As a member of the World Trade Organisation (WTO), Bangladesh is committed to comply with the substantive obligations of the two main conventions of Word Intellectual Property Organisation (WIPO). These are: the Berne Convention on Copyright and the Paris Convention on Industrial Property.
A party to the Paris and Berne Conventions Treaties and Protocols along with other WIPO Instruments, Bangladesh has already complied with the respective WIPO conventions in granting Intellectual Property rights (IPRs) under its domestic regulations as per WTO Trade Related Aspect of Intellectual Property Rights (TRIPS) Article 3, 4 and 5.
Therefore, Trade Related Aspect of Intellectual Property Rights (TRIPS) waiver for the Least Developed Counties (LDCs) up to July 01, 2021 is no longer relevant for Bangladesh except for pharmaceutical and agricultural chemical products.
However, Bangladesh is not yet a party to any of the three major global Intellectual Property Right (IPR) protection systems. Membership of these systems will enable Bangladesh to grant global IPR registration to its local products which will substantially enhance its value-added global trade.
Three treaties are considered as global IPR protection systems. The first one is the Patent Cooperation Treaty or PCT 1978 which makes it possible to seek patent protection simultaneously in each of a large number of countries by filing only a single 'international' patent application with a single patent office (the 'receiving office') in one language having effect in all the countries party to the PCT. The applicant, however, may name or 'designate' selected countries in his or her application. As the decision on granting patents is made exclusively by national patent office in the national phase according to the provisions of national patent laws, the PCT system upholds sovereignty of member countries.
The second is the 'Madrid Agreement Concerning the International Registration of Marks 1989' and the 1996 protocol relating to the agreement. Generally termed as the Madrid System, it is a convenient and cost-effective solution for registering and managing trademarks worldwide by filing only a single application and pay one set of fees to apply for protection in up to 116 countries. By joining the system, a country can also modify, renew or expand global trade mark portfolio through one centralised system.
The third one is the Hague Agreement Concerning the International Deposit of Industrial Designs. It provides a practical business solution for registering up to 100 designs in over 62 territories through filing one single international application.
These WIPO instruments facilitate international registration of respective IPRs by providing a practical business solution for registering in designated countries and territories through filing only one single international application.
The IP office of the country of origin may fix, at its own discretion, and collect, for its own benefit, a national fee which it may require from the proprietor of the respective IPR in respect of which international registration or renewal is applied for. In any case, the most profitable source of revenue for most offices is from annual or renewal fees, which are not affected by the treaty.
For international applications filed by applicants who belong to a least developed country (LDC), included in the list established by the United Nations, the basic fee is reduced to 10 per cent of the prescribed amount.
The IPR registration offices receive an application which has already been examined and is accompanied by an international search report and by an international preliminary examination report. National authorities involved in approving licensing agreements likewise benefit from the greater value of a patent granted on the basis of an international application.
Patent offices also benefit from applications filed by foreigners, from an international search report and an international preliminary examination report. Their search costs are also thereby reduced.
The trademark offices, which operate under international registration system, do not need to examine for compliance with formal requirements, or classify the goods or services, or publish the marks.
There are a lot of advantages for the national economy and industry when the country becomes a party of the global registration system. IPRs granted on the basis of international applications usually provides a sound basis for investment and transfer of technologies.
Again, each designated contracting party has the right to refuse protection, within the time limit specified in the respective agreement or protocol. The time limit for a contracting party to notify a refusal is generally one year. Under the protocol, however, a contracting party may declare that this period is to be 18 months (or longer, in case of a refusal based on an opposition).
There are some perceived and misplaced concerns that signing of the PCT will force Bangladesh to provide patent protection to foreign pharmaceutical products and also that the PCT may take away the flexibilities of the TRIPS Agreement provided to LDCs.
As long as it remains LDC, Bangladesh has the option not to provide patent protection to pharmaceutical products until January 01, 2033 and agricultural chemical products until July 01, 2021 (Art 65.4) irrespective of whether it is a party or not to the WIPO International IPR Registration Systems like PCT, Madrid or the Hague Agreements.
In Bangladesh, the Department of Patent, Design and Trademark (DPDT) under the Ministry of Industry reserves the right to decide granting of patents. DPDT receives foreign patent applications (around 80-90 per cent) and grant patents in all fields of technology except pharmaceuticals and agrochemicals. There will be no change in this practice even after Bangladesh joins PCT. PCT is merely a filing system.
It is to be noted that neither PCT nor the WIPO grants any patent. The granting of patent or rejection of patent application is the sole responsibility of each national patent office of the contracting states. There are more than 150 contracting states in PCT, including 30 LDCs.
Currently, 30 LDCs are parties to PCT, twelve LDCs, including Bhutan, are parties to Madrid System and four LDCs to the Hague System.
In view of its ever expanding regional and global markets, it is imperative for Bangladesh to become a party, like some other LDCs, to these three Global IPR protection systems. These will facilitate and ensure global IPR registration of Bangladeshi products without having to undertake any additional international obligations other than those it has already undertaken and adopted in its own domestic regulations.
Agro and food products, apparel and clothing products, home textiles, leather products, footwear, pharmaceutical products, plastic and plastic goods, ceramics and ceramics tableware, electric and electronic goods, fish and frozen Fish, furniture products, jute products, jewellery, ships, boats and water transport products, information technology (IT) and software are most promising and priority products of Bangladesh for global IPR registration.
Manzur Ahmed is Advisor, Bangladesh Enterprise Institute (BEI), Bangladesh Chamber of Industry (BCI) and Bangladesh Plastic Goods Manufacturers and Exporters Association (BPGMEA). [email protected]
Dr Mohammad Abu Yusuf is Customs Specialist USAID-BTFA Programme. ma_yusuf@hotmail com
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