News

Advocates IP Law Alliance is a full service Intellectual Property (IP) Law Firm in Bangladesh. The page under news is created for informing the recent development to our foreign clients and Associates. If more information is required regarding protection of Patent, Design, Trademarks, Domains we may be contacted through e-mail at – iplaw@bangla.net or call us at our cell at – 880-1797-589335.

Public holidays in Bangladesh in 2017.

Friday and Saturday are weekends. If you like to see the list of holidays for the year 2017 please click the link above.

 INTRODUCING SERVICE MARKS

THE TRADEMARKS ACT, 2009.

The Trademarks Act, 2009 has given opportunity to file applications for protection of Services. Application can be filed for registration of services under International Classes 35-45.

CLAIMING PRIORITY

The applicants from the member countries of WTO and signatories of Paris Convention can claim priority under Section 120 of the Trademarks Act, 2009. Priority applications can be filed within six months from the date of application in member countries. It is necessary to file a certified copy of the priority application on which the applicant claimed priority in Bangladesh . Application filed in Bangladesh based on priority would be considered from date of priority application.

PROTECT YOUR BRAND / BRAND PROTECTION IN BANGLADESH

Bangladesh as one of the developing countries offers special privileges for the foreign business houses, investors and traders. There are probabilities to enhance the Government charges for Registration of Trademark in Bangladesh. In 2008 the Government has increased the fees up to 15 times only for registration of trademark and further increase may put the applicant under extra pressure. Registration of trademarks in Bangladesh is easy, simple and inexpensive. For further information please contact us at e-mail – info@biplobd.com or iplaw@bangla.net or call us at 8801797589335 for brand protection in Bangladesh.

TRADEMARK SEARCH IN BANGLADESH

Search of Trademark takes around two working days time including obtaining information and providing the opinion on the registrability. It is also possible to search by owner / proprietor of the mark. However, presently we provide trademark search at no fee for our valued clients and associates. To conduct the search we will need the mark and the class.

RENEWAL OF TRADEMARK REGISTRATION IN BANGLADESH.

Under the new Trademarks Rules, 2015 the renewal application must be filed at least three months before expiry of the term. 

RECENT TRADEMARK ENFORCEMENT ACTION IN BANGLADESH

Please open the above link to watch TV news on trademark enforcement in Bangladesh.

Enforcement of Intellectual Property Right – Bangladesh

The development of the IP system depends on the effective enforceability of IP rights. Bangladesh present IP enforcement mechanisms are well organized and the agencies are now well coordinated and their effective measures can limit the number of violations.

Application by National of Taiwan

As per circular issued in 2013 by the Ministry of Foreign Affairs and Ministry of Industries it is possible that the national of Taiwan can file Patents and Trademark Applications in Bangladesh if the applicant is willing to show Taiwan as province of China the Department will accept the application.

2014 Corporate Intl Magazine Global Award Winner

Advocates IP Law Alliance is the winner of 2014 Corporate Intl Magazine Global Award and it has been selected as the “IP Law Firm of the Year in Bangladesh”.

2015 Corporate Intl Magazine Global Award Winner 

Advocates IP Law Alliance is the winner of 2015 Corporate Intl Magazine Global Award and it has been selected as the “IP Law Firm of the Year in Bangladesh”.

Trademark Search in Bangladesh.

Trademark search by mark or by company name takes around two working days including obtaining information and providing opinion on the registrability. However, we provide this service free of cost for our valued clients and associates.

 

RECENT DEVELOPMENT IN THE BANGLADESH PATENT OFFICE.

The Department of Patent, Design and Trademarks in compliance of Memo from Cabinet Division being No. 04.00.0000.51251.001.14.156 dated 1 June, 2014, Ministry of Industries Circular No. 36.00.0000.051.27.015.14.190 dated 3 June, 2014  and Department of Patents, Designs and Trademarks circular No. 89.00.0000.001.10-280/2014/2411 dated 29 June, 2014  notified all concerned that every Monday from 11:00 to 13:00 hours at Room No. 624 it will attend public hearing to receive suggestions and complaints and immediate steps would be taken on the basis of suggestions and complaints.

