Abstract:
Bangladesh's patent law has undergone significant reform with the enactment of the Patent and
Design Act, 2023, which replaces the outdated Patents and Designs Act, 1911. This modernized
legislation aims to enhance the intellectual property (IP) framework of the country, aligning it
with global standards and facilitating economic growth by encouraging innovation. The new
Act addresses key issues such as patentability criteria, patent protection duration, and
enforcement mechanisms, thereby strengthening the legal protection for inventors and
businesses. One of the central features of the Patent and Design Act, 2023 is the clear definition
of patentable inventions, which includes new products, processes, and innovations that involve
an inventive step and are industrially applicable. The law extends patent protection for a period
of 20 years, providing inventors with sufficient time to capitalize on their inventions.
Moreover, the law introduces provisions for compulsory licensing under certain conditions,
ensuring the accessibility of essential technologies while maintaining a balance between the
interests of patent holders and the public. the law establishes a more efficient patent application
process, including the creation of a patent office with greater administrative capacity. This
move aims to streamline the examination process, ensuring timely and effective protection of
intellectual property. The enforcement mechanisms under the new Act are strengthened, with
provisions for legal remedies such as injunctions, damages, and criminal penalties for IP
infringements. The Patent and Design Act, 2023 is a crucial step towards improving
Bangladesh’s position in the global intellectual property landscape. By fostering innovation,
encouraging foreign investment, and ensuring the protection of intellectual property rights, the
law plays a pivotal role in Bangladesh’s economic development, particularly in sectors such as
pharmaceuticals, technology, and manufacturing. However, its successful implementation will
depend on effective enforcement, public awareness, and capacity building within the legal and
administrative systems.
