The main features of intellectual property laws are given below:[i]
1. The Patents and Designs Acts, 1911:-
(Act no. 11 of 1911)
The salient features of our existing Act are as follows;
Part-1; of the Patents and Designs Act, 1911; is about of patent. This part starts from section-1 and extends to section-42.
Section 2(8) contains the definition of invention; it proceeds as – invention means any manner of new manufacture and includes an improvement and all alleged invention. In sub-section (10) of the same section, provides the explanation of manufacture, “manufacture includes any art, process or manner or producing, preparing or making any article and also any article prepared or produced by manufacturer.”
Section-3 of the Act provides about the manner and mode of an application for patent. According to section-3(1); a patent application can be made by any person, whether he is a citizen of Bangladesh or not. An application can be made, alone or jointly with any other person.
According to section-4 of the Act; there are some provisions about specification. Wection-4(2) states that, a complete specification must particularly describe and ascertain the nature of the invention and the manner in which the invention is to be performed.
Section-10 of the Act, discusses about the topic, “grant and sealing of patent”. According to section-10(1); if there is no opposition of the patent application or, in case of opposition, if the determination is in favor of the grant of a patent, a patent shall, on payment of the prescribed fee, be granted, subject to such conditions if any as the Government thinks expedient, to the applicant, or in the case of a joint application to the applicants jointly, and the Controller shall cause the patent to be sealed with the seal of the Patent Office.
Term of patent, is laid down in section-14(1) of the Act. The duration of patent is sixteen years from its date. Section 15 of the Act; also provides rules regarding extension of the term of patent.
If any patent has been ceased, owing to the failure of patentee to pay any prescribed fee within the prescribed time, the patentee may apply to the controller in the prescribed manner for an order for the restoration of the patent. Section-16 of the Act deals with the matter, restoration of lapsed patent.
Section-22 of the Act contains provisions of “Compulsory Licenses and Revocation”. Both the Govt. and High Court Division are empowered to grant compulsory license or revocation of patent. Any person interested may present a petition to the Govt., alleging that the demand for a patented article in Bangladesh is not being met to an adequate extent and on reasonable terms and praying for the grant of a compulsory license, or in the alternative, for the revocation of the patent.
According to section-25 of the Act, if any patented invention or the mode which it is exercised; is mischievous to the state or prejudicial to the public; Govt. can declare the patent, revoked, by notification in the official Gazette.
Section-26 of the Act; provides the grounds, on which; a patent can be revoked by the High Court Division. Section-26(2) also provides, who can present a petition for revocation of a patent.
Section-30 of the Act; declares that; an innocent infringer of a patent; is exempted from liability or damages for infringement.
Part-II of the Act; describes all about ‘Designs’ or industrial designs. According to section-43(1); any person claiming to be the proprietor of any new or original design not previously published in Bangladesh, can apply to the Controller for the registration of that particular design.
According to section-47(1); the proprietor of a registered design, shall subject to the provisions of this Act, have copyright in the design during five years from the date of registration.
Section-51(A) of the Act; narrates that, any person interested may present a petition for the cancellation of the registration of a design. Such petition should be presented to the High Court Division.
Part-III of the Act; is about, Patent Office and proceedings there at.
According to section-59 of the Act; every register kept under this Act shall at any convenient times be open to the inspection of the public, subject to provisions of this Act.
Section-65 of the Act; states that, in any proceeding under this Act, the Controller shall have the powers of a Civil Court for the purpose of receiving evidence, administrating oaths, enforcing the attendance of witness compelling the discovery and production of documents, issuing commissions, for the examining of witnesses and awarding costs and such award shall be executable in any Court having jurisdiction as if it were a decree of that Court.5
2. The Trade Marks Act; 1940:
(Act No. V of 1940)
The basic principles of the Trade marks Act are described below:
Section-2 of the Trade marks Act contains definitions that are related to this Act. As to, section-2(k); trade mark means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of that identity of that person.
The establishment of Trade marks Registry at Dhaka, appointment of the Registrar and Deputy Registrar are laid down in section-4 of the Act.
According to section-5 of the Act; the registration of a trade mark, requires distinctiveness. Purpose of such distinctiveness is to distinguish those particular goods from the others, which have similarity in nature.
