WORLD TRADE  
ORGANIZATION  IP/C/W/546 
23 March 2010 
 (10-1578) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   English 
 
 
 
PRIORITY NEEDS FOR TECHNICAL AND FINANCIAL COOPERATION 
 
Communication from Bangladesh  
 
 
 According to paragraph 2 of the Decision of 29 November 2005 on the Extension of the 
Transition Period under Article 66.1 for Least Devel oped Country Members, "all the least developed 
country Members will provide to the Council for TRIPS, preferably by 1 January 2008, as much information as possible on their individual priority  needs for technical and financial cooperation in 
order to assist them taking steps necessa ry to implement the TRIPS Agreement". 
  The present document reproduces the inform ation which has been received from the 
delegation of Bangladesh by means of a communi cation dated 1 March 2010, and distributed as an 
advance copy for the TRIPS Council meeting on 2 March 2010.  
_______________ 
 
 
I. RATIONALE AND BACKGROUND FOR IP NEEDS ASSESSMENT  
1. Business and commercial linkages of inventions and creations are increasingly becoming 
important in the multilateral trading system. De veloped countries with high technological base and 
strong intellectual property (IP) regime are progressing faster than developing countries.  On the other hand, LDCs in general and Bangladesh in particul ar could not gain much from the knowledge-based 
world because of insufficient IP in frastructures.  They are, however, keen to develop their own R&D 
capabilities.  At the same time, they are in dire need  of technical and financial support to benefit from 
global innovation and technological development.   
2. Essentially, Bangladesh needs to develop its ow n infrastructure and strengthen its financial 
and administrative capacities to encourage innovation and enforcement of IP rights.  It needs to 
develop an IP policy, formulate or strengthen so me of the existing laws to make them TRIPS-
consistent, restructure its institutions, and unde rtake training and awareness-raising programmes 
among the policy makers, IP enforcing agencies and user s.  Apart from these, it wishes to preserve its 
genetic resources, traditional knowledge and folklor es with a view to gaining from commercialization 
of these resources.  
3. This document outlines the steps that Banglad esh envisages to achieve these objectives and 
identifies areas where it will require technical a nd financial assistance.  Bangladesh also proposes a 
comprehensive action matrix it wishes to follow in  order to ensure a TRIPS-compliant IP regime 
(Annex 2). 
4. It is to be noted that LDCs have been gran ted an extension of the transition period under 
Article 66.1 of the TRIPS Agreement until 1 July  2013 for protection of trademarks, copyright, 
patents and other IP rights as contained in th e TRIPS Council Decision on 29 November 2005.  This IP/C/W/546 
Page 2  
 
  decision was taken without any prejudice to the exte nsion of the transition pe riod for pharmaceutical 
products until 2016 adopted at the Doha Ministeria l Conference in November, 2001.  The Decision of 
29 November 2005 however, states that  "all the least-developed country Members will provide to the 
Council for TRIPS, preferably by 1 January 2008, as much information as possible on their individual 
priority needs for technical and financial cooperation in order to a ssist them taking steps necessary to 
implement the TRIPS Agreement".  As a follow-up to this decision,  the Government of Bangladesh is 
submitting this document setting out its  TRIPS Needs Assessment.    
II. INNOVATION, CREATIVITY AND TECHNOLOGY TRANSFER IN BANGLADESH 
5. Bangladesh has potential for innovation and creation,  but unfortunately it has not been able to 
develop an appropriate IP regime .  Interestingly in Bangladesh, the public sector plays a dominant 
role in research initiatives and the private sector utilises these facilities without much involvement in 
the research field.  However, Re search & Development (R&D) in th e public sector cannot cope with 
the rising market demand.  Major industrial sector s in Bangladesh like jute, ready-made garments 
(RMG) and pharmaceuticals could not grow properly, inter alia, due to the absence of need-based and 
appropriate R&D facilities.  
6. Although technologies used in the country are mostly imported, the scope of technology 
transfer is extremely limited.  Patent registration at the local level is insignificant.  Whatever patent applications are filed by the local firms are not br eak-through innovations.  Private sector stakeholders 
are not forthcoming with substantive R&D investme nt programmes.  Apart from this, grants provided 
by the government to the public research institutio ns are not adequate in facilitating R&D and the 
scientists and professionals who work behind these innovation processes are inadequately valued and 
rewarded.  
7. In the field of agriculture, the situation seems better.  This sector enjoys more allocation of 
funds vis a vis  other sectors as the sector generates more employment and contributes greatly to food 
security.  Besides, many R&D facilities have to be  continually strengthene d to feed the millions, 
given the limited land resources, and to fulfil the needs of the emerging agro-food processing 
industries.  Moreover, Foreign Direct Investment (FD I) is yet to play a desired role in the field of 
technology transfer.  
8. Undeniably, technology transfer plays a vital role in the overall development of a country.  
Institutional linkage between our local research institu tions and that of intern ational organizations is 
not yet deep-rooted and widespread.  Only a fe w research organizations, such as the Bangladesh 
University of Engineering Technology (BUET), Bang ladesh Agricultural Rese arch Institute (BARI) 
and Bangladesh Rice Research Institute (BRRI) have  technology transfer agreements with some 
international organizations.  BUET has technology transfer agreements  with the Asian Institute of 
Technology (AIT) of Thailand and some other in ternational research organizations.  BARI has 
research agreements with Australian research institutions, the International Maize and Wheat 
Improvement Centre (CIMMYT), the Asian Vegeta ble Research and Development Centre (AVRDC) 
etc. and BRRI has a technology transfer agreemen t with the Internationa l Rice Research Institute 
(IRRI).  At present, the country direly needs technol ogy transfer agreements with other countries and 
international organizations, particularly in the field of pharmaceutical products, key manufacturing 
industries and agriculture.  This may help enhan ce agriculture and industrial productivity and ensure 
availability of affordable medicines.  IP/C/W/546 
 Page 3 
 
