriate government fees will apply, if any.

Yes, IP Plus Law Clinic conducts various interactive sessions, lectures etc. for the target segment.

You may email to info@bcipf.org with your queries or drop us few lines on our Facebook timeline.