Trademark infringement proceedings in Bangladesh
Bangladesh is a rising economy in the world and trade and business is booming. Many foreign brands are marketing their products in Bangladesh. However it is a matter of regret that a huge quantity of counterfeit products are being sold and manufactured in Bangladesh for quite some time now. As Bangladesh is becoming a point of attention for different famous multinational brands they are now seeking to enforce infringement rights under the Trademark Act. The Act provides opportunity for both civil and criminal actions for infringement of copyright. However the party seeking infringement remedy must have TM certification in Bangladesh. In civil actions the District Judge can pass order of injunction on sale and manufacturing , seizure of counterfeit goods, compensation for selling counterfeit goods etc. In criminal action FIR can be lodged or CR case can be filed praying for penalty and jail term. It is the necessity of time that special Tribunal be set in Dhaka and Chittagong so that the infringement cases can be heard and disposed swiftly. Currently the speeds of disposing such cases are pathetic.
Barrister Md. Sanwar Hossain
Supreme Court of Bangladesh
S Hossain and Associates