Enforcement of Intellectual Property Rights in Bangladesh: To What Extent Is It TRIPS-Responsive?

Mohammad Aktarul Alam Chowdhury

doi:10.4236/blr.2018.93026

Abstract

In recent times with the adoption of TRIPS we observe that enforcement of Intellectual Property Rights (IPRs) has emerged as a pressing issue on the global economy, and in the national and international intellectual property agenda. Particularly, whilst the WTO definitely promotes big IP exporters, scholars are tremendously worried about TRIPS “one size fit all” attitude that ultimately disregards the heterogeneity of the world’s populace and the exertions that threatens developing and least developed countries. The big and vital challenge facing by the developing country like Bangladesh today is how to cope with the mounting number of demands from intellectual property rights-holder, national and foreign, to upgrade their system for the enforcement of IPRs. And the effort of Bangladesh, in this respect, is not totally insignificant, for as a WTO family member Bangladesh imperatively needs to make it its IP regime TRIPS-responsive by 2021 starting from 1 July 2013. In this environment, this paper seeks to address briefly how the intellectual property rights are enforced in Bangladesh and to what extent the IPRs implementation and enforcement mechanism in Bangladesh is TRIPS-compliant. Finally this paper tries to put some recommendations to meet the WTO obligations using the TRIPS flexibilities.

Highlights

Harmonizing with the World Intellectual Property (WIPO) convention, Part-3 of the Trade Related Aspect of Intellectual Property Rights (TRIPS) Agreement focuses on the enforcement mechanism of Intellectual Property Rights (IPRs) including the procedure for civil and criminal matter relating to copyright infringement and counterfeiting trademarks that likely to be happened at the point of importation
Some scholars argued that strong protection mechanisms of IPRs in developing and least developed countries can boost their scientific innovations and technological advancement that will enrich economic growth and eradicate poverty in the country (Vincent, 2009)
In spite of strong criticism against TRIPS and having a considerable debate between developed and developing states, Bangladesh should persist on strengthening capacity building and coordination among different governmental institutions and bodies concerning intellectual property issues at the national, regional and international level

Summary

Introduction

The Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) (Marrakesh Agreement, 1994) which was the successful result of the Uruguay. The big and vital challenges realized by the developing country like Bangladesh today is how to cope with the mounting number of demands from intellectual property rights-holder, national and foreign, to upgrade their system for the enforcement of IPRs. And the efforts of Bangladesh, in this respect, are not totally insignificant, for as a WTO family member Bangladesh imperatively needs to make it its IP regime TRIPS-responsive by 2013, that was later extended by the TRIPS council until 2021 as to the proposal pressed by the LDCs. In order to exploit its potentials, especially in the field of science and technology Bangladesh has to frame modern IP policy and Laws using the utmost TRIPS flexibilities. To this end this paper tries to put some recommendations to meet the WTO obligations using the TRIPS flexibilities

A Glimpse of TRIPS Agreement and Available Flexibilities

Present Intellectual Property Rights Enforcement Regime in Bangladesh

Enforcement of IPRs in Bangladesh

Way Forwards to Ensure a TRIPS-Responsive IP Regime in Bangladesh

Concluding Remarks