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Strengthening Bangladesh's position in the IP landscape
Debbie Roenning, Director, Madrid Legal Division, World Intellectual Property Organization (WIPO), recently visited Dhaka to attend a seminar. In this interview with Naznin Tithi of The Daily Star, she talks about why it is important to protect our IP rights and how Bangladesh can benefit by joining the Madrid System, an international trademark system.
How far do you think Bangladesh has progressed in terms of protecting its Intellectual Property (IP) rights? Why is it important for a country?
I think Bangladesh is at the initial stage of a very important development in terms of IP rights as it is in the process of making its IP policies. There are different types of Intellectual Properties: patent, geographical identification (GI) copyright, design and trademark. But like in other countries, here in Bangladesh, more applications are being filed for registering trademarks than patents or GIs. To get a patent, you have to have a technical invention. So usually, there are fewer applications for registering patents. But trademark is an easier, accessible right for the big as well as small companies. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of another. It is important that companies protect their products by registration to make sure that they have the exclusive right to their products so that others may not steal their ideas. Regardless of export plans, companies need to protect their trademarks in the local market, in Bangladesh. This protection will improve their business here.
In 2017, a total of 13,090 applications were filed in Bangladesh for registering trademarks. Seventy percent of these applications were
filed by residents and less than 30 percent by non-residents. Some 153 applications were filed abroad (export markets) by companies with an address in Bangladesh.
The Department of Patent, Design and Trademark (DPDT) protects trademarks in Bangladesh and if you join the Madrid System, an international trademark system, local companies can be able to protect their trademarks outside Bangladesh in an easy and more cost-efficient manner.
Tell us about the Madrid System and why Bangladesh should join it. The Madrid System is an international system, a one-stop shop for trademark holders to obtain and maintain protection in export markets. This system is more than 125 years old and has 101 members covering 117 countries. Bangladesh is not yet a member of this system but we hope it will soon join it. This system will be very beneficial for Bangladesh, especially for trademark owners and export industries. It will empower local industries, provide easier access to export markets and promote international trade and export. It will also provide easier access for foreign trademark holders to seek protection in Bangladesh and foster a more favourable climate for foreign investment in the country.
Through this system, with one application, you can designate many
countries, and that one application will be the equivalent of a bundle of national rights. Currently, if a local company wants to expand its business in foreign countries, it needs to file several applications in several countries, but with the Madrid System, this can be done with simply one application. The owner of a company can designate as many countries as he/she wants where he/she wants to expand business. It is possible to expand the protection to additional markets later, while keeping only one registration to maintain. It is convenient and costefficient.
For the government, the benefits are also many. Accession to the system will promote international
trade and export, help meet national export targets and also empower local industry. Bangladesh will become a more attractive market for foreigners because they will know that their trademarks are protected here and they can enforce their rights in Bangladesh. It will provide a more favourable climate for foreign investment, and an increased number of filings means more revenue.
Can you elaborate on how the system will benefit local industries and increase our export earnings and foreign investment?
The experiences we have from other countries that have joined the Madrid System tell us that there will be many more filings coming to the country though the system. What I have been told is that currently there isn't much exposure here of international big brands. They will come with the Madrid System. And when they come, it means foreign investment, foreign capital coming into the country. It will also mean that they will need local supplies, so this would be good for the local supply industry as they will get an extra boost. It might mean that there will be increased employment. People will have more skills. And it is always good for countries to have many more people out working with increased skills. Bangladesh is also now emerging from a least developed country and moving towards being a developing
one. Being in the Madrid System will be a big boost for its economy.
Without being a member of the Madrid System, it's more cumbersome and more financially taxing for the companies to do business in the foreign countries because they will have to have local attorneys helping them in those countries. Being in the Madrid System will allow them an easier, direct access to the export market. It will save cost and time. And it will be much more convenient for the small business owners.
Hilsa, Jamdani, mango and other GIs can also be protected as a collective mark (a form of trademark) through the Madrid System. Tourism is a very important sector for Bangladesh. I have seen some marks advertising for tourism. Local companies (or even the government) offering services linked to tourism (for example, hotels, resorts, eco-adventure or safaris for wild animals) can file for protection of that service mark through the Madrid System. These service marks could be exported abroad by advertising on the Internet or travel magazines to reach people outside Bangladesh.
What are the main challenges in protecting the IP rights in a country like ours?
I think awareness is the main issue here. You need to make businesses aware of their IP rights. If the
government creates a system and doesn't inform the businesses about it, they won't know that the government is offering these services. So, the DPDT's role is very important here. They can try to break things down for the people as to what it means for the country and for the companies operating here. I think that's the first step. It's also very important to educate people regarding IP issues. The universities can have lectures on IP rights.
The main obstacle for Bangladesh to join the Madrid System is that the national trademarks legislation needs to be amended. Once the legislation has been amended, Bangladesh may join the Madrid System. We hope the legislation will be adopted by the parliament next year. In the meantime, we will help the DPDT to prepare for the Madrid System and get ready. India has been a member for some years and they are doing quite well. Pakistan and Sri Lanka are in the process of joining the Madrid System. So if you hurry up, maybe you will beat them and become the next member from this region. All the business organisations seem to be agreeing that this is a good thing for the local businesses. The DPDT is doing a good job and their internal procedures are very well compatible with the Madrid System. So the one crucial point now is just having the legislation approved by the parliament.