Intellectual Property Law in Bangladesh: Legal Framework, Enforcement and Strategy for Businesses in 2026

Intellectual property law Bangladesh: the 2026 framework

Intellectual property law Bangladesh businesses rely on was rebuilt between 2023 and 2025. A new Patent Act, a separate Industrial Design Act and a new Copyright Act replaced statutes that dated back, in part, to 1911, while the Trademarks Act 2009 and the Geographical Indication of Goods Act 2013 remain the foundations for brands and regional products. In 2026 the framework sits alongside a new Commercial Courts Act and a live question over the timing of Bangladesh's graduation from least developed country status, which will reshape its obligations under the WTO TRIPS Agreement.

This guide is the overview. It maps every right, the offices that grant them, how rights are enforced in the civil courts, the criminal courts and at the border, how licences and franchises work in practice, and what the treaty and policy horizon looks like. Copyright and trademark registration procedure are covered in depth in companion TRW guides, which we link rather than repeat.

Summary: Bangladesh protects trademarks, patents, utility models, industrial designs, copyright and geographical indications under separate statutes. Trademarks, patents, designs and GIs are registered with the Department of Patents, Designs and Trademarks (DPDT); copyright is administered by the Copyright Office. Rights are enforced through infringement suits before the District Judge, criminal prosecution, mobile courts, administrative remedies and customs seizures, and a business that registers early and documents ownership is far better placed to use them.

Key point: Under section 24 of the Trademarks Act 2009, no one may sue for infringement of an unregistered trademark. Passing off remains available, but it is harder and slower to prove. Registration in Bangladesh, not abroad, is what unlocks the statutory infringement remedies.

At a glance

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Table of Contents

Why intellectual property law Bangladesh matters for business

Intellectual property is often the most valuable asset a Bangladeshi business owns and the least well documented. A brand built over twenty years, a formulation that differentiates a pharmaceutical product, the source code behind a fintech app or a packaging design that customers recognise on the shelf each carries real economic value. Intellectual property law Bangladesh courts apply turns that value into enforceable rights: the power to stop copying, to license others for a fee, to raise finance against the asset and to sell it on exit.

The importance of intellectual property in Bangladesh has grown with the economy. Export manufacturers increasingly sell under their own brands rather than only producing for foreign buyers, pharmaceutical companies are preparing for a world in which patent protection for medicines becomes compulsory, and a domestic technology sector depends almost entirely on intangible assets. At the same time, counterfeit goods remain widely available, and the United States government's 2026 country guide records systemic violations reported by film, consumer goods, pharmaceutical, apparel and software businesses.[8]

Managing IP as a business asset

Treating IP rights as an asset means three things in practice. First, know what you own: maintain a register of marks, patents, designs, copyright works and confidential know-how, with owners, filing numbers and renewal dates. Second, make sure the company, not a founder, employee or contractor, holds title, with written assignments where the statute requires them. Third, align the portfolio with the business plan, filing in the classes and markets you will actually trade in and budgeting for renewals and enforcement.

Intellectual property rights for startups

Startups face the same rules with fewer resources. Clear the brand before launch and file a trademark application, because a company name approved by the registrar of companies or a domain name does not protect a mark. Paper the ownership of code and content created by freelancers. Decide early whether an invention will be patented or kept confidential, because public disclosure can destroy novelty. Our guide to technology law in Bangladesh covers the regulatory side of building a technology business.

