Intellectual Property Infringement in Bangladesh: Enforcing Copyright, Patents, Designs and GIs in 2026

Intellectual property infringement Bangladesh: the 2026 enforcement map

Intellectual property infringement Bangladesh rights holders face in 2026 rarely arrives as a single clean dispute. A counterfeit consignment at Chattogram, a pirated film on a streaming mirror, a copied garment design in a Narayanganj factory and a machine-made "Jamdani" sold at a city market each engage a different statute, a different office and often a different court. What wins these cases is not knowledge of one Act but the ability to combine civil, administrative, criminal and border remedies quickly, and in the right order.

This guide is the enforcement companion to our overview of intellectual property law in Bangladesh, and it does not repeat how rights are registered. It explains how infringement is proved and stopped across copyright, patents, industrial designs, trademarks and geographical indications under the Commercial Courts Act 2026, the Copyright Act 2023, the Bangladesh Patent Act 2023, the Industrial Design Act 2023, the GI Act 2013 and the Customs Act 2023, together with interim relief, inspection orders, raids, evidence and damages.

Summary: In 2026 claims under all five main IP statutes are listed commercial disputes under the Commercial Courts Act 2026, with a sixty-day appeal to the High Court Division. Copyright owners add the Registrar's complaint powers, warrantless seizure and takedown notices; patent owners face a statutory bar on injunctions without hearing the defendant; design owners have an administrative compensation route; and customs can stop counterfeit, GI-infringing, patent-infringing and pirated goods at the border.

Key point: The fastest remedy is rarely a single lawsuit. Effective enforcement in Bangladesh pairs a civil suit and interim injunction with an inspection order or commission to fix the evidence, a customs notice for imports and, where the infringement is commercial and blatant, a criminal or mobile-court action. Each route has its own hearing rules and deadlines, so plan the sequence before the first letter is sent.

At a glance

Swipe or scroll →

Table of Contents

Why intellectual property infringement Bangladesh claims matter in 2026

Intellectual property is often the most valuable asset a Bangladeshi business owns and the least protected. A garment exporter's designs, a pharmaceutical formulation, a software house's code, a label's catalogue and a consumer brand's packaging earn money only while competitors are kept out. Counterfeit food, medicines and cosmetics also damage reputation and draw regulatory scrutiny onto the genuine brand.

The toolkit is more modern than many owners assume. Bangladesh replaced its copyright statute in 2023, enacted new patent and design laws the same year, refreshed the IP clauses of its customs code through the Finance Ordinance 2025 and moved IP disputes into specialist commercial courts in 2026.[1] [4] [5] [7] [9] The weakness lies in practice. Rules under the new Acts are incomplete and commentators describe copyright enforcement as weak, citing low awareness, the lack of a dedicated adjudicating forum and weak remedies.[12]

Infringement, passing off and contract claims

Infringement is the violation of a statutory right: a registered trademark, granted patent, registered design, registered GI or a copyright that arises on creation. Passing off protects goodwill in an unregistered mark or get-up. Licence, distribution, employment and confidentiality obligations fill the remaining gaps. A well-drafted plaint usually runs two or three causes of action together, so the case survives if one right is later held invalid.

Where to sue: District Judge, Commercial Court and High Court Division

Original jurisdiction over intellectual property infringement Bangladesh claims sits with the courts of the District Judge, with appeals to the High Court Division and then the Appellate Division.[11] The Copyright Act 2023 requires every civil suit or proceeding for copyright infringement to be filed in the District Judge's court with territorial jurisdiction.[1] Patent suits go to any competent court, and the government may establish special patent courts by gazette notification.[3]

The Commercial Courts Act 2026

The Commercial Courts Act 2026 (Act No. 23 of 2026), dated 10 April 2026 and deemed effective from 1 January 2026, defines commercial dispute to include any right or claim under the Trademarks Act 2009, the Copyright Act 2023, the Bangladesh Patent Act 2023, the Industrial Design Act 2023 and the GI Act 2013, and claims relating to domain names. Pending civil proceedings transfer to the Commercial Court once one is established for the area.[9]

Three features matter for IP plaintiffs. Pre-suit mediation applies only where no urgent interim relief is sought and only if government rules prescribing it exist at filing. Interim orders cannot be appealed, though revision and review remain, and a judgment may be appealed or revised in the High Court Division within sixty days. The final hearing must be completed within ninety days of the date fixed for it.[9] Our guide to the Commercial Courts Act in Bangladesh covers the procedure.