 
  9. Although Article 66.21 of the TRIPS Agreement requests developed country Members to 
provide incentives for technology transfer to build th e capacity of LDCs, ther e remain questions about 
the effectiveness of the provision in the context of  Bangladesh.  In the past, pharmaceutical industries 
approached a number of intern ational pharmaceutical companies for technology transfer for 
production of some essential medicines in exchange  of granting exclusive marketing rights for a 
certain period;  unfortunately res ponses did not match the expectations. 
III. THE LEGAL FRAMEWORK FOR INTELLECT UAL PROPERTY PROTECTION IN 
BANGLADESH  
10. Although Bangladesh does not have a stand-alone intellectual property policy (IP Policy), it 
has however, inherited a set of intellectual property la ws and rules from the colonial regime.  The first 
IP law in this sub-continent was the Patent and Design Act, 1911.  Then, the English Copyright Act 
1911 was extended to India.  A few years later, tr ademarks law was adopted in 1940.  Bangladesh 
adopted these laws and rules after the independen ce in 1971 and a number of them were updated and 
amended over time.  A brief description of the IP laws and rules of the country is presented in 
Annex 1. 
IV. INSTITUTIONS INVOLVED IN IP POLICY FORMULATION AND 
IMPLEMENTATION IN BANGLADESH 
11. A number of institutions in Bangladesh ar e involved in IP policy formulation and 
enforcement.  These are the Ministry of Industries, Mi nistry of Cultural Affairs, Department of Patent 
Design and Trade Marks (DPDT), Copyright Office,  Judiciary, Police and Customs (under National 
Board of Revenue).  The present report however, review ed the operations of two main IP offices:  the 
Department of Patent Design and Trademar ks (DPDT) and the Copyright Office.  
12. Initially, the Patent Office and the Trademarks  Registry Office worked separately under the 
Controller of Patents & Designs and Registrar of Trade Marks respectively.  Both the offices were 
amalgamated in 1989 and named as the Department of Patents, Design & Trademarks (DPDT).  The 
Ministry of Industries was entrusted with the res ponsibilities of administering the activities of DPDT.  
The patents and design wings deals with the ma tters related to patents and designs, while the 
trademark registry wing grants registration for tradem arks.  The office is also expected to administer 
geographical indication laws and utility models wh ich are under process of formulation.  Copyright 
issues are dealt with by the Copyright Offi ce under the Ministry of Cultural Affairs.  
13. The DPDT is located at the capital city of Dhak a and has one regional office at the port city of 
Chittagong.  The Copyright Office is lo cated at the capital city but does not have any regional office.  
These offices do not have any institutional arrange ments with any district level organization or 
department to provide regiona l services on behalf of them.  
14. The DPDT operates in an inadequate office sp ace.  It does not have a separate library for 
preserving records.  The records are maintained ma nually within the office premises in such a way 
that there are chances of loss and misplacement of documents.  
15. The Copyright Office does not have its own office and presently occupies a portion of the 
National Archive Office.   
                                                      
1 Article 66.2 of TRIPS: Developed country Memb ers shall provide incentives to enterprises and 
institutions in their territories for the purpose of pr omoting and encouraging tech nology transfer to least 
developed country Members in order to enable them to create a sound and viable technological base. IP/C/W/546 
Page 4  
 
  16. These offices, however, operate within other lim itations including the shortage of adequate 
financial resources and manpower.  Moreover, th e officials have limited technical and legal 
knowledge on IP issues and none of the IP offices have any official with legal background.  The 
technical personnel and managers of DPDT or the Copyright Offices hardly have any opportunity to 
avail in-country or foreign trainings on IP issu es and acquire specialized knowledge on the subject. 
17. These offices do not have any computer operator or programmers.  A limited automation was 
accomplished in the DPDT, which covers nearly 5 pe r cent of the total activities of the organization, 
but the Copyright office completely runs on a ma nual basis.  None of these organizations have 
internet facilities.  
V. ENFORCEMENT AND REGULATORY REGIME OF IP SYSTEM 
18. Enforcement of IP rights is important for en couraging innovation and creation, technological 
development, promotion of fair competition and pr otection of consumer rights.  It is, however, 
observed that the protection and enforcement of IP  rights in an LDC like Bangladesh are far behind 
the desired level.  The reason for the low level of protection is that these countries are still fighting to 
meet their basic needs for their ex istence. Their main priorities are to ensure food security, provide 
basic education, health facilities, minimum shelter an d clothing for its citizens and also to fight natural 
calamities.  Moreover, these countries are dependent on foreign technologies.   
19. The IP offices have weak linkages with othe r IP enforcing agencies, particularly with 
customs, police and the judiciary.  Their communicati ons with the Ministry of Science, Information & 
Communication Technology, Ministry of Commerce, National Board of Revenue (NBR) or Board of Investment (BOI) etc are occasional in nature.  For IP enforcement, the IP offices need to strengthen 
linkage with the afore-mentioned enforcing agencies.  
20. Although Bangladesh is rich in genetic res ources and traditional knowle dge, the country does 
not yet have any legal framework or administrative mechanism for the protection of genetic resources, 
traditional knowledge and folklore and to obtain appropriate benefits from these.  
21. Truly speaking, IP knowledge or awareness is at a modest level among public officials, law 
enforcing agencies, business community and the general public at large.  There are little economic 
incentives for protecting IP rights on the part of inno vators and creators.  Moreover, they are not well-
organized for claiming the protection of their rights and to gain benefit from these.  There had not been an IP association to protect their interests in the past.  However, the issues are gradually 
receiving importance in the public and private sectors and an IP association has been formed recently 
which is yet to get necessary momentum.  
22. There is an absence of fully-fledged public or priv ate IP training institution.  It is therefore 
difficult for the policy makers, IP examiners, a ttorneys and negotiators to receive the required 
information and knowledge on IP issues.  Most of the universities do not offer IP courses, which 
makes it difficult to acquire IP knowledge at higher level.  
23. As mentioned earlier, the IP enforcement mech anism in Bangladesh is  inadequate.  The 
country does not have updated official statistics on th e infringement of IP rights.  The Department of 
Patent, Design and Trademark and the Copyright O ffice only maintain records related to complaints 
lodged by the aggrieved parties.  The users, par ticularly the book and software sellers have little 
knowledge or information about piracy a nd infringement of trademarks right.   
24. The Government of Bangladesh accorded its approval to the International Chamber of 
Commerce-Bangladesh for establishing the Bangladesh International Arbitration Centre (BIAC) as a 
limited company with equity participation of the Dhaka Chamber of Commerce & Industry (DCCI)  IP/C/W/546 
 Page 5 
 