The statutory framework for IP rights in 2026

Intellectual property law Bangladesh applies today is a set of separate statutes rather than a single code, each with its own register, term and remedies. The principal laws are the Trademarks Act 2009 (Act XIX of 2009), the Bangladesh Patent Act 2023 (Act No. 53 of 2023), the Design Act 2023 (Act No. 22 of 2023), the Copyright Act 2023 and the Geographical Indication of Goods (Registration and Protection) Act 2013.[1] [2] [4] [5] [7]

The patent and design statutes split the subject matter of the colonial Patents and Designs Act 1911, which the Design Act 2023 expressly repeals.[4] Supporting legislation matters as much as the core statutes: the Customs Act 2023 bars the import and export of goods carrying counterfeit marks or false GIs and goods made in breach of patent or copyright, and the Penal Code 1860 and consumer protection law add further offences.[6] There is no standalone trade secrets statute, so confidential know-how is protected mainly by contract and by the general law of confidence; the US government reports that separate legislation on trade secrets and integrated circuit layouts is being explored.[8]

Trademarks under the Trademarks Act 2009

The Trademarks Act 2009 protects marks for both goods and services, together with collective and certification marks, and is administered by the Registrar of Trademarks at the DPDT.[1] The Trademarks (Amendment) Act 2015 strengthened the protection of well-known marks, and the Trademarks Rules 2015 replaced the 1963 rules.[7] The step-by-step filing route, the DPDT journal and official record sources are set out in our trademark registration guide; this section concentrates on the rights that registration creates.

Registration, opposition and term

An accepted application is advertised, and any person may oppose within two months of the advertisement, after which the applicant has two months to file a counter-statement.[1] Section 20(3) directs the Registrar to issue the certificate within 150 working days of filing where the application is free of defects and unopposed, although contested files take longer in practice. Registration takes effect from the filing date, lasts seven years and is renewable for successive periods of ten years.[1] Bangladesh is not a member of the Madrid system, so foreign owners must file nationally.[7]

Well-known marks and bad-faith filings

Well-known marks are protected even where they are not registered in Bangladesh, including against use on unrelated goods, and the courts recognise trans-border reputation.[7] The Appellate Division has also refused to uphold a registration obtained by a former local agent who claimed ownership of the foreign principal's mark.[7] That protection is valuable, but it is litigated, not automatic. Foreign brand owners entering Bangladesh should file before appointing distributors, and should watch the DPDT journal for copycat applications.

Unregistered marks and passing off

Section 24 bars any action to prevent or recover damages for infringement of an unregistered trademark, while preserving the common-law action for passing off.[1] Passing off requires proof of goodwill, misrepresentation and damage, which means evidence of sales, advertising and actual confusion. Registered owners have a much shorter path: they need show only use of an identical or deceptively similar mark in the course of trade.

Use, non-use and registered users

A registered mark is vulnerable to removal for non-use where there has been no bona fide use for a continuous period of five years.[1] Licensing is handled through the registered user provisions in sections 44 to 48, discussed below under licensing and franchising.

Patents and utility models under the Patent Act 2023

The Bangladesh Patent Act 2023 received assent on 13 November 2023, repealed the short-lived Patent Act 2022 and came into force on 27 February 2025 by SRO No. 56-Act/2025.[3] It is the first patent statute designed for TRIPS compliance and the most significant change in intellectual property law Bangladesh has seen for inventors.

What can be patented

An invention must be a new product or process that involves an inventive step and is industrially applicable.[2] Section 6 excludes, among other things, discoveries, business methods, methods of medical treatment, plants and animals, and literary or artistic works, and section 7 excludes inventions relating to atomic energy. A patent lasts twenty years from the filing or priority date, subject to renewal fees.[2]

Pharmaceuticals and agrochemicals

Section 6(2) keeps pharmaceutical and agricultural chemical products outside patent protection for as long as the TRIPS exemption period remains in force, and allows the government to extend or shorten that period by gazette notification.[2] The WTO exemption for least developed countries on pharmaceutical patents and test data runs until January 2033.[10] How long Bangladesh can rely on it depends on the date it leaves the LDC category, which is discussed below.

Utility models

The Act also protects utility models, a lower-threshold right suited to incremental technical improvements, with an eight-year renewable term from the filing or priority date.[2] For local manufacturers whose innovation is practical rather than inventive, a utility model can be the more realistic route.

