Historically Bangladesh inherits industrial property system from the
British India. Now a day, the importance of this system is well
recognized by every nation in the world. In Bangladesh, the
Industrial Property Rights covering Patents and Industrial Designs
and Trademarks are protected in and by the Department of Patents,
Designs and Trademarks. A new set-up for the Department has been
introduced by the Govt. of Bangladesh. It is expected that with the
posting of personnel as approved in the new set-up, the Department
of Patents, Designs and Trademarks will be able to face the global
challenges relating to Intellectual Property Rights (IPRs). An
automation project for the Department is going to run soon with the
technical & financial assistance of European Union (EU). The
Department of Patents, Designs and Trademarks has two wings:- (i)
Patents & Designs Wing and (ii) Trademarks Wing.
The business relating to Patents and Designs Wing is mainly
technical and quasi-judicial. The Wing is responsible for granting
patents for scientific and technological inventions and innovations,
and registration of new and original industrial designs according to
Patents and Designs Act, 1911 and Patents and Designs Rules, 1933. A
draft Patents and Designs Act -2005 has been prepared by the
Bangladesh Law Commission keeping the same in conformity with the
requirements of the TRIPS Agreement which is under active
consideration of the Government.
Patent Administration:
What is Patent:
A Patent is a grant from the Government, which confers on the
Grantee, for a limited term, the exclusive privilege of making,
selling and using an Invention, and also authorizing others to do
so. A Patent is granted in exchange for the disclosure of an
Invention.
Protection Period:
In Bangladesh protection of an Invention is secured by obtaining a
Patent for 16 years extendable to another 10 years under the Patents
& Designs Act, 1911 followed by the Patents & Designs Rules, 1933.
But protection of a new and original Design is secured by the
Registration of Design for 5 years extendable for another two terms
of 5 years each under the same Act and Rules.
Instructions for filling up the application form:
Every application should be drawn on the prescribed form having full
name, address, nationality, title of invention, statement of
invention, date, and signature of the applicant.
Design Administration:
Registerable Designs:
The Design of an article may be registered under the Patents &
Designs Act, 1911 if the shape, configuration, pattern or ornament
given to it the article by any industrial process or means is new or
original. The principle or the mode of construction of the article,
or mere mechanical contrivances can not be registered as design
under the Act. Trademarks, trade names, and mere pictures or
photographs also can not be registered as designs.
A design, to be registerable, need not possess artistic merit, but
it must be new in itself. The novelty or the originality of a design
is just solely by the eye with reference to the external appearance
of the finished article to which the design is applied. Neither the
constructional details of the article which would not be visible in
the finished article, nor the utility of the article, would be
relevant for deciding the registerability of the design.
Disposal of Patents and Designs Applications: The Patents and
Designs Wing is receiving patent and design applications from home
and abroad. The applicants submit their applications through agents
or legal firms having addresses in Bangladesh. The Dept. at present
receives around 350 patent applications and around 900 design
applications per year. About 90% of the Patent applications and 5%
of the design applications originate from foreign countries. Filing
of Patent applications based on priority date of filing in foreign
countries has increased considerably after Bangladesh became party
to the Paris Convention Since March 3, 1991.
Trademarks:
Trademarks Wing functions by Trademarks Act, 1940. The business
relating to this Wing is also quasi-judicial in nature. The Dept.
receives around 7000 trademark applications in average every
year.The Wing is understaffed for long before. A draft Trademarks
Act, 2005 has been prepared by the Bangladesh Law Commission keeping
it in conformity with the requirements of the TRIPS Agreement which
is now under active consideration of the Government.
Public awareness:
The Patents and Designs Wing is actively involved in dissemination
of information contained in patent documents, through publications
of these documents as well as advertising particulars about the
accepted patents in the Bangladesh Gazettes, Part-IV. This Dept.
provides certified copies of patents and designs documents to the
interested members of the public as per provision available in the
Act and Rules.
Public awareness is also being created through holding national and
regional seminars time to time on the Intellectual Property System
in the country. The Dept. is also responsible for dissemination of
technical information contained in the Patent and Design documents
for use of local scientists, technologists, manufactures,
industrialist etc.