In August 2014 the Trademarks Department has requested the Attorneys to file application for examination of the applications pending for long time below serial 100000. As a result the unexamined applications filed before seven years back will get the chance to examine.

RECENT INFRINGEMENT ACTION IN BANGLADESH

Ad-interim injunction granted by the Ld. District Judge on 22 January, 2015.

Title Suit No. 39 of 2014

AKAI –VS- AKAI

Phenomenon Agents Limited –vs- Electrical and Electronic Company Ltd.

Phenomenon Agents Limited is a company incorporated in British Virgin Islands and wholly owned subsidiary of Akai Electronic Co. Ltd. of Japan. Phenomenon is the owner of well-known Trademark, AKAI, registered in the year 1948 in Japan and doing business in Bangladesh through its various agents for a long period of time. A Bangladeshi Company, Electrical & Electronics Company Ltd. is unsuccessfully tried to obtain registration for the said mark, AKAI and thereafter filed a petition before the tribunal for removal of registration (Rectification Case No. 377 of 200) of the mark, AKAI so that Bangladeshi company can secure the registration. The Tribunal on 1 February, 2012 rejected the rectification case on various grounds including article 6vis of the Paris Convention. Bangladeshi Company preferred appeal before the Hon’ble High Court Division in 2012 but could not obtain any order. In the meantime, This company is continuing business with the mark, AKAI, without any prior permission from the proprietor, Phenomenon. The proprietor issued warning notices and legal notices but the local trader did not pay any attention to the warnings.

Phenomenon lodged a suit before the Court of District Judge, Dhaka being Title Suit No. 39 of 2014 and also filed application for ad-interim injunction against the infringer, Electrical and Electronics. The Learned District Judged heard the matter on 22 January, 2015 and passed the following order – In the meantime the Defendant O.P. No. 1 (Electrical and Electronic) be restrained from manufacturing selling and marketing any electronic products under the trademark AKAI as shown in schedule “B” of the petition in the market by an order of ad-interim injunction …

The Hon’ble High Court Division of the Supreme Court has passed the following order on 13 December, 2015 in Misc. Appeal No. 71 of 2016:

The Defendant-respondent opposite Party No.1 is restrained by an order of temporary injunction from manufacturing, selling and marketing any electronic products under the trademark “AKAI” till disposal of the Appeal. 
SANSUI –VS- SANSUI

Ad-interim injunction granted by the Ld. District Judge on 22 January, 2015.

Sansui Accousties Research Corporation –vs- Electrical and Electronic Company Ltd.

Sansui Accousties Research Corporation is a company incorporated in British Virgin Islands. Sansui Accousties is the owner of well-known Trademark, SANSUI adapted in the year 1947 in Japan and doing business in Bangladesh through its various agents since long. A Bangladeshi Company, Electrical & Electronics Company Ltd. is also trading with the identical mark, SANSUI without any prior permission from the proprietor, Sansui Accousties Research Corporation. The Trademark agent also did not take any steps against such unlawful application filed by Bangladeshi Trader. As a result the Bangladeshi trader obtained a registration. (The Bangladeshi Trademark Agent, K.A. Bari seems that somehow co-operated the Bangladeshi Trader in getting the mark registered. In a separate case The Department of Patents, Designs and Trademarks conducted investigation against K.A. Bari and found gross irregularities and involvement in criminal activities including issuance of false trademark registration certificates and also issuance of other certificates in the name of Trademarks Department. Necessary legal action would be taken for such violation against this agent) The Department of Patents, Designs and Trademarks finally on 22 July 2015 issued circular notifying that it has deleted the name of K.A. Bari from the Register.  However, the proprietor issued warning notices and legal notices but the local trader did not pay any attention to the warnings.