 
  and the Metropolitan Chamber of Commerce & Industry (M CCI).  It is at its initial stage of operation. 
It needs to be made fully functional with re quired technology, equipment, experts and human 
resources.  
25. Section 22(2) of the Patent and Design Act,  1911 has the provision of granting compulsory 
licensing for domestic purposes, but not for export.   Moreover, the provision for avoiding double 
remuneration is not added in the Patent and Desi gn Act, 1911.  Bangladesh has not yet issued any 
compulsory licensing.  The concept is not widely known to the manufacturers or the professionals of 
the IP institutions. Bangladesh also did not ratif y the amendment of Article 31(f) and 31(h) of the 
TRIPS Agreement.  
26. Specialized judicial infrastructure for resolving IP cases is almost absent.  Any district level 
court (lower court) can hear the IP cases.  Any pers on has the right to take resort to the normal court 
system for settlement of IP cases. The aggrieved pers on also has the right to appeal to the High Court 
Division if he/she is not satisfied with the judg ement of the lower courts.  Apart from this, the 
Copyright Office runs a judicial court in its office.  The Copyright Board and Registrar, Copyright Office or any designated official of the Department  of Patent, Design and Trademarks also hear the 
cases against registrations granted to any right holder.  
27. The judges of regular courts need further exposur e to IPR concepts, legislation and case law.  
The prosecutors and the judiciary do not receive fo rmal training on IP laws.  They occasionally attend 
seminars/training or workshops  related to IPR laws.  
28. The country does not have an exclusive unit with in the police force and law enforcing agency 
for dealing with IP issues.  Police forces have limited opportunity for receiving formal training on IP 
issues and they work with limited knowledge and expe rtise on IP issues, which is not at all adequate 
to identify pirated items.  With limited manpower, the police force remains engaged primarily in 
maintaining overall law and order.  It is difficult to  engage the police as and when their services are 
required by the IP institutions.  
29. There is no separate unit within the customs authorities for IPRs.  Customs officials work 
under the direct administration of the National Board of Revenue.  No official networking exists 
between IP offices and Customs.  Under such circ umstances customs officials have limited scope for 
having information on IP laws a nd TRIPS provisions.  They actually do not receive any formal 
training on IP laws.  
VI. INITIATIVES TO IMPROVE THE PROTECTION OF INTELLECTUAL 
PROPERTY IN BANGLADESH 
Bangladesh Intellectual Property Office 
 
30. The Ministry of Industries has developed a project proposal, namely " Bangladesh Intellectual 
Property Office"  (BIPO) Project for setting up an integrat ed IP office with a view to delivering 
efficient IP services.  The main functions of th e BIPO will be to establish a legislative framework, 
ensure safeguard for industrial property, assist the en forcement of IP, create awareness, facilitate IP 
knowledge-sharing, encourage innovation and creativity etc.  The estimated cost of the Project is US$30.00 million.  The government of Bangladesh is actively searching for donors for implementing 
the project.  
Intellectual Property Rights Project 
 
31. A three-year technical assistance project namely "Intellectual Property Rights Project"  has 
been initiated in July 2008 with technical and financial assistance from WIPO and the European IP/C/W/546 
Page 6  
 
  Union.  The objective of the project is to strengt hen national capacity with a view to developing and 
modernizing the IP system.  The three year project aims to develop an automated IP system, train officials of the IP offices and raise awareness among IP  users.  The total estimated cost of the project 
is EUR 1.60 million. Continuation of the project activities for carrying forward the results would be needed for developing a sustainable IP environment in the country. 
Construction and Strengtheni ng of Copyright Office 
 
32. In the Copyright arena, the Government  has also approved a project namely "Construction 
and Strengthening of Copyright Office" with estimated  allocation of US$3 million.  The copyright 
office will be modernized through this three year pr oject if implemented.  Besides this, UNICEF has, 
in principle, agreed to grant US$26,000 to the Copyright Office for dissemination of IP knowledge. 
Establishment of an IP Knowledge Centre  
 
33. From the private sector, the Dhaka Chamber of Commerce and Industry (DCCI) has received 
endorsement from the Ministry of Industries to set up an IP Knowledge Centre (IPKC) for developing 
institutional and legal framework to catch up with  the global IP systems and reaping reasonable 
economic benefit from commercialization of their in novation and creation.  It will primarily support 
the private sector with IP knowledge and information.  The Centre aims to create awareness on IP issues, act as an "IP Help Desk" for the stakehol ders, help identify areas for preparing Bangladesh to 
adjust with global IP system beyond 2013 and in itiate policy advocacy. DCCI is also looking for 
financing to establish the Centre. 
Other Initiatives for Developing the IP Regime 
 
34. The Ministry of Cultural Affairs and the Copyright Office have formed a taskforce 
comprising members from different stakeholders.  The taskforce will monitor the enforcement of 
copyrights.  The Copyright Boar d has been reconstituted with members from private and public 
sectors with a view to hearing complaints related to copyright dispute and guiding the office relating 
to enforcement of copyrights. 
35. The Ministry of Cultural Affairs has already been engaged with the major chambers of 
commerce, law enforcing agencies, government departments, autonomous bodies and corporations 
with an earnest campaign to use IP as a tool to prot ect their resources.  The Registrar of the Copyright 
Office also issued communication to all gove rnment, semi-government, autonomous offices and 
corporations to refrain from using products which are not IP-compliant. 
36. The Government also issued directives to m obile phone operators to observe the Copyright 
Act in using IP resources of right holders and alerted them about the legal actions. 
37. The Department of Patent, Design and Trademarks has been observing World IP-Day on 26 
April since 2000 jointly with Chambers and othe r public and private stakeholders for raising 
awareness on IP issues.  They occasionally organize se minars, workshops and training on IP issues.  
38. Bangladesh Better Business Forum (BBBF), a hi gh profile body consisti ng of public-private 
partnership (PPP) was created in 2007.  It ai ms at improving the business environment through 
interactions between the business community and public officials to boost up trade and economy of 
Bangladesh.  Among others, it advises stakeholders for strengthening the IPR Offices for faster 
service delivery and better implementation of IP rights.   IP/C/W/546 
 Page 7 
 