Validity questions

Validity is not always decided where infringement is tried. A design registration can be cancelled by the Director General within two years of grant, after which the application lies to the High Court Division.[5] Patent revocation goes to the District Court by petition or counterclaim, heard with the infringement claim.[3] Trademark cancellation can be pursued before the Registrar or the High Court Division;[11] our analysis of trademark infringement in Bangladesh explains how stays and interim relief interact.

Copyright infringement under the Copyright Act 2023

The Copyright Act 2023 (Act No. 34 of 2023) repealed the 2000 Act and is now the single source of copyright remedies.[1] Subsistence, ownership and term are covered in our guide to copyright law in Bangladesh. For enforcement, the Act offers civil, administrative and criminal tracks, plus online and border tools.

Civil remedies

Section 77 entitles the owner to injunctions, damages, accounts and all other remedies for infringement of a right. If the defendant proves it did not know, and had no reasonable grounds to believe, that copyright subsisted, the owner is confined to an injunction and cannot recover money earned from selling infringing copies. Section 80 treats infringing copies and plates as the owner's property and, for computer programs, extends to source code, data and design documentation, which the owner may sue to recover.[1] In software cases that is often worth more than damages.

The Registrar's complaint jurisdiction

Under section 10, the Registrar of Copyrights may investigate a complaint, determine true ownership and, pending resolution, prohibit any party from publishing, reproducing, broadcasting or marketing the work, and may impose compensation in the amount prescribed by rules. The Registrar's orders take effect like a civil court decree. Appeals go to the Copyright Board within three months, with a 10 per cent deposit against any compensation or fine, and from most final Board decisions to the High Court Division within three months.[1] No rules have yet been issued under the 2023 Act, so the Copyright Rules 2006 still govern procedure.[12]

Offences, raids and seizure

The general offence in section 84 carries up to four years' imprisonment and a fine of up to Tk 5 lakh, reduced to six months or Tk 50,000 if the infringement was not for profit in the course of business. Wilful film piracy carries up to five years and Tk 10 lakh under section 85, and infringing a digital work up to four years and Tk 4 lakh under section 100. Offences are tried by a first-class Judicial Magistrate and are non-cognisable, compoundable and bailable.[1]

Section 108 is the raid power. A police officer of sub-inspector rank or above, or an authorised Assistant Registrar, with reasonable grounds to believe copyright is being infringed may search premises without a warrant and seize infringing copies and the plates, soft copies and equipment used to make or distribute them, producing them before the court. Interested persons may apply for return within 15 days. The court may order destruction or delivery-up whether or not the accused is convicted, the government may constitute a copyright task force, and offences may go to mobile courts once scheduled under the Mobile Court Act 2009.[1]

Online piracy and takedown notices

Under section 82, where copyright is infringed through a network service provider, institution or other third party, the author or licensee may lodge a written objection. The recipient must promptly remove all copies under its control and inform the complainant in writing, failing which it is itself liable for infringement. "Service provider" covers anyone publishing through the internet or digital platforms.[2] Registration is not required for a takedown but strengthens it.[11] Preserve every notice with screenshots and URL logs; see also our guide to e-commerce law in Bangladesh.

Patent infringement under the Bangladesh Patent Act 2023

The Bangladesh Patent Act 2023 (Act No. 53 of 2023) came into force on 27 February 2025, replacing the Patents Act 2022.[4] Filing practice is covered in our guide to patent registration in Bangladesh. The Act's enforcement provisions depart from ordinary civil practice in ways both sides must plan for.

Rights and burden of proof

Section 25 lets a product patentee stop others making, using, offering, selling or importing the product, with equivalent rights over a patented process, and section 44 gives the proprietor a suit against infringers, with any revocation counterclaim heard alongside. In process cases, section 46 lets the court require the defendant to prove its method differs, and an identical product made without consent is presumed to have been made by the patented process, subject to protection for trade secrets.[3]

No injunction without a hearing

Section 47 requires the defendant to be heard before an interim injunction. The court weighs prima facie evidence, balance of convenience and irreparable harm and, for medicines, the effect on availability. The application must be decided within 30 days, reconsideration may be sought within 14 days, and the defendant may be compensated if no infringement is found.[3] A patentee cannot rely on surprise: the claim chart and expert analysis must be ready on filing day, and defendants should prepare non-infringement and invalidity arguments at once.

Final remedies and revocation

Section 49 provides a permanent injunction with compensation or an account of profits, assessed by reference to listed factors; if the defendant accepts a licence on court-set terms, no permanent injunction issues. The court may appoint an independent scientific adviser, and appeals must be filed within two months.[3] Revocation under section 33 is available on grounds including lack of novelty or inventive step and insufficient disclosure, so expect a revocation counterclaim in almost every contested case.[3]

Industrial design infringement under the Industrial Design Act 2023

The Industrial Design Act 2023 (Act No. 22 of 2023), dated 11 July 2023, gives the registered owner the right to stop others using the design, including by incorporating it into a product. Under section 21, a non-licensee using an identical or similar design in business, or an identical design likely to confuse the public, infringes.[5] For apparel, footwear, furniture and packaging, a design is often the quickest right to enforce because infringement turns on visual comparison.