Opposition, compulsory licences and parallel imports

Any person may oppose after publication, and a patent may not be granted for six months from publication; a post-grant challenge may be filed within twenty-four months of publication on the official website.[2] Section 36 sets out grounds for compulsory licences, with remuneration capped at four per cent of gross sales, and section 60 adopts international exhaustion, so parallel importation of patented products is expressly not an infringement.[2] Bangladesh has not joined the Patent Cooperation Treaty, so international applications cannot enter Bangladesh through the PCT route.[9]

Industrial designs under the Design Act 2023

The Design Act 2023 protects the appearance of a product. A design must be new, distinctive and capable of industrial production or use, and disclosure made without the applicant's consent does not destroy novelty.[4] Registration lasts ten years from the filing or priority date and may be renewed for five years at a time, no more than three times, with a six-month late-renewal window.[4]

The design regime is faster and more administrative than the patent regime. Objections must be filed within thirty days of publication. An owner whose design is infringed can seek administrative compensation from the Director General, with payment due within ten working days and confiscation available, and can go to court if compensation is not paid. The court can grant temporary injunctions, award compensation and order seizure or destruction of infringing goods, and offences under the Act may be tried by mobile court where the Mobile Court Act 2009 schedule includes them.[4] For apparel, packaging and consumer goods, design registration is often the quickest right to enforce under intellectual property law Bangladesh now offers.

Copyright under the Copyright Act 2023

The Copyright Act 2023 replaced the Copyright Act 2000, took effect on 18 September 2023 and generally protects works for the life of the author plus sixty years.[7] Protection arises on creation; registration with the Copyright Office is optional but provides valuable evidence of ownership. The Act adds a government task force against infringement and allows offences to be tried by mobile court.[7]

Because copyright has its own detailed rules on ownership, digital works, folklore, collective management and platform takedowns, we cover it separately. Read our guide to copyright law in Bangladesh for the substantive rules and our copyright registration guide for the filing process and evidence strategy.

Geographical indications under the GI Act 2013

The Geographical Indication of Goods (Registration and Protection) Act 2013 protects names that link a product's quality or reputation to its place of origin. A GI registration remains valid until it is cancelled, while authorised users are registered for renewable five-year terms.[5] Unlike a trademark, a GI cannot be assigned, transferred, licensed or mortgaged: section 19 prohibits any such dealing.[5]

Falsifying a GI or using it falsely is an offence punishable with imprisonment of six months to three years or a fine of up to Tk 2 lakh, with a minimum fine of Tk 50,000.[5] The Customs Act 2023 separately bars the import and export of goods bearing counterfeit GIs.[6] Producer associations, exporters and district administrations that want to protect a regional product should prepare the history, production standards and geographical boundaries before filing, because those documents define the right.

The IP offices: DPDT and the Copyright Office

Two offices administer most IP rights. The Department of Patents, Designs and Trademarks sits under the Ministry of Industries and handles patents, designs, trademarks and GIs; copyright is outside its remit.[14] The Copyright Office and the Copyright Board operate under the Copyright Act 2023.[7]

Contacting the Bangladesh IP office

The DPDT's official address is the fifth and sixth floors of the Ministry of Industries building at 91 Motijheel Commercial Area, Dhaka 1000.[14] Hearings, inspections and certified copies still involve the office in person, and correspondence from the Registrar sets deadlines that run whether or not the applicant notices them. Foreign applicants normally act through a local agent appointed under a power of attorney. Before relying on any web page, check its date: parts of the official DPDT site still describe the repealed 1911 Act.[14]

Official IP law resources

The most reliable sources are primary: the Laws of Bangladesh database for the statutes, the DPDT trademark journal and notices for applications and oppositions, gazette notifications for commencement and fee changes, and WIPO Lex for treaty status and English translations.[1] [9] Several 2023 statutes were published only in Bengali, so English versions circulating online are translations, not authoritative texts.