 
  VII. PROPOSED PROJECTS FOR DEVELOPING  AN ENABLING IP ENVIRONMENT 
39. The following table indicates the proposed proj ects along with the estimated fund that should 
be available from donors as a minimum for implementing TRIPS Agreement in Bangladesh. 
Sl. # Name of the Project Estimated Cost 
(US$ million) 
1. Formulation of IP Policy (both in Bengali & English version) and 
dissemination of policy issues 0.5 
2. Review of the existing IP la ws, amendment of IP laws and 
preparation of Bengali & English ve rsion of the laws, formulation 
of GI law and Laws related to Protection of Traditional Knowledge, 
Folklore and Cultural Expressions  1.0 
3. Specialized trainings for the officials of Ministry of Industries, 
Ministry of Commerce, Ministry of Cultural Affairs, Ministry of Agriculture, DPDT, Copyright Office, police, judiciary, custom officials, businessmen, other related people and IP users 4.5 
4. Automation of the IP offices: development of IP databank and 
information system and organize trainings for the concerned 
officials and staff for running the automated system 2.0 
5. Conduct need-based studies on IP issues – IP cost benefit analysis, 
negotiating impact 2.0 
6. Develop local trainers & IP pr ofessionals and IP negotiators 2.0 
7. Set up an IP Institute in the private sector or IP Knowledge Centre 
in DCCI 5.0 
8. Establish mechanism for encouraging innovation and linking 
innovation with market through strengthening capacities of the 
Bangladesh Council of Scientific and Induatrial Research (BCSIR), Bangladesh University of Engin eering and Technology (BUET) and 
other institutions 9.52 
 
9. Undertake a project for community-based museums, conduct 
research on traditional knowledge, fo lklore and cultural expression 
and develop a database 14.52 
 
10. Bangladesh Intellectual Property Office- a project for setting up an 
integrated IP office to deliver efficient IP service  30.00 
Total US$71.04 million  
 
 IP/C/W/546 
Page 8  
 
  ANNEX 1 
 
IPR Laws in Bangladesh and the Agency R esponsible for the Formulation of Laws:
 
 
Issue Title Date of Effect Previous Rule TRIPS Consistency & 
Comments 
Copyright:  Copyright Office under Ministry of Cultural Affairs  
Act Copyright Act, 
2000 and 
Copyright 
(Amendment) Act, 2005 18 July, 2000 
and May, 2005 
(for the amended part) Copyright Ordinance  
formulated in 1962 
(Ordinance No XXXIV, 
1962)  made effective in Bangladesh from 26 
March 1971.  It was 
repealed by the Copyright Act, 2000. The law is consistent with the 
TRIPS Agreement. 
Definition of the existing act 
needs to be illustrated further to avoid confusion.  It is 
desired that the main law and 
its subsequent amendment in 2005 have to be combined for 
friendly use of the law.  An 
English version must be available for international 
correspondence. 
Rule Copyright 
Rule, 2006 12 September, 
2006 Copyright Rules, 2006 
was adopted repealing 
Copyright, 1967.  
Computer Programmes:  Copyright Office unde r the Ministry of Cultural Affairs  
Act Protected by 
the Copyright Act, 2000 and 
Copyright 
(Amendment) Act, 2005 18 July, 2000 and 
May, 2005 (for the amended 
part) Original Copyright 
Ordinance  formulated in 1962 (Ordinance No 
XXXIV, 1962)  made  
effective from 26 March, 1971.  It was repealed by 
the Copyright Act, 2000. Consistent with the TRIPS 
Agreement.  Additional protection for protecting 
textile design may be 
considered according to Article 25.2 TRIPS or 
through incorporation of a 
provision in the Copyright Act or Industrial Design Act. 
Rule Copyright 
Rule, 2006 12 September, 
2006 Copyright Rules, 2006 is 
applicable for Computer Programmes.  
Patents:  Department of Patent Design and Trademarks (DPDT) under Ministry of Industries  
Act Patent and 
Design Act, 1911 26 March, 1971 
(the date of 
Independence)  The Patent and Design 
Act, 1911 is still in place. A Draft Patent Act, 2006 was formulated, but not 
yet finalized. Duration of protection 
(16 years) is not consistent with TRIPS Agreement (20 years). Provision for export 
under compulsory licensing 
(CL) must be incorporated in line with the Protocol 
Amending the TRIPS 
Agreement of 5 December 2005.  Government has  IP/C/W/546 
 Page 9 
 
 
  Issue Title Date of Effect Previous Rule TRIPS Consistency & 
Comments 
issued an order for 
suspension of granting patent 
for pharmaceutical products and a mail box has been 
opened accordingly.  
However, this must be 
incorporated in the law.  A 
provision has to be included for avoidance of double 
remuneration in case of 
granting CL.  Provisions for parallel importation and 
reverse engineering have to 
be included.  
Rule Patent and 
Design Rule, 1933 26 March, 1971  Patent and Design Rule, 
1933 is still in place  
Industrial Designs: Department of Patent Desi gn and Trademarks (DPDT) under Ministry of 
Industries  
Act Patent and 
Design Act, 1911 26 March, 1971  The Patent and Design 
Act, 1911 is still in place. A Design Law, 2007 was 
formulated, but not yet 
finalized. Duration of protection is 15 
years subject to renewal in two instalments.  Duration is 
consistent with TRIPS, but in 
line with TRIPS the duration of protection may be for ten 
years for the first time and 
another five years subject to 
renewal.  Additional 
protection for protecting textile design may be 
considered according to 
Article 25.2 of TRIPS or through incorporation of a 
provision in the Copyright 
Act or Industrial Design Act. 
Rules Patent and 
Design Rule, 1933 26 March, 1971  Patent and Design Rule, 
1933 is still in place.  
Trademarks: Department of Patent Design and Trademarks (DPDT) under Ministry of Industries  
Act Trademarks 
Act, 2009 February, 2009 Trademarks Act, 2009 
was adopted by repealing the Merchandise Mark Act, 1889 and 
Trademarks Act, 1940 
which were effective in 
Bangladesh since 26 
March 1971, the day of independence.  The Trademarks Act, 2009 is 
consistent with TRIPS Agreement. 
Protection is granted for 
seven years subject to renewal. In order to avoid 
ambiguity about the duration 
of protection, it is suggested 
to add the phrase "Protection 
will be granted for indefinite period subject to periodic 
renewal in every seven years"  IP/C/W/546 
Page 10  
 