Administrative compensation

Section 22 creates a remedy unique among the IP statutes. The proprietor may apply to the Director General of the Department of Patents, Designs and Trademarks, who after a hearing may order compensation and, where appropriate, confiscation of products or materials. The infringer must pay within 10 working days. Appeals lie to the government within 60 days and then to the High Court Division within 60 days.[5]

Court remedies

Section 23 lets the owner sue if administrative compensation is not paid. Read literally it places the administrative route first, so owners needing urgent relief should consider both and plead urgency. The court may grant interim injunctions under the Code of Civil Procedure and require proof of ownership, a surety or bond, and information identifying the goods. For knowing infringement, section 25(2) provides that the court shall award Tk 1 lakh or the damages suffered and may order up to Tk 10 lakh, with costs; section 26 allows seizure or destruction of infringing goods.[5]

Trademarks and passing off in brief

Trademark and passing off actions remain the largest category of intellectual property infringement Bangladesh courts hear, and they are covered in our dedicated guide to trademark infringement in Bangladesh. Three points connect them to this wider picture. A registered trademark is prima facie evidence of validity and ownership, shifting the burden to the infringer.[11] Likelihood of confusion is enough, without proof of actual confusion.[12] And trademark claims are listed commercial disputes, so the Commercial Courts Act timetable applies.[9]

Geographical indications: Jamdani, hilsa and the GI Act 2013

Jamdani became Bangladesh's first registered GI in 2016, and the register now includes products such as hilsa, Bogura yogurt and Chapainawabganj mangoes.[14] [13] A November 2025 study put the number of registered GIs at 60 but found most to be "paper GIs" with little commercial return, nearly all applications coming from government agencies, and machine-made Jamdani imitations widespread and hard to regulate.[13]

The GI Act 2013 (Act No. 54 of 2013) has a full enforcement chapter: section 28 on infringement of a registered GI, section 29 on false representation or misuse, section 30 on deceptively similar GIs, section 31 on producing, transporting, storing and selling false GI goods, section 35 on repeat offences and section 36 on confiscation. Section 19 prohibits assignment or transfer of a GI.[6] [9] Because holders are usually government bodies or producer associations, enforcement depends on organisation: agree who complains, who funds test purchases and who gives evidence on origin. Exporters should also watch foreign filings; the same study notes India registered "Tangail Saree of Bengal" first.[13]

Customs border measures under the Customs Act 2023

The border is often the cheapest place to stop intellectual property infringement Bangladesh importers bring in. Section 17(1) of the Customs Act 2023 (Act No. 57 of 2023) prohibits the import or export of goods with a fake geographical indication, goods bearing a counterfeit trademark or a false trade description as defined in the Trademarks Act 2009, and goods produced in infringement of rights under the Bangladesh Patent Act 2023 or the Copyright Act 2023.[7]

The patent and copyright clauses were substituted by section 140 of the Finance Ordinance 2025 to refer to the 2023 statutes, and the NBR published an authentic English text of the Act under SRO No. 441-Law/2025, dated 9 November 2025.[7] Industrial designs are not named in section 17(1), so design owners should not assume customs will act on a design alone.

Recording rights with customs

Under the NBR's Intellectual Property Rights Enforcement (Import and Export) Rules 2019, a rights holder lodges a notice with the customs commissioner, valid for one year; customs must accept or reject it within 30 days, and the holder gives a security bond and supporting documents. If the allegation proves unfounded, goods are released within 24 hours and the holder bears detention and destruction costs; if infringement is proved, the importer pays and the goods may be seized or destroyed. Customs may also act on its own initiative.[8] Applications usually go to the Customs Intelligence and Investigation Directorate with registrations, details of importers and genuine samples.[11] See our guide to customs law in Bangladesh and TRW's customs and trade compliance practice.

Interim injunctions, inspection orders and the Anton Piller question

Most IP cases are decided at the interim stage. Courts apply the test of a prima facie case, irreparable harm and balance of convenience.[11] Under Order XXXIX rule 3 of the Code of Civil Procedure, notice of an injunction application must be given to the opposite party, although the court may dispense with it where delay would defeat the object.[10] In IP practice ex parte orders are rare outside counterfeiting cases with imminent harm, and highly unlikely in copyright cases.[11] Our guide to temporary injunctions in Bangladesh explains how to frame the application.

