Copyright in Copyright office & Patent, Design and Trademark registration in Bangladesh : A path to financial stability

Copyright in Copyright office & Patent, Design and Trademark registration in Bangladesh:

The Copyright registration held in Copyright Office;  and Patent, Design and Trademark registration in Bangladesh is under Department Patents, Designs and Trademarks (DPDT). The Patent, Design and Trademark registration in Bangladesh in monitored under Ministry of Industries and Copyright registration supervised under Ministry of Cultural Affairs. Any individual or his/her representative such as a law or IP law firm in Bangladesh can easily apply for Patent, Design, Copyright and Trademark registration.

Copyright in Copyright office & Patent, Design and Trademark registration in Bangladesh: Overview

In broad “patent” means the exclusive right granted by a government to an inventor to manufacture, use, or sell an invention for a certain number of years. “Design” can be defined as an outline, sketch, or plan, as of the form and structure of a work of art, an edifice, or a machine to be executed or constructed. It can also be an organization or structure of formal elements in a work of art like composition; or the combination of details or features of a picture, building, etc.; the pattern or motif of artistic work.( Source: http://www.dictionary.com)

In general “trademark” is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others. A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner.( Source: http://www.dictionary.com)

In common terms “copyright” is the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. (Source: https://www.google.com/)

Copyright in Copyright office & Patent, Design and Trademark registration in Bangladesh : Bangladesh scenario

It is repeatedly apparent in Bangladesh that lot of “creative talents” received an untimely and inhuman death because of poverty, even some time they died of lack of basic needs such as food, shelter and medical treatment. However, in developed countries such as USA and UK creative/intellectual persons live a wealthy life. The most crucial reason behind such economic status of such people in Bangladesh is the absence of “intellectual property law” practice especially the “copyright law” since the law related to patent, design and trademark is generally practiced in standard level in corporate and business environment. Before denying the possibilities someone should consider the consequences of having “copyright” registration from national copyright office.

The Copyright law allows authors or originators to be financially remunerated for their talents and labours which they have been put in creating something original. The monetary remuneration works as a motivation to them to continue their creation.

The person or enterprise who holds the copyright is the only one legally able to reproduce, change, publish, sell, distribute, rent or perform the copyrighted material. With the lack of copyright protection, it will be easy for anyone to claim such work as their own and to exploit it without giving any recognition or compensation to the original creator. Copyright law also protects the authors or originators of derivative (or new) works: For example- Dramatizations, translations, adaptations, abridgments, arrangement, and other alterations of literary or artistic works. There is one of the reasons behind creation of copyright laws that it give authors or originators exclusive rights to their creation for a certain time which is at least lifetime of the creator plus 50-60 years( it varies in different countries).

The copyright laws are not only for the creator’s benefits, it benefits the public too. One of the purposes of copyright law is to promote “the progress of science, useful and recreational arts”. The public benefits in at least two ways: the authors and inventors continue creating original works that these authors or originators may not have developed if there is lack of copyright law and secondly, these creations are freely usable by the public once the limited time has passed. It should also be noted that authors and copyright holders are not necessarily the same people. The author or the creator of the work usually owns the copyright.

However, if an employee created the work as part of a job, the employer automatically holds the copyright. The Copyright registration certificate from copyright office gives copyright owner the legal rights with important implications for those works that creates businesses to them. These include the exclusive right to make and distribute copies; sell, rent or license the work; display or perform the work publicly; and to create new works based on the original copyrighted work. So apparently copyright law helps to build business and commercial venture where thousands of people’s livelihoods are involved. In Bangladesh “Intellectual Property Law” draw its attention towards the government and that is why several statues enacted by Bangladesh Parliament. The government enacted separate extensive Law and Rules in relation to “copyright law” and they are Copyright Act 2000 and Copyright Rules 2006.

Similarly the person or enterprise who holds the patent, design and trademark is the only one legally own rights of such intellectual work of the creators or owners. With the lack of patent, design and trademark protection, it will be easy for anyone or any business or organization to claim such work as their own and to exploit it without giving any recognition or compensation to the original creators or owners. The patent, design and trademark registration in Bangladesh gives the owners the legal rights with important implications for those works that creates businesses to them. Relevant laws regarding patent, design and trademark are:

Patent and Design: Patents and Designs Act, 1911

Trademark:     The Trade Marks Act, 2009

Trade Mark Rules, 2015

The above features show the list of possibilities (not an exhaustive list) can be achieved only by accepting the opportunity available under the laws of Bangladesh. Implementation of Patent, Design, copyright and Trademark registration in Bangladesh became important aspect in the business community from last decade. But still we have  a long journey ahead.

Copyright in Copyright office & Patent, Design and Trademark registration in Bangladesh : A path to financial stability

Written By: Sheikh Saiful Islam Rajib

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