  Issue Title Date of Effect Previous Rule TRIPS Consistency & 
Comments 
in the existing Trademarks 
Act. 
Section 84 should include the 
protection through air and land route along with sea 
route. 
Rule Trademarks 
Rule, 1963 26 March, 1971  The Trademarks Rules, 
1963 is still in vogue.  
Geographical Indication:  DPDT under Ministry of Industries  
Act Geographical 
Indicators of Goods 
(Registration & 
Protection) Ordinance, 
2008 In the process There is no law related to 
geographical indication till now. A draft law has 
recently been prepared. The draft law is consistent 
with TRIPS.  
Rule Not in place Not applicable No GI rule has been 
prepared as yet.  
Layout Designs (Topographic) of Integrated Circuits:  DPDT under Ministry of Industries  
Act Does not exist 
as yet Not applicable   
Rule Does not exist 
as yet Not applicable   
Utility Models: DPDT under Ministry of Industries  
Act Utility Model 
Law In the process of 
formulation   
Rules Does not exist 
as yet    
Trade Secrets: DPDT under Ministry of Industries  
Act Does not exist 
as yet Not applicable   
Rule Does not exist 
as yet Not applicable   
Plant Varieties and Farmers’ Right: S eed Wing, Ministry  of Agriculture  
Act The Seed 
Ordinance, 
1977 
The Seed 
(Amendment) Act, 1997 
The Seed 
(Amendment) Act, 2005 19 July 1977 
 
13 March 1997 
 
 
22 September 
2005 
 Previously, there was no 
Act or rule for protection 
of plant varieties. A draft law for protection of 
Plant Varieties and Farmers 
Right has been prepared and 
is awaiting  approval.  
Rule The Seed 
Rules, 1998 18 March 1998    IP/C/W/546 
 Page 11 
 
 
  Issue Title Date of Effect Previous Rule TRIPS Consistency & 
Comments 
Border Measures: National Board of Revenue  
Act Customs Act, 
1969 
 26 March, 1971  Along with other  issues 
this law has the provision 
for restriction of 
importation of the items 
with counterfeit 
trademarks and design. The Customs Act, 1969 
covers trademarks and 
industrial design. It does not, 
however, make any reference 
to prohibition of import of 
goods infringing the copyright.  
Policy Import Policy 
Order, 2006-9   No specific reference is made 
to IPR issues 
Policy Export Policy, 
2006-09   No specific reference is made 
to IPR issues 
Protection of Traditional Knowledge and Folklore: Copyright Office under the Ministry of Cultural 
Affairs  
Act Protection of 
Traditional Knowledge and Folklore in the process A draft law on the 
Protection of Intellectual Property Rights of Traditional Cultural 
Expression of 
Bangladesh Act, 2006 has been prepared by a 
consultant of WIPO 
which is waiting for the approval of the WIPO.   
Competition Policy: Ministry of Commerce 
Act Competition 
Act, 2008 in the process  No specific reference is made 
to IPR issues in the draft law. 
 Source :  Ministry of Industries, Ministry of Agriculture and Ministry of Cultural Affairs and National Board of 
Revenue . 
  IP/C/W/546 
Page 12 ANNEX 2 
 
Action Matrix  for Encouragement & Commercialization of  Creation & Innovations and Enforcement of IP Rights  
 
Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
1. IP Policy 
Formulation of 
IP Policy • No stand-alone IP 
Policy exists 
• There is lack of 
effective coordination among the IP 
institutions & 
enforcing agencies 
due to absence  of an 
IP policy 
 • Develop clear vision of 
the government on  IP issues 
• Encourage creation and 
innovation 
• Protect creation and 
innovation 
• Commercialize creation 
and innovation 
• Establish  linkage 
between domestic innovation and market 
• Develop technological 
base 
• Make room for transfer 
appropriate technology 
• Improve efficiency and 
transparency in the IP 
institutions 
• Participate effectively 
in the bi-lateral, regional or multilateral negotiations related to 
IP issues 
• Create IP environment • Collect information on 
IP policy of the other countries 
• Share information with 
the stakeholders with a 
view to formulating an 
IP Policy 
• Formulate IP policies 
• Disseminate the goals, 
objectives and strategies of the IP policies 
• Analyse the present IP 
infrastructure 
•  Build capacity of IP 
related organizations 
• Undertake R&D for 
technological 
development and innovation 
• Organise separate IP 
policy Unit of the 
Government after an in-
depth study Responsible Agency
 