Any mark, containing scandalous design; or be likely to hurt the religious susceptibilities of any class of the citizens, or to be contrary to any law for the time being in force or morality is prohibited for registration of that mark. Section-8 of the Act, say so.
Section-16 of the Act; provides that; when an application for registration of a trade mark has been accepted and either has not been opposed or having been opposed, has been decided in favor of the applicant, the Registrar shall, registers the said trade mark.
Section-18 of the Act, says that; the registration of a trade mark shall be a period of seven years, and may be renewed from time to time in accordance with the provisions of this section.
According to section-20 of the Act; no person shall be entitled to institute any proceedings to prevent, or recover damages for the infringement of an unregistered trade mark.
According to section-46 of the Act; any person aggrieved can apply to the High Court Division or the Registrar, for the cancellation or verification of the registration of a trade mark on the ground of any contravention of, or failure to observe a condition entered on the register in relation there to.
Chapter-IX of the Act; is specially written down for textile goods.
Chapter-X of the Act, states the provisions regarding offences and restriction of use of Royal Arms and state emblems.
According to section-73 of the Act, any suit for the infringement of a trade mark or otherwise relating to any right in the trade mark; shall be instituted to a District Court having jurisdiction to try the suit.6
3. THE COPYRIGHT ACT; 2000:
(Act No. 28 of 2000)
A short overview:-
Section-2 of the Copyright Act; provides all the definitions related to copyright and so on.
According to Chapter II; section -9, 10 and 11; Copyright Board will consist and the post of Register has made. The board is a quasi-judicial body; while working, it would be deemed as a Civil Court.
Definition of copyright is laid down in Chapter III; section 14 of the Act. Section 14(2) includes, ‘computer programs’ as a subject to this Act.
Chapter IV; deals with the ownership of copyright and the rights of the copyright owner. This Chapter starts from section-17; ends to section-23.
Chapter V of the Act; describes all about the term of different types of copyright. Generally the term extends from the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies; is at section-22. The section also provides that, copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph). Section-25 to section-32 of the Act narrates the duration of copyright for different types. For instance, posthumous work, cinematograph films, sound recordings, photograph, anonymous and pseudonymous works, Govt. works, work of any local body, work of international organizations.
Section-50 of the Act; deals with compulsory licenses in works withheld from public.
Chapter X of the Act is about, registration of copyright.
Chapter XII; section-71, describes about infringement of copyright and section-72 of the Act; provides acts not to be infringement of copyright.
Chapter XIV; is about Civil remedies, that are available against infringement of copyright. Exclusively, section-76 of the Act; provides, remedies against such infringement. According to section-81 if the Act; the Court of District Judge, is the Court of first instance of such proceedings.
Chapter XV of this Act; describes offences and punishment. According to section-82 of the Act; any person who knowingly infringes or abets the infringement of copyright; shall be punishable with imprisonment for a term which shall not be less than six months. But, which may extend to four years and fine which shall not be less than fifty thousand taka but which may extend to Taka two lacks. But; where the infringement has not been made for gain in the course of trade or business; the Court may, adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand taka.
According to section-95 of the Act; an order made by the Registrar is a subject to appeal to Copyright Board. According to section-96; against any order; made by the Board; any aggrieved person, within thirty days of such order can file a petition of appeal to the High Court Division.
VESTED PROPERTY ACT, 1974 [ii]
An Act to provide for the Administration of certain properties vested in the Government or belonging to non-residents.
Whereas in an expedient to provide for the administration of certain properties vested in the Government or belonging to non-residents and for matters connected therewith;
It is hereby enacted as follows;-
PART I
PRELIMINARY
Short title and commencement
(1) This Act may be called Vested and Non-Resident Property (Administration) Act, 1974.
(2) It shall be deemed to have come into force on the 23rd day of March 1974.
Definitions. In this Act, unless there is anything repugnant in the subject or context,
“Chairman” means the Chairman of a Committee
“Committee” means a Vested or Non-Resident Property Management Committee constituted under Section 3;
“Member” means a member of the Committee;
“non resident” who is not, or has ceased to be, a permanent resident of the territory now comprising Bangladesh or who has acquired a foreign nationality, but does not include a person who is an evacuee as defined in Article 2(c) of the Bangladesh (Restoration of Evacuee Property) Order, 1972 (P.O. No. 13 of 1972).