Enforcement of IP rights in Bangladesh

Enforcement of intellectual property rights in Bangladesh runs on four tracks that can be used together: civil suits, criminal prosecution, administrative and mobile-court action, and customs border measures. Choosing the right combination depends on whether the goal is to stop a competitor, to remove counterfeits from the market, to recover money or to block a supply chain.

Civil remedies

A suit for infringement of a registered trademark, or for passing off, may not be filed in any court below the court of the District Judge.[1] Patent infringement suits are brought under section 44 of the Patent Act, with injunctions, compensation or an account of profits available.[2] Courts grant interim injunctions on the usual test of a prima facie case, irreparable harm and balance of convenience, and ex parte relief is rare outside clear counterfeiting cases.[7] Our analysis of temporary injunctions in Bangladesh explains how to frame that application.

Criminal prosecution

Under section 73 of the Trademarks Act, falsifying a trademark, falsely applying it, making dies or blocks for that purpose or applying a false trade description is punishable with imprisonment of six months to two years or a fine of Tk 50,000 to Tk 2 lakh, or both. A second or subsequent conviction carries one to three years or Tk 1 lakh to Tk 3 lakh. Section 74 applies similar penalties to selling such goods, subject to defences of reasonable precautions, disclosure of the supplier and good faith.[1] A complaint must be brought within three years of the offence or two years of its discovery, whichever is earlier.[1]

Raids, mobile courts and administrative action

In practice, many counterfeit cases are resolved through raids and mobile courts rather than full trials. Both the design and copyright statutes route offences to mobile courts, and the Copyright Act 2023 adds a dedicated task force.[4] [7] Police, the Rapid Action Battalion, customs intelligence and VAT intelligence all have enforcement roles, but rights holders report that agencies rarely act without a well-prepared complaint and that coordination is inconsistent.[8] The lesson is to arrive with test purchases, photographs, product comparisons and registration certificates already assembled.

Customs border measures

Section 17(1) of the Customs Act 2023 prohibits the import and export of goods bearing counterfeit trademarks or false trade descriptions, counterfeit GIs and goods made in infringement of patent or copyright.[6] The National Board of Revenue introduced IPR import and export rules in December 2019 and opened consultation on amendments in December 2024.[8] Rights holders can apply to customs with their registration certificates, details of suspected importers and genuine samples, and may be asked to post a security bond.[7] Industrial designs are not named in section 17(1), so design owners should rely on the general prohibition provisions with caution.[6]

The Commercial Courts Act 2026

The Commercial Court Ordinance 2026, since replaced by the Commercial Courts Act 2026 (Act No. 23 of 2026), created specialist commercial courts staffed by District and Additional District Judges, with commercial appellate benches in the High Court Division. The ordinance listed intellectual property rights among the commercial disputes it covers, imposed pre-suit mediation and required trial within ninety days of the final hearing date.[12] As courts are established district by district, check whether an IP claim must now be filed in a commercial court and whether pre-suit mediation applies before issuing proceedings.

IP disputes, infringement claims and litigation strategy

Intellectual property law Bangladesh disputes tend to fall into a few patterns: a local competitor adopting a confusingly similar brand or trade dress, counterfeit goods entering through ports or informal trade, a former distributor or agent registering the principal's mark, an employee leaving with code or formulations, and licence or franchise disputes over unpaid royalties and post-termination use.

Building an infringement case

Strong IP claims are won on evidence assembled before the first letter is sent. That means certified copies of registrations, proof of the owner's use and reputation, dated test purchases, comparisons of marks, packaging or products, evidence of actual confusion, and a clear record of who supplied what. The Appellate Division has held that a likelihood of confusion or deception is enough; actual deception need not be shown.[7] Civil claims for infringement are generally subject to a three-year limitation period.[7]

Rectification and validity

Where the defendant attacks the validity of the claimant's registration, or the claimant attacks the defendant's, section 98 of the Trademarks Act directs that validity is decided on an application for rectification of the register, which is filed in the High Court Division.[1] Infringement suits can therefore split between two courts.