• Ministry of Industries 
• Ministries of Cultural 
Affairs 
• Ministry of Science & 
ICT 
Supporting Agency  
• WIPO 
• Ministry of Commerce 
• DPDT 
• Copyright Office 
• Trade Bodies 
• Relevant NGOs An IP Policy will be 
devised which would provide clear visions 
related to IP goals and 
strategies of the Government  It will also 
clearly define the role of 
different Ministries and Departments related to 
the formulation and 
implementation of IP 
policies and laws.  
   IP/C/W/546
 Page 13Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
2. Encouragement & Commercializat ion of Creation & Innovation 
Creation and 
Innovation • Country has limited 
technological base. 
Most of the 
technologies are imported  
• Private sector has 
limited  role in R&D 
• Public sector research 
institutions cannot 
cater  to  the present 
needs of a globalised 
world 
• BCSIR  needs  to 
perform its responsibilities as the coordinating body of 
the research institutions 
• Lack of linkages 
between R&D and industrial demand  
• The technologies 
developed are not properly protected and 
commercialized  
• Most of the researches 
are time bound and project based. Follow 
up actions should be 
taken for commercializing the 
research outputs at the • Encourage R&D and 
innovation  
• Restructure  the public 
sector research 
institutions so that they 
can deliver demand driven output in terms 
of development of 
products and technologies  
• Develop mechanism for 
establishing linkages 
between innovation and commercialization 
• Allocate adequate funds 
for promotion of 
technological 
development, innovation and creation. 
•  Make arrangement so 
that researchers  get 
proper financial 
incentives for undertaking research 
initiatives 
 • Redefine the role of 
public sector research 
institutions.  The 
institutions are to be restructured accordingly. 
BCSIR should 
accomplish responsibilities as the 
coordinator of the 
research institutions.  It should be transformed 
into an income 
generating organization fully / partially through 
collaborative research 
with the private sectors / 
industries 
• Identify the technological 
priorities  
• Search for proper 
innovation and creation 
• Encourage R &D both at 
the public and private sectors 
• Publicise  the 
innovations and creations 
• Provide supports for 
commercialization of the 
innovation and creation  
• Provide for  benefit 
sharing of research Lead Agency  
• Ministry of  Science and 
ICT 
• Ministry of Agriculture 
• Ministry of Industries 
• BCSIR 
• DPDT 
Supporting Agency  
• Donors 
• WIPO 
• Trade Bodies 
• Universities/BCSIR 
• NGOs More innovation and 
commercialisation of 
research outputs   
  IP/C/W/546 
Page 14 Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
industrial level 
• Research plans are 
developed without 
needs assessment of 
markets & industries  
• Agriculture researches 
are carried out to ensure food security.  
A few researches are 
carried out to meet the demand of the 
processing industries  
• Technologies 
developed through individual initiatives 
are not properly 
researched, or linked with markets 
• Research funds in the 
public institutions are 
extremely inadequate 
• Researchers do not 
receive proper incentives other than regular salary for 
conducting researches 
• Research outputs in the 
public sector are registered in the name 
of the institutions.  This 
generally works as disincentives to the 
researchers. Patenting 
of innovations are time outputs as exists in 
BRTC of BUET 
• Acomplish Research 
Needs assessment on the consideration of tax structures, tariff policies 
and industrial demands 
• Organize Regular 
meetings /Seminars /Workshops with the individual & institutional 
researchers and business 
community 
• Establish IP faculty in 
the BUET or chambers 
for assessing research 
needs and linking research output with 
business people  
• Increase fund for 
researches &  researchers 
• Provide adequate 
incentives for encouraging researches 
• Develop mechanism for 
reverse engineering 
particularly for the 
pharmaceutical industries   
   IP/C/W/546
 Page 15Issues Present Situation Objectives Action Needed Agency 
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Require from  Expected Outcome 
consuming & 
cumbersome 
• Other than BUET, 
researchers in the public sector institutions do not get 
any share when the 
research outputs are used commercially 
• There is huge brain 
drain from the public 
sector research 
institutions 
Technology transfers and Centre of 
Excellence for 
R&D • Country has poor 
technological base 
• Technology transfer 
mechanism particularly under Article 66.2 is 
not satisfactory 
 Technology transfer and 
dissemination of technologies at a cheaper 
prices and with reasonable 
terms and conditions • Establish a centre of 
Excellence of R&D and Training 
• Strengthen the public  
universities’ research 
facilities  
• Raise voice in the WTO 
and other international forums about the commitment on 
technology transfers 
• There must be conditions 
for collaborative research under FDI flow and 
foreign aid 
• Identify technological 
needs of the country and ask for supports 
• Undertake measures so 
that the business people • University Grant 
Commission for centre of excellence 
• Ministry of Science and 
Technologies  
• Ministry of Commerce for 
effective implementation 
of Article 66.2 
• Developed countries 
should be asked for effective transfer of 
technologies under 
Article 66.2 
• Developed countries will 
be requested for technology transfer 
agreements with 
Bangladesh  Advance technologies 
will be available in the country and those 
technologies will be used 
for commercial purposes 
 
  
  IP/C/W/546 
Page 16 Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
can utilize the 
technologies for their 
commercial benefits 
• Liaise  with non-residents 
Bangladeshi for technology transfers 
• Sign technology transfer 
agreement with the 
research institutions of the 
foreign countries 
• Identify local innovators 
and link them with 
business 
3. Legal Issues 
Improve Legal 
systems • Some of the provisions 
of the IP laws are not 
consistent with TRIPS 
Agreement  
• Import Policy Order, 
and Export Policy do  not have  clear 
provisions for 
preventing import  and  export of counterfeit 
goods 
• Customs Act do  not 
have clear provisions for preventing import 
of copyright pirated 
items  
• No law exists in the 
field of utility models, • Make the IP laws 
consistent with the 
TRIPS Agreement  
• Identify TRIPS 
flexibilities, incorporate them in the domestic laws and prepare plan for 
utilization of these 
flexibilities  
• Formulate laws related to 
Utility Model, GI, Trade 
Secret 
• Make provisions so that 
laws and regulations are available both in Bengali and English 
• Incorporate protection of 
IP in the Export Policy,  • Review existing 
Copyright, patent, design 
and trademarks laws and 
examine their inconsistencies with 
TRIPS 
• Identify TRIPS 
flexibilities and incorporate them in the existing laws and utilize 
the flexibilities 
• Formulate new laws 
related  to utility models, GI, and trade secret etc 
• Make user-friendly  
version of the copyright 
act 
• Incorporate compulsory Lead Agency
 
