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New Bill Gets Cabinet Approval

Misuse of patents to face up to Tk 1m penalty

Published : Tuesday, 23 February, 2021 at 12:00 AM  Count : 98
Business Correspondent

Patent evaders to face punishment by paying from Tk0.5 million to Tk1million as penalty instead of proposed penalty of Tk20,000 to Tk80,000.
The cabinet has given final approval to the draft 'Bangladesh Patent Act - 2021' by increasing the punishment on Monday.
The approval was given in a virtual cabinet meeting chaired by Prime Minister Sheikh Hasina on the    day.  She took part in the meeting from Ganobhaban while cabinet ministers participated from their secretariat offices via video conference.
After the meeting Cabinet secretary Khandaker Anwarul Islam told reporters about the approval at a press briefing at the Secretariat.
He said, 'Any technological product will be eligible for innovation patent if it is covered under the existing patent and innovation law. In accordance with the law, as per application made by a single or joint inventor for patents in a specified manner would be given patent rights with necessary tests on the applications.
'According to the draft law, the patent owner will get the patent right for 20 years and after expire it will become a public asset. '
The cabinet secretary said "In any case, if genetic resources are misused, the patents will be handed over to the appropriate authorities." This law provides for revocation and enforcement of patents. The lawsuits under this Act will be of civil nature. The civil court will handle these.
The cabinet secretary said, "Under the law, there will be a register office here. Everyone will register from the office of this system. Supervision and monitoring will be done at the same time. This register will also act as the administrative directorate of design law. '
"The Patents and Designs Act was mooted in 1911," he said. That was going on. But for various complications there has been so much diversification and specialization that one law did not cover two. In 2016, the law was divided into two parts, a patent law and another design law. The draft law was brought by the Ministry of Industry.
The Cabinet Secretary said that the draft of 'Bangladesh Industrial Design Act, 2021' has been approved in principle at the meeting. There will be an industrial unit under this department. All activities related to industry-design registration will be completed under this Act.
He said, "Under the law, the period for registration of art-designs in the prescribed manner and subject to payment of fees will be five years." If someone has an Exclusive Extraordinary plan, if he applies, his term will be extended for another five years. It was not in the previous law. '
Khandaker Anwarul Islam said, "If an industry-friendly design is registered in favor of an individual or an organization, the owner will be compensated if he uses it fraudulently and action will be taken according to the civil law."
The cabinet secretary also said that these two laws have been enacted as per the resolution of the World Trade Organization.

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