“Non-resident property” means any property owned by a non-resident, but does not include any property which
(i) Is owned by any person who is a citizen of the state which, at any time, after the 25th of March 1971, was at war with, or engaged in military operation, against the People’s Republic of Bangladesh;
(ii) Is abandoned property as defined in Article 2(i) of the Bangladesh Abandoned Property (Control Management and Disposal) Order, 1972 (P.O. No. 16 of 1972)
(iii) Has been nationalized or has been taken over and is being managed by the Government in public interest;
(iv) Is held by a foreigner under an agreement with the Government; or
(v) Has vested or is liable to be vested in the Government;
“Prescribed” means prescribed by rules under this Act;
“Vested property” means any property which has vested in the Government under Section 3(1) (a) of the Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974, but does not include any share, stock, scrip, bond, debenture stock or other marketable security in or of a company or body corporate or any share of a partnership firm vested in the Government there under.
PART II
CONSTITUTION OF COMMITTEE
Constitution of Committee
(1) The Government may, by notification in the official Gazette, constitute for each sub-division a committee to be called the Vested and Non-Resident Property Management Committee for the purpose of this Act.
(2) A Committee shall consist of-
The sub-divisional Magistrate, who shall also be its Chairman; and
Four members not being persons in the service of the Republic, to be appointed by the government.
(3) The chairman shall be the Chief Executive Commissioner of the Committee.
(4) A member may at any time, resign his office by notice in writing addressed to the Chairman.
(5) The Government may, at any time, remove any member without assigning any reason.
4. Procedure of a Committee. A Committee shall subject to the provisions of this Act, have power to regulate its own procedure and may act not withstanding any vacancy in the office of any member; provided that the Chairman and one member shall constitute the quorum for a meeting of the Committee.
5. Staff of A Committee. The Government shall make available to a Committee such staff as may be necessary for the discharge of its functions under this Act.
6. Allowances of member of a committee. The members of a Committee may receive such allowance as may be fixed by the Government.
PART III
VESTED PROPERTY
7. Taking charge of vested properties.
(1) A Committee shall take charge of all vested properties within its jurisdiction: Provided that when any such property is situated within the jurisdiction of more than one Committee, such property shall be taken charge of by such Committee as the Government may direct.
(2) Subject to the provisions of this Act, a Committee taking charge of any vested property shall have all the powers, rights and liabilities of the Government in respect of such property, and shall take such measures as may be necessary for the good management and protection of such property, for the assertion of title thereto and for maintaining and recovering possession, thereof, and may, for such purposes, do all acts and incur all expenses which are necessary and incidental:
Provided that a Committee shall not be entitled to transfer, except by monthly or annual lease, any vested property.
(3) Subject to the provision of this Act and any other law for the time being in force, a Committee may with the written consent of the owner and in the prescribed manner transfer any vested property.
PART IV
NON-RESIDENT PROPERTY
8. Vesting of non-resident properties.
(1) Subject to the provisions of sub-sections (2) and (3) a Committee may, of its own motion or on the application of a non-resident or upon the direction of the Government, take charge of any non-resident property within its jurisdiction.
(2)Before taking charge of any non-resident property under sub-section (1), the Committee shall cause a public notice to be served in the prescribed manner calling to the objections to the taking charge of such property by the Committee to be filed within such period as may be specified therein, and if such property is in possession of any person, a copy of the notice shall also be served on such person in the prescribed manner.
(3) If an objection is filed under sub-section (2), the Committee shall decide the matter after giving the person filing the objection an opportunity of being heard and after making such inquiry as it may deem necessary.
(4) Any decision of the Committee under sub-section (3) shall not prejudicially affect the right of any person to establish title in a competent court.
(5) When the Committee takes charge of any non-resident property under sub-section (1), it shall pass a formal order recording such fact whereupon the property shall vest in the Committee.
(6) When any non-resident property has vested in the Committee under sub-section (5), the Committee shall, as soon as may be, give public notice of the fact in the prescribed manner.
