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 DOULAH & DOULAH

   Advocates, Attorneys, IP Agents & Notaries

 

 

   
         
   
   

 

 

Established in 1965, Doulah & Doulah is now one

of the oldest law firms in Bangladesh

 

 

   
         
   

IP ENFORCEMENT

 

Yes, it is always the responsibility of the owners of the Intellectual Property whether it is Trademark, Patent & Design or Copyright matter. An inventor is only an inventor of the respective Intellectual Property; but the moment he becomes owner of it or any body else becomes owner of it through due process of law it becomes his prime responsibility to take all care for its protection from the infringements and imitations.
 

Almost all countries have laws for the protection of Intellectual Properties but it is essential that the owners must be watchful of its infringement and imitation through own persons and those who are experienced to identify such illegal activities and who can invoke due legal media and administrative steps to bring an end to such activities. Until in the recent past criminal proceedings were mostly encouraged for the protection of Intellectual Properties. But in the present times with the easy availability of good printing systems, photographic accessories, computer technologies, various chemicals, and customized spare parts, the imitation has become easier. As such, action against the violators of the Intellectual Property laws by raiding their underground production units and offices does not serve the exact purpose. With the judicial steps, especially in the developing countries like those in South and South East Asia (e.g., Bangladesh, India, Pakistan, and Vietnam etc.), it is strongly advisable to approach administration and media as well. It is important that the customers should be made better aware of the infringed and imitated counterfeit Intellectual Properties, the originals of which represent certain quality and standard. At present with the advancement of science it not much difficult to keep the customers better updated. It is especially applicable when there is cross border violation of Intellectual Property laws. In one country, publicly or clandestinely, the products bearing the Intellectual Property marks are produced / manufactured and in other countries those are sold. Hence, administrative steps, we feel, are very much required. Moreover, we have found that such approach greatly help the Intellectual Property owners.
 

Even it is not unlikely that the law enforcing authorities who would take care of the concerned Intellectual Properties by giving legal protections some times themselves are not aware of the nature and subject of illegality. Therefore, in such cases administration, customers and actual users, and even the retailers should be first helped to understand the real values behind any Intellectual Property and the legal rights behind it. In addition, they must also be given the sufficient opportunity to understand the real status of the situation, the standard and quality of the goods which the lawful Intellectual Property stands for. Some more details are given in the following notes.

 

Suits for infringement of patent rights are instituted before the District Court under section 29 of the Act. District Court has the meaning assigned to that expression by The Code of Civil Procedure, 1908 in Bangladesh. If in a suit for infringement of a patent and a counter claim for revocation of the patent is made, the suit is transferred to the High Court for decision under section 26 of the Act. Suits for infringement of industrial designs are also instituted before the District Court under section 53 of the Act, Proprietor of a registered design may take action against any person, who, without license or consent applies, the registered designs or an obvious or fraudulent imitation thereof to any article in any class of goods to which the design is registered, imports or knowingly publishes or exposes for sale such article.

 

Trademark applications may be contest within four months from the date of publication of themark in the Trade Marks’ Journal by way of filing opposition. A registration may also be contested by way of filing rectification petition before the Registry of Trademarks. Registrar’s decision may be appealed by filing appeal before the High Court Division of the Supreme Court of Bangladesh. Nonetheless District Courts always entertain suits on any Trademark related issues.


 

   
         
   
       

     
 
 
     
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Doulah & Doulah is a Partnership Law Firm Registered in Bangladesh (registration number: 27074/84)

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