In 1997, a Texan company named RiceTec won a patent on 'Basmati rice lines and grains'.
Basmati rice, very popular worldwide for its fragrant taste, is being produced by Indian farmers over hundreds of years. The rice variety is named after an Indian region where it is grown abundantly.
The decision of the US Patents and Trademarks Office had created a brief diplomatic fissure between India and the US when the former threatened to take the issue to the World Trade Organisation (WTO).
However, following the submission of 50,000 pages of scientific evidence to the US Patents Office and diplomatic persuasion by the Indian government, the patent right given to the Texan company was largely withdrawn.
It is not known whether India has patented Basmati as its own product after what was dubbed 'bio-piracy' on the part of a company belonging to the developed world.
What is about famous 'Dhakai Jamdani' or 'Tangail' saree produced exclusively in Bangladesh? Have those been patented?
Both the items are also being produced and sold in neighbouring Indian state Paschimbango. However, there has been no attempt to grant patent rights on those items to any Indian saree producer. Similarly, 'Benarasi', named after the Indian city of Banaras, is produced in Mirpur area of Dhaka city.
A report published in the Financial Express last Monday highlighted the apathy of local producers, businesses, innovators and inventors towards patenting their own goods, products and inventions.
The FE report in question laid more emphasis on the poor revenue earning of the Bangladesh government through its patents and trademarks department. The revenue earned by the department was a paltry one, only Tk 109 million, in 2014.
But any kind of big revenue is not expected from the fees and charges realized on account of patent and trademark rights. The government is also aware of this fact.
What is important here is the eagerness of the relevant parties to secure patent rights for their own products. Patent and trademark rights help secure a congenial trade and business environment and reduce the propensity to produce counterfeit products and items.
The situation in Bangladesh, a least developed country, is not that encouraging. The businesses bother least about the intellectual property rights (IPRs). They are more interested in getting trademarks than securing patent rights for their products. The scientists and inventors too are not interested in patenting their inventions.
However, patenting an invention or product does not automatically ensure profits or good return. So, prior to patenting one has to take into consideration the economic benefit that might come from it. In the developed world, patenting an invention or product costs a sizeable amount of money. But in Bangladesh the cost involved in getting the patent rights is tolerable.
The companies that are operating in other countries do know the worth of patenting their goods, particularly in the developing and least developed countries. Unscrupulous traders in these countries have a strong propensity to produce counterfeits of products manufactured by the reputed foreign companies that have secured the international IP (intellectual property) rights.
However, the counterfeiters, in most cases, are not aware of the IP rights that are protecting the products and services of international companies. But any company having international or national patent rights could easily approach the authorities for remedial measures or file cases with appropriate courts. There has not been any patent battle of prominent nature in Bangladesh until now.
Experts and officials concerned say that Bangladesh businesses, scientists, inventors should be aware of the need for protecting their products using the IP rights. Otherwise, some foreign companies at opportune moments may one day lay claim on the same as their own products. Getting the products and inventions patented, thus remains the best possible option to face such an unwanted eventuality.
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