Intellectual Property Disputes and Enforcement in Bangladesh

by Barrister Tahmidur Rahman | Sep 8, 2026

Disputes & ArbitrationProtect brands, works and inventions9 min read

Intellectual Property Disputes and Enforcement in Bangladesh

We act for brand owners, creators, technology companies and accused parties in intellectual property disputes in Bangladesh, covering trademark and copyright infringement, counterfeit goods, passing off, oppositions and rectification, customs measures, online takedowns and settlement with infringers. We act for local and foreign clients.

Intellectual Property Disputes and Enforcement in Bangladesh: intellectual property disputes with TRW & Co
Matter planDisputes & Arbitration
  1. Assess rights and evidence
  2. Choose the enforcement route
  3. Act and secure interim relief
  4. Resolve and monitor
Overview

How we handle intellectual property disputes in Bangladesh

Intellectual property disputes in Bangladesh range from a single counterfeit product on a market stall to a coordinated campaign against an importer, a manufacturer and several online sellers. Brand owners need to know which remedy will stop the harm fastest, what evidence the court or authority will expect, and how much the action will cost compared with the value of the brand. TRW & Co brings together our dispute resolution practice and our technology and IP team to give clients a practical enforcement plan rather than a theoretical list of rights.

The legal framework was substantially modernised in 2023. Trademarks are governed by the Trademarks Act 2009, while new statutes on patents, copyright and industrial designs were enacted in 2023, and geographical indications have their own 2013 statute. The Department of Patents, Designs and Trademarks (DPDT) registers trademarks, patents and designs, and the Copyright Office registers copyright. Registration is not always required to sue, since passing off protects unregistered marks and copyright exists without registration, but a registered right makes intellectual property disputes much simpler to prove and gives access to statutory remedies.

Enforcement can take several forms, and the best route depends on the infringer and the goal. Civil suits for infringement or passing off allow the court to grant injunctions, order delivery up or destruction of infringing goods, and award damages or an account of profits. Criminal complaints can target counterfeiting and false trade descriptions. Customs authorities can act against infringing imports, and consumer protection and mobile court mechanisms can address fake products in the market. In many intellectual property disputes, a firm cease and desist letter backed by evidence achieves a settlement without any proceedings at all.

Registry proceedings are also a frequent battleground. Brand owners oppose conflicting trademark applications, seek rectification or removal of marks registered in bad faith, and challenge registrations that have not been used. Applicants, in turn, defend their filings against oppositions from larger competitors. Decisions of the registrar can be appealed to the High Court Division. We handle both sides of these intellectual property disputes, combining knowledge of registry practice with the advocacy skills of our litigation team led by Adv Syed Wahid, and we work with counsel in the UK, US, UAE, China, India and Singapore on multi-country portfolios.

Digital infringement adds new challenges. Counterfeits are sold through social media pages and marketplaces, pirated content is streamed online, and domain names are registered to divert customers. We advise on platform notice and takedown procedures, evidence capture, requests to service providers and the interaction with data protection rules under the Personal Data Protection Act 2026 when identifying infringers. We also defend businesses accused of infringement, assessing validity, prior use, non-use and fair dealing defences. Whatever side you are on, we aim to resolve intellectual property disputes in a way that protects your commercial position and your budget.

01 · What we handle

Core workstreams

  • Infringement and passing off suits
  • Anti-counterfeiting programmes
  • Oppositions, rectification and appeals
  • Customs and border measures
02 · How it runs

Four clear stages

  1. 01Assess rights and evidence
  2. 02Choose the enforcement route
  3. 03Act and secure interim relief
  4. 04Resolve and monitor
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

Book →
How we help

Our IP enforcement and litigation work

Workstream 01Disputes & Arbitration

Infringement and passing off suits

  • Assess rights and evidence
  • Choose the enforcement route
  • Act and secure interim relief
  • Resolve and monitor
Workstream 02Disputes & Arbitration

Anti-counterfeiting programmes

  • Assess rights and evidence
  • Choose the enforcement route
  • Act and secure interim relief
  • Resolve and monitor
Workstream 03Disputes & Arbitration

