Intellectual Property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. There are two categories of intellectual property: Industrial Property and Copyright. Industrial property includes inventions (patents), trademarks, industrial designs, and geographical indications of source; and Copyright includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing acts in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. . Rights relating these properties are collectively called Intellectual Property (IP) Rights. All over the world, national statutes protect these rights. In Bangladesh, protection of industrial property comes under the purview of Ministry of Industries. On behalf of M/O Industries Department of Patents, Designs & Trademarks (DPDT) administers all the activities relating to industrial property. DPDT started its work as a department from 20.3.2004.
Registrar is the head of this department. He is a joint secretary of the govt. DPDT has 4 wings, each is headed by a Deputy Registrar. The wings are:
a. Patents & Designs Wing,
b. Trademarks Wing,
c. Geographical Indication Wing,
d. WTO and International Affairs Wing,
e. Administration & Finance Wing.
It has 9 sections, each headed by one Assistant Registrar.
Following organizational chart shows the approved work force of the DPDT:
Location of the Department:
The DPDT is situated on the fifth and sixth floor of the Ministry of Industries, 91, Motijheel Commercial Area, Dhaka-1000.
Following IP related laws are prevailing in Bangladesh:
- The Patents and Designs Act -1911;
- The Trademarks Act – 2009;
- The Geographical Indication of Goods Act – 2013;
- The Copyrights Act – 2000 (Amended in 2005).
The following IP rights are protected under these laws:
- A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. Under the Patents and Designs Act -1911 patents are granted. Patents provide 16 years protection from the date of filing of the application.
- An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial designs are protected under The Patents and Designs Act -1911. Registration of assign is given for 5 years. It could be renewed twice, each renewal remains valid for 5 years.
- A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. The trademarks system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. A registered trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. In Bangladesh trademarks and service marks are registered under The Trademarks Act- 2009. Registration provides 7 years protection; it can be renewed every after 10 year on payment of renewal fees
- Copyrights are protected for original intellectual work of literature, art, music, software, etc. under The copyrights Act – 2000 (Amended in 2005). Copyright exist upto 60 years after the death of copyright owner.
The Department of Patents, Designs and Trademarks (DPDT) administers all the above mentioned IP rights except copyrights.