Possibly, depending on who sells the devices and under which brand. Licensors usually seek licences from the brand owner at the end-product level, but they may approach assemblers, component suppliers or importers, especially where the brand has no licence. Products sold in Bangladesh using cellular or wireless standards will practise patented technology, and the licensor may hold Bangladeshi patents. The manufacturing agreement should state clearly who must obtain licences and who indemnifies whom, including for past sales. We review the supply chain, contracts and the licensor's patent position to give a practical answer on exposure before production volumes grow.

FRAND does not specify a number. It is a commitment that a licence will be offered on fair, reasonable and non-discriminatory terms, and courts in different countries have developed methods to assess compliance, often comparing licences with similarly situated licensees or estimating the value of the patents within the standard. A licensor's first offer is usually a starting point. We help clients test offers against public information, comparable deals and economic analysis, and negotiate terms covering royalty base, caps, past sales and future products, with the aim of a licence that is defensible if later challenged.

In principle, a holder of a granted Bangladeshi patent can sue for infringement and seek injunctive relief from the courts, and the FRAND commitment does not automatically prevent that. In practice, courts elsewhere have weighed whether the patent owner offered FRAND terms and whether the implementer acted as a willing licensee. Bangladeshi courts have limited reported experience with disputes over standard-essential patents, so outcomes are less predictable. The more realistic risk for exporters is an injunction in a major market. We assess both and advise on conduct that reduces injunction exposure in each forum. Evidence of conduct matters everywhere.

First, confirm which patents are granted or pending in Bangladesh and whether they are declared essential to the relevant standard. Then identify the implementers selling, assembling or importing products locally, and consider whether a bilateral licence, pool licence or global portfolio deal is the right route. Offers should follow your FRAND commitment and a documented negotiation process. Licence agreements must address foreign exchange, withholding tax and audit rights under Bangladesh rules. We advise on all of these steps for licensors of standard-essential patents and on enforcement options if implementers refuse to engage. Clear offers support enforcement later.

Royalty and technical fee remittances go through authorised dealer banks under Bangladesh's foreign exchange rules. Depending on the arrangement and amounts, approval or registration may be required, a function that historically involved BIDA and now sits with Invest Bangladesh, alongside Bangladesh Bank. Withholding tax applies to royalty payments to non-residents, subject to any double tax treaty relief. Licence agreements should anticipate these steps, including timing, documents and who bears tax. We advise on the current requirements and help clients prepare the documentation banks and authorities typically ask for, so payments are not held up unnecessarily.

Yes. The Competition Act 2012 applies to agreements and conduct affecting markets in Bangladesh, including licensing arrangements. Questions can arise where a dominant licensor refuses to license, charges discriminatory rates, ties essential and non-essential patents, or imposes restrictive terms, and also where implementers coordinate their approach to licensors. The Bangladesh Competition Commission has not developed specific guidance on FRAND to date, so international practice is a useful guide. We advise on structuring negotiations and terms to reduce competition risk, and on whether a complaint is a realistic and proportionate tool in a given dispute.

Arbitration can be attractive for disputes over standard-essential patents because it allows a single tribunal to determine global licence terms, keeps sensitive commercial information confidential and avoids parallel litigation in several countries. It requires both parties' consent, which is often difficult once a dispute has started. A licence agreement can provide for arbitration of rate disputes on renewal, or of disagreements about reporting and audit. The Arbitration Act 2001 supports enforcement of foreign awards in Bangladesh. We advise on drafting clauses, choosing institutions and seats, and running FRAND arbitrations with experienced co-counsel. Consent is easier before disputes.

Standards evolve, and products change quickly. A licence should define licensed products and standards carefully, including how new generations, features and product categories are treated, whether royalties adjust, and what happens if the licensor acquires or transfers patents. Change-of-control, assignment and sublicensing provisions also matter for corporate groups and contract manufacturers. Poorly drafted scope clauses are a common source of later disputes over standard-essential patents and royalty underpayment. We draft these provisions with input from technical teams so that the licence fits the product roadmap rather than only current models. Clear scope drafting protects both sides.