Oppositions, rectification and appeals

  • Assess rights and evidence
  • Choose the enforcement route
  • Act and secure interim relief
  • Resolve and monitor
Workstream 04Disputes & Arbitration

Customs and border measures

  • Assess rights and evidence
  • Choose the enforcement route
  • Act and secure interim relief
  • Resolve and monitor
Workstream 05Disputes & Arbitration

Online and digital enforcement

  • Assess rights and evidence
  • Choose the enforcement route
  • Act and secure interim relief
  • Resolve and monitor
Workstream 06Disputes & Arbitration

Licensing and settlement disputes

  • Assess rights and evidence
  • Choose the enforcement route
  • Act and secure interim relief
  • Resolve and monitor
01

Infringement and passing off suits

We bring and defend civil suits for trademark, copyright, design and patent infringement and for passing off. We prepare plaints, evidence of ownership and reputation, comparative analyses and expert support, and we seek temporary injunctions at the outset where delay would cause lasting harm. Our approach to intellectual property disputes in court is to build a clear, well-documented case that persuades the judge quickly and supports realistic settlement discussions.

02

Anti-counterfeiting programmes

For brand owners facing persistent fakes, we design enforcement programmes that combine market investigations, test purchases, criminal complaints, raids with law enforcement support, customs action and civil claims against importers and distributors. We prioritise the sources of supply rather than individual retailers, and we track outcomes so that the client can measure whether enforcement spending is reducing the volume of counterfeit goods reaching consumers in Bangladesh. Seizure figures, takedown counts and market checks are compared against the programme's targets.

03

Oppositions, rectification and appeals

We file and defend trademark oppositions before the registrar, apply for rectification or removal of conflicting registrations, and challenge marks registered in bad faith by distributors or former partners. We also represent clients in appeals to the High Court Division against registrar decisions. Registry-based intellectual property disputes are often cheaper and faster than court litigation, and they can clear the way for later enforcement against the same party.

04

Customs and border measures

We help rights holders record their marks and work with customs authorities to identify and detain suspected infringing imports at ports and land borders. When goods are detained, we coordinate examination, confirm infringement and pursue seizure or destruction. We also advise importers whose consignments are held on intellectual property grounds, including how to respond to allegations, secure release and limit the commercial impact of delay. Clear product identification guides and contact details for the brand owner help officers act quickly.

05

Online and digital enforcement

We prepare and submit takedown notices to social media platforms, marketplaces and hosting providers, capture evidence in a form that courts will accept, and pursue domain name recovery. Where infringers hide behind anonymous accounts, we consider lawful routes to identify them. Online intellectual property disputes move quickly, so we act within days, escalate where platforms do not respond, and combine digital steps with action against offline suppliers.

06

Licensing and settlement disputes

Many intellectual property disputes arise between former partners: licensees who keep using a brand after termination, distributors who register the principal's mark, developers who claim ownership of software, or employees who take confidential information. We review the contracts, assess the strength of each side's claim and negotiate settlements, coexistence agreements or orderly exits, while keeping litigation and arbitration options open as leverage. Settlement terms are drafted to be enforceable.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Disputes & Arbitration matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

Meet the firm →
01

Do we need a registered trademark to stop an infringer in Bangladesh?

Not always, but registration makes enforcement much easier. With a registered mark, you can bring an infringement suit and rely on the registration as evidence of ownership. Without registration, you can usually still bring a passing off action, but you must prove goodwill and reputation in Bangladesh and show that the defendant's conduct is likely to deceive customers. That evidence takes time and money to gather. We therefore advise brand owners to register key marks before entering the market and to monitor the trademark journal so they can oppose conflicting applications early. Registration also simplifies customs recordal.

02

Which court hears intellectual property disputes in Bangladesh?

Civil infringement suits are generally brought before the District Court with jurisdiction, and appeals go to the High Court Division. Registrar decisions on trademark registration, opposition and rectification can also be appealed to the High Court Division, while criminal complaints proceed before the magistrates' courts. The Commercial Courts Act 2026 is changing how some commercial matters are allocated, so we check whether a particular claim falls within its scope before filing. Choosing the right forum matters, because it affects timing, interim relief and the enforceability of any eventual order. We also consider where the defendant's assets are located.

