Bangladesh is one of the top three countries where processing trademark applications faces extreme delays, according to a latest annual report of the United States Trade Representative.
The two other countries are Iraq and South Africa, says the USTR 2024 Special 301 Report on Intellectual Property Protection and Enforcement' published on Thursday.
"Delays in obtaining registrations present a significant obstacle for protecting IP rights in foreign markets, with stakeholders identifying Bangladesh, Iraq, and South Africa as countries with extreme delays in processing trademark applications," read the report.
It identified a wide range of concerns like challenges with border and criminal enforcement against counterfeits, high levels of online and broadcast piracy, inadequacies in trade secret protection and enforcement in China, Russia, and elsewhere, troubling 'indigenous innovation' and forced or pressured technology transfer policies and other ongoing, systemic issues regarding IP protection and enforcement, as well as market access, in many trading partners around the world.
Citing a study of the Organisation for Economic Co-operation and Development (OECD) and European Union Intellectual Property Office (EUIPO) released in June 2021 that identified Bangladesh as one of the top five source economies for counterfeit clothing globally, the USTR report said stakeholders have also identified this as a concern this year.
The OECD and the EUIPO study titled 'Global Trade in Fakes: A Worrying Threat' said that China (together with Hong Kong) continued to be the largest origin economy for counterfeit and pirated goods, accounting for more than 85 per cent of global seizures of counterfeit goods from 2017 to 2019.
The report said that combating such unfair trade policies could foster American innovation and creativity and increase economic security for American workers and families.
When asked, senior secretary of industries ministry Zakia Sultana said the allegation of 'extreme delays' is not fully correct as processing of trademark applications has been sped up in recent times.
She added that there might be some procedural problems in processing patent applications faster.
The industries ministry is working to introduce an automated system for the patent registration to make the process faster, she added.
Regarding the allegation of counterfeit clothing, the senior secretary said they informed the USTR delegation about the issue that counterfeit apparels are not produced in Bangladesh.
The USTR report, however, highlighted that counterfeit products were more likely to be made of substandard materials or contain toxic or harmful chemicals and to be manufactured in workplaces that were not subject to the same regulations and safety standards as legitimate commerce.
"As such, these products can pose serious potential health and safety risks to consumers. The production and sale of counterfeit goods also harms local businesses and governments by undermining fair market values and disincentivising investment," read the report.
The USTR report called for adequate and effective enforcement against trademark counterfeiting, which could play a key role in reducing the potential safety risks due to counterfeit products.
The Special 301 Report is the result of an annual review of the state of intellectual property (IP) protection and enforcement in US trading partners around the world that detailed USTR's findings in a review of more than 100 trading partners after significant research and enhanced engagement with stakeholders.
The report highlighted progress made by the US trading partners including Dominican Republic and Uzbekistan to resolve and address the IP issues of concern.
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