Settlement and alternative dispute resolution

Many disputes over IP rights end in coexistence agreements, rebranding undertakings, delivery-up of stock or a licence. A properly drafted legal notice often produces that result without litigation. Licence and franchise agreements should contain a dispute clause with mediation and arbitration, while reserving the right to seek urgent injunctions from the court; our guide to arbitration clauses in Bangladesh explains the drafting. Validity of a registered right, however, is decided by the Registrar or the courts, not by an arbitrator.

Licensing, franchising and technology transfer

Licensing is how most foreign brands and technologies reach Bangladesh, and the law treats it formally. Under sections 44 to 48 of the Trademarks Act, a licensee is registered as a registered user on a joint application supported by a written agreement and affidavit; a registered user can sue if the owner fails to act within three months of being asked, but cannot assign the right.[1] Licences and assignments should be recorded with the DPDT to be effective against third parties, pending applications cannot be licensed, and licences should include quality-control terms.[7]

Franchise agreements

Bangladesh has no franchise-specific statute, so a franchise is built from contract law, trademark licensing, copyright in manuals and software, and foreign exchange rules. The agreement should identify the licensed marks by registration number, set brand standards and audit rights, allocate local regulatory licences, deal with data and confidential information, and provide for de-branding and stock on termination. Our guide to commercial agreements in Bangladesh covers the general contract principles.

Remitting royalties and franchise fees

Outward payments are controlled. Under the Bangladesh Bank and BIDA framework issued in 2021, royalties and technical know-how fees can be remitted without case-by-case BIDA approval up to six per cent of the previous year's sales, or of the C&F value of imported machinery for projects under implementation, provided the contract has been endorsed; banks must ensure applicable taxes and VAT are deducted.[13] Confirm the current circulars before signing, and see our guide to withholding tax in Bangladesh for the tax treatment of royalty payments.

International IP treaties, TRIPS and LDC graduation

Bangladesh's treaty commitments

Bangladesh joined WIPO in 1985 and is party to the Paris Convention from 3 March 1991, the Berne Convention from 4 May 1999 and the Marrakesh Treaty for print-disabled persons from 26 December 2022. It has been a WTO member, and therefore bound by TRIPS, since 1 January 1995.[9] It is not a member of the Madrid system for trademarks or the Patent Cooperation Treaty.[7] [9]

What LDC graduation means for IP

As an LDC, Bangladesh benefits from TRIPS transition periods, including the exemption on pharmaceutical patents and test data that runs until January 2033.[10] Graduation ends that status, and with it the basis for the pharmaceutical exclusion in section 6(2) of the Patent Act. Graduation is scheduled for 24 November 2026. In July 2026 the UN Economic and Social Council referred Bangladesh's request for a three-year extension of its preparatory period, which would move graduation to November 2029, to the General Assembly, which is expected to decide before the November deadline.[11]

Under intellectual property law Bangladesh will apply after graduation, patent filings, freedom-to-operate reviews and licensing strategies for medicines should be planned now, because the transition will arrive within a single product development cycle.

IP policy and law updates

Bangladesh implemented a National IP Policy in 2018, developed with WIPO. Further reform is in progress: an amendment to the Trademarks Act to align it with TRIPS and support accession to the Madrid Protocol, patent and design rules, and possible legislation on trade secrets and integrated circuit layouts.[8] Track gazette notifications rather than older commentary.

How to protect intellectual property in Bangladesh step by step

Protecting intellectual property in Bangladesh is a programme, not a single filing. The sequence below reflects how we build protection for clients from first audit to enforcement readiness.

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Comparing rights under intellectual property law Bangladesh

The table below compares the principal rights. On a phone, scroll it sideways.

IP law courses, seminars and resources in Bangladesh

Professionals who want structured training have several options. WIPO Academy distance-learning courses are a sound starting point for in-house counsel, brand managers and researchers. University law faculties in Dhaka teach intellectual property within LLB and LLM programmes, and DPDT, chambers of commerce and industry associations run seminars, particularly around World Intellectual Property Day on 26 April. For legal research, use the primary sources listed in this guide and the source register below, and treat undated online summaries with caution because so many statutes changed between 2023 and 2025.