• Ministry of Cultural 
Affairs 
• Copyright Office 
• Ministry of Industries 
• Ministry of Commerce 
• DPDT 
Supporting Agency   
• WIPO, WCO & WHO for 
technical support 
  - Donors for financial 
support 
  -  Ministry of Commerce 
for expert opinions related to TRIPS 
  -  Ministry of Law, Justice • Laws will be consistent 
with existing TRIPS & 
flexibilities granted to 
LDCs will be incorporated in the IP 
laws  
• New laws relating to 
utility models, GI and trade secrets will be formulated 
• All IP laws and rules 
will be available both in 
Bengali and English for mass awareness raising  
   IP/C/W/546
 Page 17Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
GI, and trade secret etc 
• Most of the Laws/rules 
are either in Bengali or 
English Import policy Order and 
Customs Act 
   licensing, reverse 
engineering in the Patent 
law 
• Establish at least one 
separate IP court in the capital and gradually 
increase the number  in all 
divisional cities for quick disposal of IP cases 
• Translate existing IP laws 
and regulations both in 
English &  Bengali and Parliamentary Affairs 
Strengthening of the IP Institutions  
Strengthening 
Existing IP Institutions • IP institutions are 
constrained by extreme shortages of manpower. 
• Existing staff  have 
limited technical 
knowledge and 
expertise on IP issues 
• Office accommodation 
is not enough in the DPDT.  Copyright 
office does not have its 
own office space. 
• Bangladesh is not 
signatory to Madrid, 
Hague and PCT 
systems  
• Most of the operations 
are accomplished • Strengthen the IP 
institutions with efficient and skilled manpower 
• Improve transparency 
and efficiency in the IP institutions. 
• Provide improved and 
quick services to the 
clients. 
• Automation for better 
service delivery, transparency and 
accountability 
 • Immediately employ 
skilled manpower as is mentioned in the proposed organigram 
• Employ lawyers in the IP 
offices with specialized 
knowledge in IP laws 
• Prepare and implement 
long term plan for developing skilled manpower in the IP 
offices 
• Improve basic 
infrastructure of the IP offices 
• Introduce automation 
system of the IP offices 
• Establish separate IP 
office or set up BIPO in Lead Agency
 
• Ministry of Cultural 
Affairs 
• Ministry of Industries 
• Copyright Office 
• DPDT 
Supporting Agency   
• WIPO for technical 
support 
• Donors for financial 
support 
 
  • IP institutions will 
perform efficiently   
  IP/C/W/546 
Page 18 Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
manually 
• There are  no  digital 
records in the IP 
offices 
• There is no separate 
library for preservation and record of  information consultation with relevant 
Ministries & Department 
•  Improve HRD  
Improve 
Service Delivery of the 
IP Institutions • Poor service delivery 
• Lack of transparency 
• No procedural manual 
in the IP offices  
 • Improve efficiency 
• Ensure transparency 
• Reduce time for 
processing of applications 
 • Develop procedural 
Manual 
• Set up for on-line 
processing system of 
applications 
• Develop one stop services 
• Prepare time charter for 
the officials 
• Dispose all pending 
applications immediately 
through drastic initiatives 
• Ensure better access of the 
clients in the IP offices Lead Agency
 
• Ministry of Cultural 
Affairs 
• Copyright Office 
• Ministry of Industries 
• DPDT 
Supporting Agency   
• Donors for financial 
support 
 • Quick and satisfactory 
service delivery to the 
clients and 
• Eliminate  malpractices  
IP Enforcement  
Campaign for 
lower pricing policies for the books, 
software and 
reading material for 
the LDC users • Students, researchers 
and general users have limited financial capacities to purchase 
original software and 
book. This is one of the main reasons for piracy • Raise the issue in the 
WTO/WIPO to find a solution so that cheaper versions of software, 
CDs and books are 
available for the users of LDCs  • The issue is to be raised in 
the WTO, WIPO and also to the large alliances of software and publishers so 
that they are willing to 
supply cheaper versions of the CDs, books and 
software to the  users of 
LDCs Lead Agency
 
• Ministry of Commerce 
• Bangladesh Mission in 
Geneva 
• Bangladesh Embassy  in  
Washington  
• Ministry of Industries 
• Ministry of Science & ICT LDCs would have the 
opportunity of using cheaper versions of the books, CDs & software 
without violating IPRs.  
   IP/C/W/546
 Page 19Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
Enforcement 
of IP Laws • IP enforcement is 
weak. 
• There is little incentive 
for protection of IP rights. The country is a 
net importer  of 
technologies and small business cannot afford 
to use patented 
items/original copies 
• Weak linkage between 
IP institutions and law enforcing agencies e.g , 
police, judiciary and 
customs 
• There is no separate 
cell in police or customs 
• No IP tribunal exists 
• IP enforcing agencies 
have limited knowledge and skills in 
identifying fake goods 
• Judiciary/police have 
limited training opportunities on IP issues 
• Most of  the writers are 
deprived of getting royalties from the 
publishers.  There is no 
societal mechanism  to protect the interests of 
the right holders. • Ensure better 
enforcement of IP rights 
through appropriate 
legal, institutional and administrative supports • Establish linkages 
between IP institutions 
and enforcing agencies 
such as police, judiciary and customs through 
continuous dialogues, 
training, seminars etc 
• IP policy to  provide detail 
guidelines for establishing linkages 
• Establish separate cell in 
the NBR & Police 
Department 
• Establish at least one IP 
tribunal in the capital city and gradually expand it in 
other divisions 
• Organize specialized IP 
training programmes for the police, judiciary and customs 
• develop digital record 
registry system in the 
automation programmes 
of IP enforcing agencies  
• Incorporate a mandatory 
provisions for payment of 
royalties to the writers, 
composers, singers musicians  
• Formation of IP societies Lead Agencies
 
• NBR 
• Ministry of Home Affairs 
• Ministry of Law, Justice 
and Parliamentary Affairs 
• Ministry of Cultural 
Affairs 
• Ministry of Industries 
• DPDT 
• Copyright office 
Supporting Agencies  
• WCO 
• WTO 
• WIPO 
• other donors  
(for financial & technical 
supports) There will be better 
linkage between IP 
institutions and IP 
enforcing agencies that will improve the existing 
enforcing mechanism  
  IP/C/W/546 
Page 20 Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
Develop a 
private IP 
institution • There is no IP 
institutions for 
awareness raising, 
supporting  the government with 
expert opinions, and 
working as pressure group • Institution will 
encourage innovation 
and creations 
• Support the innovators 
and creators  
• Support government with 
knowledge and expert opinions on IP issues 
• Work as pressure group  
• Support IP users for 
protecting IP rights 
• Disseminate knowledge 
on IP issues 
• Institutions to  work as a 
body of ADR in the long run 
• Establish Dialogue with 
universities for inclusion 
of IP issues in the course 
curriculum of 
Departments of Law, 
Economics and International Relations • Identify innovators and 
creators 
• Support them for 
protection of their IP 
rights 
• Link innovators with 
entrepreneurs for commercialization of  innovation and creation 
• Provide supports and 
information to the 
government in formulation of IP policy and strategies  
• Provide expert opinion for 
negotiations on IP issues 
• Support for awareness 
raising, HR development 
and training 
• Lobby  with authority for 
appropriate protection of IP rights 
• Organize training 
programmes for the IP 
officials and negotiators 
• Develop IP experts and  
legal professionals through continuous training, workshops, 
seminars and study tours 
• Include IP courses in the 
universities' course curriculum Lead Agency
 
