“Patent Law in Bangladesh: An Overview on the Newly Enacted Law in Bangladesh”

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patent law has undergone significant reform with the enactment of the Patent and Design Act, 2023, which replaces the outdated Patents and Designs Act, 1911.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.