Bangladesh Country Commercial Guide
Learn about the market conditions, opportunities, regulations, and business conditions in bangladesh, prepared by at U.S. Embassies worldwide by Commerce Department, State Department and other U.S. agencies’ professionals
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Protecting Intellectual Property
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Overview

Counterfeit goods are readily available in Bangladesh. The government has limited resources to enforce intellectual property rights (IPR) protection. Many U.S. firms, including film studios, fast-moving consumer goods manufacturers, pharmaceutical products, the apparel sector, and software firms, have reported systemic violations of their rights. Investors note police are willing to investigate counterfeit goods producers when informed but are unlikely to initiate independent investigations due to insufficient enforcement resources.

U.S. Government Engagement

The United States and Bangladesh engage on IPR, including through the U.S.-Bangladesh Trade and Investment Cooperation Forum Agreement (TICFA).  In addition to TICFA, the two countries continue dialogues through various fora and collaborate to support Bangladesh in developing a robust, and effective, intellectual property (IP) ecosystem, particularly as Bangladesh prepares to graduate from its LDC status by 2026.

The United States Patent Trademark Office (USPTO), via its South Asia Regional office at the U.S. Embassy in New Delhi, actively supports Bangladesh in its effort to enhance its IP regime through:

  • Monitoring, collaborating and advocating on all key IP issues.
  • Capacity-building initiatives with the Bangladeshi government’s Department of Patents, Designs and Trademarks and other agencies.
  • Technical assistance on legislative reforms.
  • Stakeholder Engagement with customs, police, IP offices, and consumer affairs departments to address counterfeiting and piracy, including organizing IP awareness sessions.

Legislative Climate & Developments in Bangladesh’s IP framework

The GOB has taken multiple steps toward developing a modern and effective IP regime.  Key recent developments include:

  • Patent Act (2019, amended 2023): In September 2023, the Bangladesh Parliament approved amendments to the Patent Act of 2019 to align with WTO obligations in preparation for LDC graduation. While the amended law marks progress, several issues remain under review.  The government is currently drafting Patent Rules to clarify procedural aspects.
  • Copyright Act (2000, amended in 2005 and 2023): The Copyright Act has been amended twice.  The most recent amendment in 2023 aims to bring the law in closer conformity with World Intellectual Property Organization (WIPO) treaties and international best practices. However, further revisions are still needed to fully align the legislation with global standards.
  • Trademarks Act (2009, amended 2015): The Government is currently working on a new amendment to further align the law with the WTO Agreement on Trade-Related Aspects of IPR and to support Bangladesh’s accession to the Madrid Protocol.
  • Geographical Indication (GI) of Goods Act (2013): Provides protection for products with recognized GI.
  • Design Act (2022): The Government enacted the Design Act in 2022 and is finalizing corresponding Design Rules to operationalize the law.
  • National IP Policy (2018): Developed in partnership with WIPO, discussions on national IP policy began in 2012 and culminated in the implementation of the National IP Policy in 2018.
  • Customs IPR Rules: In December 2019, the NBR implemented the “Intellectual Property Rights of Receipts of Imports: Rules of Implementation 2018.”  Currently, NBR is working to amend the IPR Customs Rules (2019).  The first stakeholder consultation was held on December 23, 2024.
  • Trade Secrets and Integrated Circuit Designs Legislation: The Government is exploring the possibility of introducing standalone legislation on trade secrets and integrated circuit designs.
  • Data Protection and AI Regulation: The Government has proposed a Data Protection Act and is in the process of developing a draft regulation on AI.

Challenges

The legislative and regulatory climate in Bangladesh is challenging to navigate, particularly as it relates to enforcement, as illustrated by the hurdles referenced below:

  • Poor or inconsistent coordination and integration, as well as insufficient legal frameworks between/among different enforcement agencies.
  • Lack of awareness about IP issues among enforcement agencies and regulatory bodies.
  • Large quantities of medicines and products from other sectors are being smuggled into Bangladesh parallel to legal imports. Because many medications need to be temperature-controlled and must meet other quality parameters even during transport, smuggled medicines can lose efficacy and stability and tend to become less effective, and thus a serious health concern.  Because goods come through both legal and illegal channels, it is often not possible to ascertain authenticity or the origin of these goods.
  • There is also a growing threat of illegal exports of pharmaceutical products from Bangladesh to other countries in South and Southeast Asia where the products are covered by patent protection.  These illegal exports present significant challenges to innovative companies, not only by violating IPR, impacting revenues, and damaging reputations but also in the significant risk falsified products present to public health and consumer safety.
  • The quality of “copy molecules” introduced into the market is a major health concern because there is no bioequivalence requirement, a standard test, or requirement to prove copied molecules meet levels of effectiveness and potency compared to the original product.
  • Law enforcement agencies such as the Rapid Action Battalion (which is under sanction by the U.S. Government for human rights concerns), Customs Intelligence, and VAT Intelligence have a legal duty to enforce various provisions related to IPR or direct IPR infringements.  However, they do not have appropriate resources to give the appropriate attention or priority to execute complaints filed by IP rights holders.  Accordingly, enforcement actions such as raids and seizures become costly, time consuming, and often nonproductive.

 

In any foreign market, companies should consider several general principles for effective protection of their intellectual property. For background, here is a link to a Department of Commerce article on Protecting Intellectual Property and Stopfakes.gov for more resources.

USPTO Intellectual Property Attaché Contact

Shilpi Jha

Senior Commercial Specialist and Intellectual Property Advisor for South Asia

U.S. Embassy New Delhi

24, Kasturba Gandhi Marg 

New Delhi – 110001

Office Phone: +91 11-2347-2000 x 2010

Email: shilpi.jha@trade.gov

For additional information regarding intellectual property rights, please visit the “Protection of Property Rights” sub-section of the Investment Climate Statement Section.

 

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