Patent

Preface:

The history of patent law in Bangladesh is characterized by its colonial legacy, as the region initially adhered to British colonial patent laws. After gaining independence in 1971, Bangladesh introduced its own patent law through the Bangladesh Patents and Designs Act of 1972. This law set the foundation for patents and designs within the country. In 1994, Bangladesh joined the World Trade Organization and subsequently amended its patent law to comply with the TRIPS Agreement, enabling product patents for pharmaceuticals and other inventions. This shift raised concerns regarding access to essential medicines, leading the government to adopt measures like compulsory licensing and supporting the local pharmaceutical industry. For many years, Bangladesh has continued to refine its patent law to balance intellectual property protection with public health concerns, reflecting its evolving approach to innovation and access to essential products. And finally, in the year 2022, a new Patent Act has been passed namely “The Bangladesh Patent Act, 2022” (Act No. V of 2022). This Act separately deals with patent matters and repeals the patent provisions of the Patents and Designs Act, of 1911 (Act No. II of 1911). The new Patent Act adopts the internationally recognized standards, specifies a precise set of requirements for compulsory licensing, and offers recommendations on how to strike a balance between satisfying domestic demands and exporting to nations with insufficient manufacturing capacity, particularly in the case of pharmaceutical goods and processes.

Why Patent Registration in Bangladesh is essential:

Registering a patent in Bangladesh, as in most countries, offers several important benefits and protections to inventors and businesses. However, a Patent registration in Bangladesh is highly important for the following reasons:

I.          Legal Protection: Registering a patent in Bangladesh provides legal protection for the invention, preventing others from making, using, selling, or importing the patented product or process without the patent holder's permission.

II.         Exclusive Rights: Patent registration gives the patent holder exclusive rights to the invention for a specified period, usually 20 years from the date of filing. This exclusivity allows the inventor to commercially exploit their invention and reap the benefits.

III.        Market Advantage: By holding a patent in Bangladesh, inventors can gain a competitive advantage in the market. It can help establish a strong market presence and potentially increase the value of their business.

IV.        Licensing Opportunities: Patent holders can license their technology to other companies, allowing them to use the patented invention in exchange for royalties. This can be a lucrative source of income.

IV.        Protection Against Infringement: A registered patent provides a legal basis for taking action against anyone who infringes on the patent. The patent holder can pursue legal remedies, including seeking damages and injunctive relief.

V.         Preventing Unauthorized Use: Without a patent, others may freely use and benefit from your invention, potentially leading to a loss of potential revenue and control over how your invention is used.

Governing Laws and the Authoritative Organs for the Protection of a Patent:

In Bangladesh, the laws and authoritative organs governing the protection of patents are primarily outlined in the “The Bangladesh Patent Act, 2022” (Act No. V of 2022). The governing body responsible for the protection of patents is the Department of Patents, Designs and Trademarks (DPDT), which operates under the Ministry of Industries. The DPDT is the central authority that oversees intellectual property rights, including patents, designs, and trademarks in Bangladesh. It is responsible for granting and managing patents, as well as ensuring the protection of intellectual property in the country.

Registrability of a Trademark in Bangladesh:

1. Patentable Inventions:

In Bangladesh, patentable inventions are subject to certain legal requirements and criteria. To obtain a patent for an invention in Bangladesh, the invention must meet the following key legal requirements. Such as:

1. Novelty: The invention must be new and not publicly disclosed anywhere in the world before the filing date of the patent application. This means that any prior publications, public disclosures, or prior patent applications for the same invention could affect its novelty.

2. Inventive Step: The invention should involve an inventive step, meaning it should not be obvious to a person skilled in the relevant field. In other words, the invention should represent a significant advancement or improvement over existing technology or knowledge.

3. Industrial Applicability: The invention must be capable of industrial application, which means it should have practical use and be capable of being made or used in an industrial or commercial setting.

2. Annuity and Subsequent Maintenance:

The term of any patent (when Letters Patent issued) shall continue for 20 (twenty) years from the date of filing of the patent application or, as the case may be, the priority date. And for the preservation of the patent, the annual fee shall be applicable from the beginning of the 6^th (sixth year) from the date of a patent application or, as the case may be, the date of priority, and the application for renewal shall be made with payment of the prescribed fee before the expiry of five 5^th (fifth) year of the patent.

Remedy for infringement:

The remedies available for patent infringement in Bangladesh is typically aim to provide the patent holder with compensation for the unauthorized use of their patented invention and to stop the infringing activities. A patentee can file a suit in District Court having jurisdiction to try the suit against any person who makes, sells or uses the invention without his license or counterfeits it. A successful plaintiff is entitled to the relief in the form of injunction, damages or an account of profit. Here are some common remedies:

1. Injunction: The court may grant an injunction to stop the infringing activities immediately. This means the alleged infringer will be ordered to cease producing, selling, or using the patented invention. Injunctions can be temporary or permanent, depending on the circumstances.
2. Damages: The patent holder may be entitled to damages as a remedy for patent infringement. These damages can be compensatory and are intended to compensate the patent holder for the financial losses they suffered due to the infringement. The damages may be calculated based on factors such as lost profits, royalties, or the actual harm caused.
3. Accounting of Profits: In some cases, the court may order an accounting of profits. This means that the infringing party will be required to account for the profits they earned from the infringement, which may then be awarded to the patent holder as a remedy.
4. Seizure and Destruction: The court may order the seizure and destruction of infringing products or materials used in the infringement.
5. Legal Costs: The court may also order the infringing party to pay the legal costs incurred by the patent holder during the litigation.
6. Publication of Judgment: In certain cases, the court may order the publication of the judgment, which can serve as a deterrent to potential infringers and a means of protecting the patent holder's reputation.