Is there an Anton Piller order in Bangladesh?

There is no statutory Anton Piller or search order. The functional equivalents sit in the Code. Order XXXIX rule 7 lets the court order detention, preservation or inspection of the subject matter of the suit, authorise entry onto the other party's land or buildings and authorise samples or experiments to obtain evidence, but rule 8 requires the plaintiff's application to be made after notice. Order XXVI rule 9 allows a commission for local investigation, including to ascertain damages or profits, reporting within a period of up to three months.[10] Courts can also order surprise inspections, seizure of infringing goods and freezing of related assets.[11]

For copyright, the warrantless seizure power in section 108 often achieves more than any civil order, and for designs the court may order seizure under section 26.[1] [5] Attachment before judgment under Order XXXVIII can secure assets.[10] Bonds from rights holders are not customary, though the Design Act allows the court to require one.[11] [5] Because Commercial Court interim orders are open only to revision, the first hearing must be right.[9]

Criminal complaints, raids and mobile courts

Criminal enforcement is the route most associated with intellectual property infringement Bangladesh markets see daily: raids on warehouses, seizures and on-the-spot fines. It works against counterfeit stock and repeat sellers but delivers no injunction, no damages and nothing against the supplier behind the shop. The Registrars of Trade Marks and Copyrights can conduct administrative raids leading to confiscation.[11] The Copyright Registrar may also call on law enforcement and other agencies for assistance.[1] Agencies act fastest when the complaint arrives complete, with certificates, test purchases, photographs and addresses.

Both the Copyright Act and the Industrial Design Act make their offences triable by mobile court, subject to inclusion in the Mobile Court Act 2009 schedule, which must be checked before relying on it.[1] [5] Mobile courts suit retail counterfeits and pirated media; they do not suit disputed ownership or technical comparisons. Because copyright offences are compoundable, a complaint can also open a structured settlement. Where criminal and civil actions run together, the facts pleaded in each must match exactly.

Evidence and damages in intellectual property infringement Bangladesh cases

Bangladesh has no formal discovery process, so parties prove their case through the documents they file, and registry decisions and evidence can be placed before the court without binding it.[11] What is not gathered before filing may never be obtained.

Building the record

A strong file contains certified registrations or, for copyright, proof of creation and chain of title; dated test purchases with receipts and sealed samples; side-by-side comparisons of products, packaging, code or designs; evidence of sales, advertising and reputation; screenshots and URL logs; and any evidence of actual confusion. Commissions and inspection orders can fill gaps after filing.[10] In patent cases, a court-appointed scientific adviser can assist on technical questions.[3]

Quantifying damages and costs

Monetary remedies include actual damages, an account of profits, enhanced damages for wilful infringement and statutory damages for registered rights; actual damages need financial and expert evidence, and accounts need forensic accounting. The loser usually pays both sides' costs.[11] The Design Act's Tk 1 lakh baseline, rising to Tk 10 lakh for knowing infringement, gives design owners a floor other statutes lack.[5] Awards are usually modest beside the value of the injunction, so build strategy around stopping the infringement and recovering stock.

Limitation and delay

Infringement suits must generally be filed within three years of the cause of action, often measured from discovery, and unexplained delay can limit remedies.[11] Delay defeats interim relief long before limitation expires, because a court will ask why a plaintiff that tolerated the infringement for a year now needs urgent help.

DPDT and Copyright Office procedures alongside litigation

Infringement disputes often have an administrative twin that decides who owns the right being enforced. At the DPDT, trademark oppositions run through a notice, counter-statement, evidence and a Registrar's hearing; non-use cancellation is available after five consecutive years of non-use; and fraudulently obtained registrations can be cancelled.[11] A potential defendant can file a protective brief with the Registrars or seek a declaration under the Code.[11] At the Copyright Office, the section 10 complaint delivers an ownership ruling and restraint without a suit.[1] Our guide to copyright registration in Bangladesh explains when registering first is worthwhile.

How to protect and enforce IP in Bangladesh step by step

The sequence below reflects how intellectual property infringement Bangladesh programmes run in practice, with the statute-specific steps slotted in.

Swipe or scroll →

Mistakes to avoid

• Sending a detailed warning letter before evidence is secured, giving the infringer time to clear stock.
• Expecting an ex parte order in a copyright case, or surprise in a patent case.
• Filing criminal and civil actions with inconsistent facts or dates.
• Filing in the wrong court or missing the sixty-day Commercial Court appeal limit.
• Relying on customs to stop design-infringing imports without a legal basis.

