Protection of Intellectual Property Rights in Bangladesh: Laws and Reality

Abu Hasnat Thuhin, PSTU Correspondent:

At a time when creativity, innovation, and technology are driving factors in world economies, Bangladesh stands at a very critical junction in its journey toward the protection of IPR. The government has taken significant steps to bring up-to-date legislation that protects inventions, literary works, trademarks, and digital content. But experts caution that laws and enforcement remain far apart, making many creators and entrepreneurs easy prey to infringement and piracy.

Legal Progress: A New Era of Reform

In the last couple of years, Bangladesh revised several of its major intellectual property laws. The Copyright Act 2023 and the Patents Act 2023 have replaced outdated colonial-era laws with modern provisions designed to meet the demands of the digital age.

The Copyright Act 2023 introduced new clauses to combat online piracy, regulate digital reproduction, and clarify fair-use provisions. It also broadened protection for creative industries-such as filmmaking, music, and publishing-that have long suffered from unauthorized duplication and distribution.

Similarly, the Patents Act 2023 replaces the century-old legislation of 1911 with one consistent with the Agreement on TRIPS under the WTO. It laid down orderly procedures regarding the registration of patents, compulsory licenses, and incentives for innovations. The Trademarks Act 2009, which is still in effect, supplements such reforms to guarantee protection of brands and consumer confidence.

Officials of the Department of Patents, Designs, and Trademarks say that these reforms reflect Bangladesh’s commitment to global standards. “We are moving toward a system that supports both innovation and fair competition,” says a spokesperson for the DPDT.

Reality Check: Enforcement Challenges Remain

Despite these legislative achievements, IPR enforcement has remained uneven in Bangladesh. Weak institutional capacity, lack of trained personnel, and time-consuming judicial procedures often undermine the effectiveness of such laws.

Counterfeit goods, software piracy, and theft of digital content continue to flood the local market and online spaces. The problem cuts across many sectors, from pirated textbooks on university campuses to unauthorized streaming websites.

Industry experts say the roots of the problem lie in a lack of awareness among the public and a lack of coordination between enforcement bodies. “People often do not recognize that intellectual property is an asset. Creators seldom register their work or seek legal remedies,” said Professor Mahfuz Rahman, a researcher in intellectual property law at Dhaka University.

The Copyright Office and the DPDT conduct awareness campaigns, but reach very few people. Also, most of the courts that handle IP disputes lack specialized judges and technical expertise, which results in delays in case settlements.

Digital Piracy and the New Frontiers of Infringement

The exponential growth in the digital economy of Bangladesh has created new opportunities for infringement. The cases of unauthorized downloads, fake listings on e-commerce websites, and plagiarism on social media have gone unchecked. While the Copyright Act of 2023 imposed tougher punishments for digital theft, its online mechanisms, such as systems for takedowns and monitoring, are still in their infancy.

Legal analysts indicate that the cyber infrastructure of Bangladesh needs to keep pace with its laws. ISPs and digital platforms are yet to adopt standard notice-and-takedown procedures in most of the developed world.

“Digital enforcement requires technology, manpower, and cooperation from private companies,” said cyber law specialist Farzana Islam. “Without a coordinated digital response, even the best laws will struggle to protect rights-holders.”

Balancing Innovation and Accessibility

Another area of debate is finding the balance between rewarding innovation with monopoly rights and access to goods that have become essential, particularly in healthcare. The new Patents Act incorporates TRIPS flexibilities, such as compulsory licensing for public health emergencies.

This is particularly relevant for Bangladesh’s robust pharmaceutical sector, heavily dependent on the production of affordable generic medicines. According to the policymakers, patent protection should not be an obstacle to accessing life-saving drugs. The government continues to work out a balance between these competing priorities and international compliance. Institutional Steps Forward Efforts towards strengthening enforcement are underway. Bangladesh Customs, in 2025, collaborated with the World Customs Organization in the training of officers to conduct counterfeit goods detection at ports and borders. This would help in combating the importation and exportation of pirated materials and fake products.

It has also initiated the computerization of its patent and trademark registration facilities for the purpose of enhancing efficiency and transparency. Discussions are also underway to establish a proposed National Intellectual Property Coordination Cell aimed at unifying enforcement efforts across government agencies.

The Way Forward: From Legislation to Implementation

Experts agree that Bangladesh’s intellectual property regime is moving in the right direction but emphasize that implementation must catch up with legislation.

Key recommendations include: Increased training and capacity building for IP officials, judges, and law enforcement personnel. Establishing specialized IP courts or tribunals to expedite the cases.

They launched national awareness campaigns for creators, entrepreneurs, and consumers. Partnering with private sectors and technology companies for digital enforcement mechanisms.

“Protecting intellectual property is not just about law, it’s about culture,” said Dr. Hasan Ahmed, policy analyst at the Centre for Development Studies. “When citizens understand the value of innovation, enforcement naturally becomes stronger.” Conclusion The journey of Bangladesh towards robust intellectual property protection is thus one of progress tempered by challenges. While the laws are largely aligned with global standards today, the reality on the ground reveals a complex landscape where piracy, limited awareness, and administrative hurdles persist. What matters more for the creative minds, entrepreneurs, and inventors of the country is not the passage of laws but their effective and equitable enforcement. Strengthening intellectual property protection will continue to be one of the cornerstones of sustainable growth and innovation as Bangladesh strives to become a knowledge-driven economy.