AROUND 90 per cent of business software used in Bangladesh are pirated as the country has limited resources to protect intellectual property rights (IPR). The US Department of State’s report styled ‘2020: Investment Climate Statements in Bangladesh’ made the disclosure saying counterfeit goods are readily available in the country. The report, however, appears appreciative of the Bangladesh government limitation pointing out that the government here is making slow progress to put in place a legal framework to slowly deal with the situation. What is important here is that compliance with the intellectual property right largely determines the flow of investment by developed countries into developing countries.
Need mention that Bangladesh is enjoying waiver in terms of compliance of intellectual property rights in many areas under Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). For example, the pharmaceutical industry here is enjoying waiver for intellectual property rights up to 2027 as an LDC member state. However, a number of US firms, including film studios, manufacturers of consumer goods, and software firms, have reported violations here but the report mentioned at the same time that police are willing to investigate such violations but yet not prepared to initiate independent actions.
For Bangladesh it is also a positive sign that it has not been included in the US Trade Representative’s ‘Notorious Market’ list at a time the country remains committed as a member of World’s Intellectual Property Organization (WIPO) to protect property rights. It is noticeable that Bangladesh has enacted a Copyright Law in July 2000 (amended in 2005), a Trademarks Act in 2009, and a Geographical Indication of Goods (Registration and Protection) Act in 2013. The Department of Patents, Designs and Trademarks (DPDT) is also working to enact a new law among many other steps.
Intellectual Property Rights Association of Bangladeshis also working to create growing public awareness about it. NBR, Customs, Mobile Courts and law enforcement wings of the government are slowly building capacity to deal with counterfeiting and unlawful use of property rights.
We believe Bangladesh is slowly developing the system to reign in the situation. Meanwhile we would say the US government and others should go slow before demanding full compliance from Bangladesh.