International Agreements:
As part of International Agreement, Bangladesh is a signatory to the
World Intellectual Property Organization (WIPO) since February 11,
1985. WIPO is an intergovernmental specialized organization of the
United Nations with headquarters at Geneva, Switzerland which was
established in 1970 responsible for promoting and protection of the
Intellectual Property Rights (IPR) among the member countries. On
March 3, 1991 Bangladesh acceded to Paris Convention relating to
Industrial Property Rights administered By WIPO. Under the Paris
Convention, national of member countries may claim priority date in
Bangladesh on the basis of their Patents, Designs and Trademarks
filed in any member countries and vis-à-vis. Bangladesh is one of
the founder members of the World Trade Organization (WTO) which
administers among other agreements, the agreements made under
Uruguay Round and the TRIPS Agreement. Membership of Bangladesh to
Patent Cooperation Treaty (PCT) is under consideration of the
Government.
Enforcement:
Suits for infringement of patent rights are instituted before the
District Court under section 29 of the Act. District Court has the
meaning assigned to that expression by the Code of Civil Procedure
1908 in Bangladesh. If in a suit for infringement of a patent and a
counter claim for revocation of the patent is made, the suit is
transferred to the High Court for decision under section 26 of the
Act. Suits for infringement of industrial designs are also
instituted before the District Court under section 53 of the Act,
Proprietor of a registered design may take action against any
person, who, without license or consent applies, the registered
designs or an obvious or fraudulent imitation thereof to any article
in any class of goods to which the design is registered, imports or
knowingly publishes or exposes for sale such article.
Contact personnel in the Department of Patents, Designs and
Trademarks are as follows :
| Sl. No. |
Name & Designation
|
Phone & e-mail
|
| 1. |
Mr.Mesbah Uddin , Registrar
Department of Patents, Designs and Trademarks |
880-2-9560696(Work)
880-2-8651628(Res.)
dpdt.bd@komnikat.net |
| 2. |
Mr. Sankar Kumar Das
Deputy Registrar(Finance & Administration)
Department of Patents, Designs and Trademarks |
880-2-7162798(Work)
880-2-7168466(Res)
dpdt.bd@komnikat.net |
| 3. |
Mr. Pankaj Chandra Das
Deputy Registrar(Patents & Designs)
Department of Patents, Designs and Trademarks |
880-2-9556703(Work)
880-2-7101457(Res)
dpdt.bd@komnikat.net |
| 4. |
Mr. Md. Abdur Rouf
Deputy Registrar(Trademarks)
Department of Patents, Designs and Trademarks |
880-2-7169816(Work)
880-2-8359440(Res)
dpdt.bd@komnikat.net |
| 5. |
Mr. Paresh Chandra Roy
Deputy Registrar(Trademarks)
Department of Patents, Designs and Trademarks |
880-2-7162797(Work)
880-2-7123788(Res)
dpdt.bd@komnikat.net |
| 6. |
Mr.Md. Mohitul Hoque Anam
Choudhury
Assistant Registrar(Trademarks-1)
Department of Patents, Designs and Trademarks |
880-2-9557732(Work)
dpdt.bd@komnikat.net |
| 7. |
Mr. Md. Khadem Ul Kayes
Assistant Registrar(Trademarks-2)
Department of Patents, Designs and Trademarks |
880-2-9555541(Work)
880-2-7293232(Res)
dpdt.bd@komnikat.net |
| 8. |
Mr. Md.Azim Uddin
Assistant Registrar(Designs)
Department of Patents, Designs and Trademarks |
880-2-9566605(Work)
880-2-9347632(Res)
dpdt.bd@komnikat.net |
| 9. |
Mr. S.M. Enamul Haque
Assistant Registrar(Patents)
Department of Patents, Designs and Trademarks |
880-2-9557798(Work)
880-2-9119057(Res.)
dpdt.bd@komnikat.net |
| 10. |
Mr. Md. Farhad
Hossain Khan
Assistant Registrar(Patents)
Department of Patents, Designs and Trademarks |
880-2-7169815(Work)
dpdt.bd@komnikat.net |
| 11. |
Mr. Md. Mahbubul Alam,
Assistant Registrar(Opposition & Appeal))
Department of Patents, Designs and Trademarks |
880-2-7169814(Work)
dpdt.bd@komnikat.net |
| 12. |
Mr.A K M Abul Kashem
Assistant Registrar(Patents)
Department of Patents, Designs and Trademarks |
880-2-9557709(Work)
880-2-9662797(Res.)
dpdt.bd@komnikat.net |