• Trade body (may be 
Dhaka Chamber of Commerce and Industry) 
for establishing IP 
institution 
 Supporting Agency
  
• WIPO, WCO & WHO for 
technical support 
• Donors for financial 
support 
 • The institution will 
provide supports to 
both the public and 
private organization with expert knowledge 
and information as well 
as work as pressure group.  
• It will help to develop 
IP skills and knowledge 
among the public and 
private sectors 
• It will support for  
technological 
development and assist 
commercialization of the technologies  
• Work on ADR in the 
long run.  
   IP/C/W/546
 Page 21Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
Awareness 
raising • Public & private 
sectors stakeholders 
have  limited 
knowledge and information about IP 
issues 
• Most of the University 
curricula do not have any IP course. 
 • Awareness raising at 
mass scale about 
protection of IP rights 
through proper legal provisions and 
administrative 
procedures  • Systematic and specialized 
training programmes 
• Organize campaigning 
programmes two/three 
times a year at the 
divisional levels and gradually expand the 
programmes at the district 
levels 
• Disseminate IP knowledge 
and information through 
trainings/workshops/ 
media /dialogues 
 Lead Agency
 
• Ministry of Cultural 
Affairs 
• Ministry of Industries 
• Ministry of Commerce 
• DPDT, Copyright Office 
• Trade bodies 
Supporting Agency   
• WIPO, WCO & WHO for 
technical support 
• Donors for financial and 
technical supports 
 • Better knowledge about 
IP issues; 
• Better understanding 
about legal obligation; 
• Improve protection of 
IP rights; 
IP Education:  
Develop IP 
Lawyers, trainers & professionals.  
Capacity 
building of the 
private service 
providers • There are very few IP 
lawyers in the country.  
• Government and 
individual also face 
difficulties in receiving 
expert legal opinion related to IP matters • Develop IP lawyers with 
a view to disposing IP cases efficiently both at 
the domestic and 
international levels   
• Provide expert legal 
opinion to the policy 
makers on the IP issues. • Publication of IP literature 
to the maximum extent 
• Select a group of young 
lawyers and train them on 
IP cases, decrees and 
judgements at home and abroad Lead Agency: DPDT
 
Trade bodies or proposed IP 
institution 
 Supporting Agencies
 
• Ministry of Law Justice 
and Parliamentary Affairs 
• DPDT 
• Bar Council A group of IP 
professionals, lawyers, experts, consultants will 
be developed who can 
defend the IP cases professionally at 
domestic and 
international levels. 
IP negotiations A number of bilateral 
and regional agreements, 
WCO and other 
international organizations have 
included IP issues in 
various ways. Develop negotiating 
expertise in the field of IP 
and disseminate 
knowledge for future participation in the 
negotiations • Take all measures  for 
utilizing TRIPS 
flexibilities 
• Bangladesh should 
actively participate in the bilateral, regional or multilateral IP Lead Agency
 
• Ministry of Commerce 
Supporting Agency  
 
• Ministry of Industries Effective participation in 
the IP negotiations and 
protection of the country 
interests  
  IP/C/W/546 
Page 22 Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
• Bangladesh has limited 
participation in IP 
negotiations negotiations to protect 
naional  interest 
• Develop a forum 
comprising  of  public and private sectors who will participate in the 
negotiations related to IP 
issues and support the government • Ministry of Cultural 
Affairs 
• Trade Bodies 
• Donors for financial 
supports to participate in the negotiations on a 
sustainable basis 
Protection of Folklore, Traditional Knowledge and Cultural Expressions  
Protection of 
Folklore, traditional 
knowledge 
and 
indigenous 
cultural expressions • There are huge stocks 
of folklore, traditional 
knowledge and 
indigenous cultural expressions in the 
country 
• Folklore, traditional 
knowledge and indigenous cultural expressions are 
gradually depleting due 
to lack of proper initiatives for nurturing 
them 
• Customary laws are 
also being in the process of   extinction  
 • Identification and 
protection and 
preservation of 
traditional knowledge, folklore and indigenous 
cultural expressions • Establish community 
based museums in the 
natural environment for 
about existing 100 indigenous communities 
and groups 
• Enact Traditional Cultural 
Act or incorporate provision for protection of  folklore, traditional 
knowledge and indigenous 
cultural expressions in the Copyright Act, 2000  
• The concerned 
communities have the 
right of benefit sharing for 
using their traditional knowledge 
• Identify the folklore, 
traditional knowledge and indigenous cultural expressions 
• Assess the traditional Lead Agency
 
• Ministry of Cultural 
Affairs  
• Ministry of Hill Tracts 
Affairs 
• District administrations 
• Local communities 
Supporting Agencies  
• WIPO and other donors 
• Develop  long term 
projects and involve researchers 
 • Traditional knowledge 
will be protected, 
restored and  its lost 
heritages regained. 
• Tourism industry will 
be developed and the community will benefit 
which will in turn bring 
positive results to  overall economy.  
   IP/C/W/546
 Page 23Issues Present Situation Objectives Action Needed Agency 
Responsible/Support 
Require from  Expected Outcome 
expression and marks 
which have commercial 
values  
• Protect the items which 
have commercial value right now 
• Items which do not have 
commercial value right 
now, initiatives should be 
taken for making them commercially viable 
through mass campaign 
and diversification of uses 
• Develop community-based 
IPR 
• Raise awareness among 
the indigenous people 
about the economic and 
social values for protection of folklores, 
traditional knowledge and 
indigenous cultural expressions 
• Involve them in the listing 
process and encourage  
them to lobby with the 
relevant authority  for 
protection of their 
resources 
 
__________