03

Can we get an urgent injunction against counterfeit sellers?

Yes. Courts can grant temporary injunctions in intellectual property disputes where the claimant shows a prima facie case, a balance of convenience in its favour and a risk of irreparable harm. Applications are strongest when supported by registration certificates, clear evidence of infringing products, test purchase records and proof of prompt action after discovering the infringement. Delay can be fatal to an injunction application. We prepare the suit and the application together so that interim relief can be sought immediately, and we advise on enforcing the order once granted. Undertakings can sometimes avoid a contested hearing.

04

What remedies are available if we win intellectual property disputes in court?

Depending on the right and the facts, the court can grant a permanent injunction, order delivery up or destruction of infringing goods and materials, and award damages or an account of the infringer's profits, together with costs. In criminal proceedings for counterfeiting or false trade descriptions, offenders may face fines, imprisonment and confiscation of goods. Monetary awards in Bangladesh courts are often modest, so in many intellectual property disputes the real value lies in stopping the infringement, removing stock from the market and deterring others who are watching the outcome. Costs orders are also worth pursuing.

05

How do we deal with counterfeits sold on Facebook and online marketplaces?

Most platforms operate notice and takedown procedures for trademark and copyright complaints, and a well-prepared notice with proof of ownership often removes listings quickly. Persistent sellers may need further action, such as a legal notice, a complaint to consumer protection authorities, a criminal complaint or a civil suit. Evidence should be captured carefully, with screenshots, URLs, dates and test purchases. We coordinate online removal with action against the suppliers behind the listings, because removing posts without addressing the source rarely ends online intellectual property disputes for good. Repeat sellers should be documented.

06

Someone has registered our brand in Bangladesh before us. What can we do?

This is a common problem, often involving a former distributor or an opportunistic filer. If the registration is recent, an opposition or rectification application may be available, especially if you can show earlier use, international reputation or bad faith. A mark that has not been used for the statutory period may also be vulnerable to removal for non-use. Negotiated assignment is sometimes quicker. We assess the evidence, the timing and the commercial relationship before recommending a route, and we advise on protecting your business while the dispute is resolved. Quick action limits the damage.

07

We have been accused of infringement. How should we respond?

Do not ignore a legal notice, but do not concede liability either. We review the claimant's rights, check whether their registration is valid and whether you have earlier use, a distinguishable mark, a licence or a fair dealing defence. Sometimes a measured reply resolves the matter; sometimes a counterclaim for rectification or a declaration strengthens your position. If a suit and injunction application are filed, prompt and well-evidenced opposition is essential. We defend businesses in intellectual property disputes with the same rigour that we bring to claims for rights holders. Early advice avoids costly missteps.

08

How long do intellectual property disputes take to resolve?

Timelines vary with the forum and the defendant's response. Platform takedowns and settlements following a strong legal notice can conclude within weeks. Registry oppositions and rectification proceedings typically take considerably longer, and contested civil suits with appeals can run for several years. Interim injunctions, however, can provide effective protection while the main case continues. We give each client a realistic view of timing at the start, plan for the likely route of resistance, and look for opportunities to settle when the commercial objective can be achieved without a full trial. Settlement terms should always be recorded in writing.

How a matter runs

From first call to resolution.

  1. 01

    Assess rights and evidence

    We confirm ownership, registration status and validity of the rights involved, gather evidence of infringement through investigation and test purchases, and assess the strength of the claim against the infringer's likely defences. Early assessment shapes intellectual property disputes.

  2. 02

    Choose the enforcement route

    We compare a legal notice, platform takedowns, customs action, criminal complaints, registry proceedings and civil suits, and recommend the combination that meets the commercial goal at a proportionate and predictable cost. Each option is costed against its likely effect, so the client can see what spending is proportionate.

  3. 03

    Act and secure interim relief

    We issue notices, file proceedings and seek temporary injunctions or seizures where needed, moving quickly so that evidence is preserved and the infringement is stopped before it causes lasting market damage. Test purchases, screenshots and witness statements are preserved in a form the court can rely on.

