Intellectual Property Law in Bangladesh

The term Intellectual Property (IP) denotes the human mind’s creations that include literary and artistic works, symbols, names, inventions, etc., used in commercial ventures. With the rapid expansion of the global economy, Intellectual Property Law in Bangladesh, along with the corresponding rights, has become an absolute asset to the overall development of the country. In general, IP is protected by patents, geographical indications, trademarks, industrial designs, and more that enable people to earn recognition and benefits from what they have created or invented. IP Law in Bangladesh or any other nation aims to develop an environment that can ensure the right balance amid the interests of inventors and the public.

IP Law and Rights in Bangladesh

Due to the effect of globalization, Intellectual Property Rights in Bangladesh is an international concern. As per some reports, Bangladesh had participated in the Paris Convention in 1991 and the Berne Convention in 1999 for the Protection of Industrial Property and Literary and Artistic Works, respectively. Moreover, the nation is a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. Following the legal battle settlement system provided by the World Trade Organization (WTO), the TRIPS has set comprehensive, universal, and mandatory standards for almost every country. Besides, considering that the IP Protection in Bangladesh is a hostile issue for things like life-saving drugs, technological inventions, etc., the WTO has provided some exemption. It has provided the LDCs such as Bangladesh with the freedom to implement provisions mentioned in the TRIPS agreement related to pharmaceuticals until 2033. Like many other LDCs, Bangladesh is also exercising and having benefits of the extended transition period to bring itself into compliance with TRIPS regulations.

IP Law and rights associated with it have a noteworthy significance and remarkable implications in Bangladesh. The significant impacts of these legal assets in this nation can be determined by the following viewpoints:

Economic: As the potential benefits have long-term effects on the country’s financial wellbeing, IPRs are undoubtedly beneficial for the economic growth of Bangladesh. Furthermore, by upsurging export diversification and promoting foreign exchange investment, IPRs in Bangladesh can enhance the likelihood of increased investments in both – the production and the invention areas.

Non-Economic: First of all, it is essential to understand that this aspect regarding the IPRs in Bangladesh is not less important than the economic feature. Exclusive rights under the non-economic aspect can help the nation in obtaining a distinct identification in the global market. For instance, Geographical Indication (GI) in Bangladesh has brought its natural and cultural products to the international marketplace. Note that Bangladesh has already attained GI tags for products like Hilsa, Khirsapati, and Jamdani, which are extracting considerable benefits for the nation.

IPRs are also known for creating value that serves producers with the best-suited prices for their quality products. As IPRs encourage producers to come up with quality products, these play a crucial role in providing nations with good income by increasing their reputation and financial profits.

Bangladesh is assuredly making efforts to ensure its growth, and therefore, emerged as one of the fastest-growing nations in the world. Nevertheless, if we consider the present scenario, the outcomes aren’t so good. For instance, if compared in terms of patent and Trademark Applications, Bangladesh lags far behind the three neighboring nations, including India, Pakistan, and Sri Lanka. Though it succeeded in leaving these three countries behind in terms of industrial designs, yet the overall gains from Intellectual Property Protection in Bangladesh seem to be unprofitable.

According to the data collected this year, the global ranking Bangladesh has achieved in the IP area was 116 out of 126. Besides within the marking range of 0 to 100, it has scored just 23.06. All these aspects ultimately point towards Bangladesh’s poor condition in the field of IP.

Solution related to IP issues in Bangladesh

 As discussed above – considering that the protection of IP in Bangladesh is a contentious problem, the TRIPS agreement that aims at ensuring powerful protection among the WTO members has given the nation an extended transition period to safeguard its IP. Nonetheless, this opportunity would not apply to Bangladesh after a time slot of three years. Hence, the nation will have to compete with advanced and developed countries for not just domestic but foreign markets as well. It means, the Bangladesh government, as well as residents, must take necessarily required precautionary steps on an immediate basis, else the global market share of this country will shrink. For more visit: https://www.trademarkmaldives.com

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Imagion Biosystems Obtains Patent From India

Imagion Biosystems Limited, an Australian firm dedicated to improving healthcare through early detection and research for diseases like cancer by using the latest diagnostic imaging technology, has recently obtained a patent from India. By bringing biotechnology and nanotechnology together, Imagion aims to recognize cancer and other diseases earlier, thus making it possible for the patient to recover at the early stages.