Sansui Accousties Research Corporation lodged a suit before the District Court, Dhaka being Title Suit No. 40 of 2014 and filed application for ad-interim injunction against the infringer, Electrical and Electronics. The Learned District Judged heard the matter on 22 January, 2015 and passed the following order – In the meantime the Defendant O.P. No. 1 (Electrical and Electronic) be restrained from manufacturing selling and marketing any electronic products under the trademark SANSUI as shown in schedule “B” of the petition in the market by an order of ad-interim injunction …

 

Infringer obtained ad-interim injunction order against the distributor

 

Classic Sanitary & Apon Sanitary –Vs- Builtec

 

Mr. Nur Mohammad is the proprietor of Classic Sanitary and Apon Sanitary. Since its inception it has started infringing the IP Right of the renowned Malaysian manufacturer, Watertec Malaysia Sdn Bhd. Malaysian Company Watertec is a renowned bathware manufacturing company and protected its IP rights in Bangladesh. The Malaysian Company informed from reliable source that Mr. Nur Mohammad started copying its product and accordingly contacted him for not copying its products and Mr. Nur Mohammad on 30 January 2013 in writing assured Watertec that he will not copy any product of the Watertec. Mr. Nur Mohammad again started the infringement and the local agent, Builtec issued legal notice upon Nur Mohammad on 08 July, 2015. Mr. Nur Mohammad suppressing all fact filed a suit being Title Suit No. 35 of 2015 before the District Judge claiming that he is the inventor and original user of the product and filed application for ad-interim injunction order. The learned Court issu4ed the same ad-interim order against the agent of Watertec, Builtec on 22 July, 2015.

 Upon receipt of the order the local agent filed reply and also filed application for vacating the order of ad-interim injunction order.  The District Judge on 12 August 2015 transferred the matter to the Second Additional District Judge for disposal and the Second Additional District Judge fixed the matter for hearing on 17 August 2015 and after the hearing fixed the matter for order on 25 August 2015 and thereafter on 09 September 2015. The Second Additional District Judge vacated the order of ad-interim injunction order issued on 22 July 2015 and rejected the application for temporary injunction.

 

The District Court issued the injunction against the infringer

 Watertec –vs- Classic & Apon Sanitary

Bangladeshi Traders, Classic Sanitary and Apon Sanitary involved in copying the product of the Watertec since long. Watertec communicated with the proprietor of Classic and Apon sanitary, Mr. Nur Mohammad for not copying its product and Mr. Nur Mohammad in writing assured the Watertec on 31 January 2013 that it will not copy any product of Watertec. Early this year (2015) Watertec came to know that Mr. Nur Nabi again started infringing its IP right and to stop the violation filed a suit being No. 49 of 2015. The District Judge being satisfied issued a show cause notice as to why temporary injunction shall not be issued till disposal of suit and also issued ad-interim injunction order as below:-

 In the meantime, Defendant Nos. 1 and 2 are restrained by an order of ad-interim injunction from producing, marketing, distributing and selling any goods using deceptively similar of the Plaintiff, as described in schedule A to the petition till further order.

 

The District Judge issued the order on 9 November, 2015.

 RECENT NOTIFICATION OF DEPARTMENT OF PATENTS, DESIGNS AND TRADEMARKS, BANGLADESH

The Department vide its notification dated 22 July, 2015 informed all concerned that it has removed the name of K.A. Bari (Trademark Agent) from the Register for the criminal activities including issuance of false trademark registration certificates and other allegations. The Department has taken this action after a thorough investigation and the notification is circulated through its web, www.dpdt.gov.bd. For detailed information please visit www.dpdt.gov.bd

Increase of Government Fees for Trademarks

The Government while finalizing the Trademarks Rules 2015 increased the Government fees for all Trademark matters effective since 01 September 2015 circulated in December, 2015. Presently applicants are required to pay the maximum fee for a single goods and increased the late renewal fees five times.