9. Functions of a Committee in respect of non-resident properties vested in it.
(1) Subject to the provision of this Act, the Committee in which any non-resident property has vested shall have all the rights and liabilities of the non-resident concerned in respect of the property, and shall take such measures as may be necessary for the management and protection of such property, for the assertion of title thereto and for maintaining and recovering possession thereof, and for such purposes, do all acts and incur all expenses which are necessary and incidental;
Provided that a Committee shall not be entitled to transfer, except by monthly or
annual lease, any non-resident property vested in it without the written consent of the non-resident vested in it, after reduction therefrom all sums properly debitable
to such income.
(2) Subject to any other law for the time being in force, a Committee shall pay to a non-resident in the prescribed manner the income of any property of the non-resident concerned.
10. Rights of Non-Residents.
A non-resident, whose property has vested in a Committee may with the
previous permission of the Committee and subject to any other law for the time being in force, dispose of such property by sale, exchange or gift:
Provided that no such permissions shall be given unless he pays to the Committee all sums due to in respect of such property,
Provided further that such disposition shall be subject to any lease granted by the Committee.
(2) A disposition of any non-resident property in contravention of the provisions of sub-section (1) shall be null and void.
(3) Upon disposition of any property under sub-section (14), the non-resident shall inform the Committee in writing of such disposition, and, on receipt of such information, the Committee shall, by a written order, release such property forthwith from its management and give public notice of such order in the prescribed manner whereupon the property shall cease to vest in the Committee.
PART V
MISCELLANEOUS
11. Accounts and audit.
(1) A Committee shall maintain in the prescribed form a separate account in respect of each vested property taken charge by it and of each non-resident property vested in it and shall cause to be made therein entries of all receipts and payments made in respect thereof.
(2) The Government shall cause such accountants to be inspected and audited as such intervals and by such persons as may be prescribed.
(3) A non-resident may inspect the accounts maintained in respect of his property vested in the Committee.
12. Certain Payments not to be valid discharge.
(1) All sums due to the Government or a non-resident from any person in respect of a vested property or a non resident-property shall be payable to the Committee which has taken charge thereof or in which such property has vested, and any payment made in contravention of the provision of this section shall not be deemed to be a valid discharge.
(2) All sums payable to a Committee by any person under sub-section (1) shall be recoverable as a public demand.
13. Expenses.
(1) a Committee may reimburse itself for, or pay or discharge out of the income of any vested property taken charge of it by it or, as the case may be, any non-resident property vested in it, all expenses reasonably incurred in respect of such property in discharging its functions.
(2) All expenses of the Committee not specifically related to any vested property or non-resident shall be defrayed out of a levy at a prescribed rate on the gross collections made by the Committee.
14. Surrender of non-resident property.
(1) If any non-resident or vested property is found to be in the unlawful possession of any person, and if such person does not surrender possession of such property to the Committee on being directed to do so on the date fixed by it, the Sub-Divisional Magistrate or any other Officer authorised by him in this behalf may, on the application of the Committee, enforce the surrender of such property by such person to the Committee and the Sub-Divisional Magistrate or the officer so authorised may use or cause to be used such force as may be necessary for taking possession of the property.
15. Produce of Records, etc.
(1) A Committee may, for the purpose of this Act, by notice in writing require any person to make or deliver to it a statement or to produce before it records and documents in his possession or control relating to any vested property or non-resident property as such time and place as may be specified in the notice.
(2) Every person required to make or deliver a statement or to produce any record or document under sub-section (1) shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the Penal Code (XLV of 1860).
16. Indemnity. No suit or other legal proceeding shall lie against the Government or a Committee for anything which is in good faith done or to be done in pursuance of this Act or the rules made thereunder.
17. Power to make rules. The government may make rules for carrying out the purposes of this Act.
18. Repeal. The Evacuees (Administration of Immovable Property) Act, 1951 (E.B. Act XXIV of 1951), and the Vested and Non-Resident Property (Administration) Ordinance 1974 (Ord. V of
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[i] http://www.articlesbase.com/law-articles/existing-intellectual-property-laws-in-bangladesh-and-proposal-for-reformations-1273014.html
[ii] http://www.drishtipat.org/HRLaw/vestedprop.htm