  4. 04

    Resolve and monitor

    We negotiate settlements and undertakings or pursue the case to judgment, then monitor the market, platforms and trademark journal so that repeat infringement and new conflicting filings are caught early. Monitoring prevents future intellectual property disputes.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

What should a cease and desist letter in intellectual property disputes include?
It should identify the right and its owner, attach registration certificates or evidence of reputation, describe the infringing acts with dates and examples, and state clearly what the recipient must do, such as stopping sales, delivering up stock or withdrawing a trademark application, by a set deadline. The tone should be firm but accurate. Overstated threats can backfire and may weaken the sender's credibility if the matter later reaches court. In intellectual property disputes, the letter often becomes the first exhibit, so its accuracy matters. We draft letters that are firm, precise and ready to be relied on in court.
Is copyright registration needed to sue in Bangladesh?
Copyright arises automatically when an original work is created, so registration is not a precondition to protection. Registration with the Copyright Office does, however, provide useful evidence of authorship and the date of creation, which can be decisive when ownership is disputed. Software developers, publishers, designers and media businesses often register key works for this reason, particularly where content is licensed to others or likely to be copied. Registration certificates are also helpful when submitting takedown notices to online platforms and when dealing with customs.
Can customs stop counterfeit imports into Bangladesh?
Customs law allows the authorities to act against goods that infringe trademarks and other intellectual property rights. Rights holders improve their chances by providing customs with information about their marks, genuine products, authorised importers and known infringers. When suspect goods are detained, the rights holder must usually act quickly to confirm infringement, cooperate with the examination and pursue seizure or destruction within the required timeframe. We help rights holders prepare recordal information and act promptly when a detention notice is received from customs.
Are criminal complaints useful in intellectual property disputes?
They can be, particularly against organised counterfeiters, because police action and seizure of stock can disrupt supply quickly. Criminal proceedings require careful preparation, credible evidence and cooperation with law enforcement agencies, and they are not suitable for genuine disagreements over the scope of rights or coexistence. We assess whether a criminal route is proportionate and how it should be combined with civil remedies and settlement discussions. Poorly prepared complaints can expose the complainant to counter-allegations, so evidence must be robust before filing.
Can we protect trade secrets in Bangladesh?
There is no single trade secrets statute, but confidential information can be protected through contracts, employment terms, the law of confidence and, in some cases, criminal law and data protection rules. Strong protection depends on preparation: clear confidentiality clauses, limited access, records of who received what information, and prompt action when a leak is discovered. We help businesses prepare and act when sensitive information is taken. Exit interviews, return of devices and reminders of continuing obligations are useful practical safeguards for employers.
Can intellectual property disputes be settled by arbitration or mediation?
Yes, where the parties agree or a contract such as a licence or distribution agreement contains an arbitration or mediation clause. Contract-based disputes over royalties, territory and termination are often well suited to arbitration or mediation. Disputes about the validity of a registered right, however, usually require the registrar or the court. Mediation is also a useful way to agree coexistence terms between competing brands without lengthy litigation. We advise on drafting dispute clauses in licences so that future intellectual property disputes have a clear, efficient forum.
What does IP enforcement cost in Bangladesh?
Costs depend on the route chosen, the number of infringers, the need for investigations and the resistance offered by the other side. A legal notice or platform takedown costs a fraction of contested litigation. We do not quote standard fees without understanding the matter, but we give clients a phased budget at the start so that each enforcement step can be weighed against its expected benefit and the overall value of the brand. Where a counterclaim or appeal is likely, we explain how that would affect the overall budget.
How can TRW help with intellectual property disputes?
We advise brand owners, creators, technology businesses and accused parties on intellectual property disputes, from investigations and legal notices to registry proceedings, customs action, criminal complaints, civil suits and appeals. Our dispute resolution and technology lawyers work together, and we coordinate with foreign counsel on international portfolios. Contact our Dhaka office on +880 1708 000660 or at info@trw.co to discuss an infringement problem or a claim made against you. Early advice usually gives clients more options and reduces the cost of resolving the matter.

Stop infringement and protect your brand

Speak with the partners about intellectual property disputes in Bangladesh or across borders.

Book a consultation →
intellectual property disputes: TRW & Co, Dhaka
Call the Dhaka office+880 1708 000660WhatsApp · message usMessage our team
Message TRW on WhatsApp