IP Infringement & Enforcement

What this covers

We enforce and defend intellectual property rights in Bangladesh: trademark infringement and passing off, copyright infringement and piracy, design and patent matters, and disputes before the Department of Patents, Designs and Trade Marks. We also handle oppositions and rectification.

The governing statutes

Trademarks are governed by the Trademarks Act 2009, copyright by the Copyright Act 2023, and patents and industrial designs still by the Patents and Designs Act 1911. Registration runs through the DPDT and the Copyright Office; infringement is litigated in the courts.

Enforcement

Enforcement usually starts with a cease and desist notice, followed where necessary by a suit with an application for injunction, and, for counterfeit goods, steps at the border and criminal action where the statute allows. Speed and evidence of use are the two things that decide most of these cases.

Defending an allegation

Not every allegation of infringement is sound. Prior use, distinctiveness, the scope of the registration and genuine differences between marks are all defences worth taking properly.

What helps

• Registration certificates and the registry records
• Evidence of first and continuous use: invoices, packaging, advertising
• Samples or evidence of the infringing goods or content
• Any earlier notice or correspondence with the infringer

Where it is heard, and how long it takes

Infringement is litigated in the courts, with appeals to the High Court Division, while registration, opposition and rectification are dealt with through the registry. Interim injunctions can be sought early and are often the decisive step. Full trials run a year or more.