Choosing an IP lawyer in Bangladesh

People often search for the best intellectual property lawyers in Bangladesh, but the better question is which team fits the matter. Prosecution work, meaning searches, filings, oppositions and renewals, rewards accuracy and docketing discipline. Enforcement work rewards litigation judgement, speed and relationships with investigators. Transactional work, such as licensing, franchising and IP due diligence, needs commercial and foreign exchange knowledge. Ask any adviser how they manage deadlines, how they gather evidence for raids and injunctions, whether they act before the District Judge, the High Court Division and the new commercial courts, and how they coordinate filings outside Bangladesh.

TRW's IP disputes and enforcement practice handles infringement claims, oppositions, raids, customs actions and litigation, and our trademark registration and advisory practice manages clearance, filing and portfolio strategy.

Intellectual property law Bangladesh: what to watch in late 2026

Four developments will shape the field over the coming months. First, the General Assembly's decision on the LDC graduation date fixes the TRIPS timetable for pharmaceuticals. Second, the commercial courts will show whether IP claims move faster than in the ordinary civil courts. Third, the long-discussed Trademarks Act amendment and possible Madrid accession would change how foreign owners file. Fourth, the NBR's revision of its customs IPR rules will determine how effective border measures become.[8] [11] [12]

The businesses that benefit most from these changes are the ones that already hold clean, registered and documented rights. If you want to audit a portfolio, clear a brand, license technology or act against an infringer, contact TRW.

Frequently asked questions

What are the main IP laws in Bangladesh?

The Trademarks Act 2009, the Bangladesh Patent Act 2023, the Design Act 2023, the Copyright Act 2023 and the Geographical Indication of Goods (Registration and Protection) Act 2013, supported by the Customs Act 2023 and the Penal Code.[1] [3] [4] [5] [7]

Which office registers trademarks and patents in Bangladesh?

The Department of Patents, Designs and Trademarks under the Ministry of Industries registers trademarks, patents, designs and geographical indications. Copyright is handled separately by the Copyright Office.[14]

How long does trademark protection last in Bangladesh?

Seven years from the filing date, renewable for successive periods of ten years.[1]

Can I sue for infringement of an unregistered trademark?

No. Section 24 of the Trademarks Act 2009 bars infringement actions for unregistered marks, but an action for passing off remains available.[1]

Are pharmaceutical products patentable in Bangladesh?

Not at present. Section 6(2) of the Patent Act 2023 excludes pharmaceutical and agrochemical products while the TRIPS exemption period remains in force. The LDC exemption runs until January 2033, but graduation from LDC status will affect it.[2] [10]

Is Bangladesh a member of the Madrid Protocol or the PCT?

No. Foreign owners must file trademark and patent applications directly in Bangladesh. An amendment to support Madrid accession is under discussion.[7] [8] [9]

What are the penalties for selling counterfeit goods?

Under sections 73 and 74 of the Trademarks Act, six months to two years' imprisonment or a fine of Tk 50,000 to Tk 2 lakh, or both, rising to one to three years or Tk 1 lakh to Tk 3 lakh for repeat offences.[1]

Can customs stop counterfeit imports?

Yes. Section 17(1) of the Customs Act 2023 prohibits import and export of counterfeit-marked goods, false GIs and goods infringing patents or copyright, and rights holders can apply to customs for action.[6] [7]

Do trademark licences need to be registered?

A licensee should be registered as a registered user under sections 44 to 48 of the Trademarks Act, and the licence should be recorded with the DPDT to be effective against third parties.[1] [7]

Can a geographical indication be licensed?

No. Section 19 of the GI Act 2013 prohibits assignment, transfer, licensing or mortgage of rights in a registered GI; producers use it by registering as authorised users.[5]