Comparing the enforcement routes across IP rights

The table summarises the principal forum and distinctive remedy for each right; serious cases use several.

Settlement, licensing and technology transfer

Many disputes end in coexistence agreements, rebranding undertakings, delivery-up, a royalty-bearing licence or a buy-out. A legal notice sent after evidence is secured often achieves that without a suit. Once proceedings are issued, the Commercial Court may, with both parties' consent, refer the suit to mediation at any stage before judgment, to be completed within 30 days.[9]

Many infringement claims are contract disputes in disguise: a former distributor still using the brand, a franchisee trading after termination or a technology partner exceeding a licence. Our guides to franchising in Bangladesh and blockchain law in Bangladesh, which covers technology transfer, explain how to draft for post-termination enforcement. Arbitration clauses can cover contractual claims, but registry and court jurisdiction over validity remains, and the clause should preserve urgent court injunctions; see our guide to arbitration clauses in Bangladesh.

Choosing an IP enforcement lawyer in Bangladesh

Searches for the best IP lawyers in Bangladesh usually start with rankings, but the right test is capability across the routes intellectual property infringement Bangladesh cases demand: preparing a registry action and a civil suit in parallel, briefing customs and police, running an interim hearing in a Commercial Court and filing an appeal within sixty days. Ask any adviser how it would sequence the first thirty days and what evidence it would secure before writing to the infringer. TRW's corporate and commercial advisory practice works with our litigation team on IP portfolios, licensing and enforcement.

Intellectual property infringement Bangladesh: 2025 and 2026 developments

The Bangladesh Patent Act 2023 came into force on 27 February 2025.[4] The Finance Ordinance 2025 updated the IP clauses of section 17 of the Customs Act, and the NBR published its authentic English text in November 2025.[7] The Commercial Courts Act 2026 brought claims under all five IP statutes into commercial courts with a ninety-day final hearing and a sixty-day appeal.[9]

Three gaps remain to watch. Rules under the Copyright Act 2023 have not been issued.[12] Commercial Court pre-suit mediation depends on rules that must be checked at filing.[9] GI policy is under pressure, with late-2025 calls for a national GI policy, a logo framework and traceability.[13] Rights holders should audit portfolios, record rights with customs and prepare evidence packs before the next infringement arrives.

Frequently asked questions

Which court hears intellectual property infringement cases in Bangladesh?

Claims under the Trademarks, Copyright, Patent, Industrial Design and GI Acts are listed commercial disputes under the Commercial Courts Act 2026, heard by District and Additional District Judges. The Copyright Act requires civil suits to be filed in the District Judge's court.[9] [1]

What is the penalty for copyright infringement in Bangladesh?

The general offence carries up to four years' imprisonment and a fine of up to Tk 5 lakh, reduced to six months or Tk 50,000 if not for profit. Film piracy carries up to five years and Tk 10 lakh.[1]

Can police seize pirated goods without a warrant?

Yes. Under section 108 of the Copyright Act 2023, a sub-inspector or above, or an authorised Assistant Registrar, may search and seize infringing copies and equipment without a warrant and must produce them before the court.[1]

How do I get infringing content taken down online?

Send a written objection under section 82 of the Copyright Act 2023. The service provider must promptly remove the copies and notify you in writing, or it becomes liable for infringement itself.[2]

Can I get an ex parte injunction for patent infringement?

No. Section 47 of the Patent Act 2023 requires the defendant to be heard before an interim injunction, and the application must be decided within 30 days.[3]

What compensation is available for design infringement?

For knowing infringement the court awards Tk 1 lakh or the damages suffered and may order up to Tk 10 lakh, plus costs. The Director General can also order administrative compensation payable within 10 working days.[5]

Does Bangladesh have Anton Piller orders?

Not by that name. Courts use inspection and preservation orders under Order XXXIX rule 7 and local commissions under Order XXVI rule 9 of the Code of Civil Procedure, and the Copyright Act provides warrantless seizure.[10] [1]

Can customs stop counterfeit imports?

Yes. Section 17 of the Customs Act 2023 bars goods with fake GIs, counterfeit marks or false trade descriptions, and patent- or copyright-infringing goods. Rights holders can lodge a one-year notice under the 2019 IPR rules.[7] [8]

How are geographical indications like Jamdani protected?

The GI Act 2013 covers infringement, false use, deceptively similar use and dealing in false GI goods, with confiscation and repeat-offence provisions. Jamdani was registered as the first GI in 2016.[6] [14]

How long do I have to appeal a Commercial Court judgment?

Sixty days from the judgment or order, by appeal or revision to the High Court Division. Interim orders are not appealable but may be challenged by revision.[9]