The recent patent – #320872 – from the Indian Patent Office has been issued for the company’s core Intellectual Property (IP) associated with detection, analysis, and imaging of diseases by using magnetic nanoparticles. The new patent has added India to the Imagion’s existing global market coverage, including Australia, Israel, Russia, Japan, and the US. And, if we talk about the term of this newly issued Indian patent, then it extends to the year 2030.

As per the data provided by the International Agency for Research on Cancer, the number of patients getting a diagnosis of this disease in India is expected to increase to 1.41 million by 2026 from 1.15 million in 2018. Alongside these statistics, the Indian Council of Medical Research abbreviated as ICMR has reported that lung cancer and breast cancer are the two most common cancers from which the residents in the country often suffer. It also stated that around sixty percent of patients having breast cancer get diagnosed in the late stages.

Bob Proulx, Executive Chairman of Imagion Biosystems Limited, said that this patent grant is a significant addition to their IP portfolio. He added that sadly, the cases of cancer (particularly breast cancer) in India following the rest of the world are continuously and rapidly growing. In nations like India, where the diagnosis usually occurs at late stages, there is a remarkable opportunity to impact the survival rates. Thus, their technology to detect disease at the early stages without using radiation or invasive procedures appears to meet an unmet need in the areas of cancer diagnosis and management.

The current focus of ImagionBiosystems is on diagnostic imaging addressing a $2 billion market globally. In the specific, the Imagion’s magnetic nanoparticles technology looks emphasizing lung, breast, prostate, and ovarian cancers.

It is expected that due to the large size of the population and its continuous growth, along with the development of the new cancer diagnostic technology in India, the nation will soon become a growing part of the addressable global market. For more visit: https://www.trademarkmaldives.com

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Justin Bieber Attempts To Trademark The Term – R&Bieber

Justin Bieber, a Canadian pop singer-songwriter, is currently attempting to trademark the term “R&Bieber.”

TMZ, a tabloid news website, reports that Justin has been going back-and-forth in regards to dropping a new album – R&B soon – and it looks like he is stepping ahead to do so.  As per the reports, Justin and his team have filed official papers to trademark the phrase for “entertainment services in nature of live musical performances and production of sound recordings.” They also noted that the singer wants to trademark the same term for movies and merchandise, he is seeking to sell.

Bieber’s team filed for the Trademark Registration on October 31, which was just a few days after October 27, when he shared a photo of the phrase to Instagram. Hence said, as Bieber began teasing that he would be open to coming up with new music related to the specific term last month via Instagram, this news shouldn’t appear like a shaking surprise.

However, it is not clear to say whether “R&Bieber” will represent an album or not, but the fans must consider the Instagram post by the pop singer in which he wrote that if this post succeeds in getting 20 million likes, he will launch an album before Christmas.

On Instagram, Bieber posted, “Share it, like it, post it in your story, I gotta view the demand, love you guys – pumped for it! I am almost done, but your support would make me move faster.” Apart from this post, the pop singer made a statement that fueled fans’ excitement following his previous statement regarding – a kiss ass album ASAP. Justin robustly hints that he is planning to launch a new album and the Trademark Application signs that the album will be named “R&Bieber.”

Justin Bieber had released his last studio album – Purpose – around four years ago, so it is about phase for a new album from the famous and lovable Canadian artist. Though it’s after a long time, yet it doesn’t mean that the pop singer has been silent. He shed a combined record with Dan + Shay called – 10,000 hours – in October.

According to reports, Justin is expected to release his new album before the end of this year. Ultimately, whatever may be the implications of R&Bieber, Beliebers better get ready! For more visit: https://www.trademarkmaldives.com

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How To Develop A Trademark Strategy For Your Business?

Are you planning to develop your business? It is significant to have a unique and distinct brand that’s recognizable by consumers as a sign of quality, trust, and satisfaction. These types of brands that attract business profits on one side are vulnerable to be infringed by others like competitors on the other side. Hence, a good trademark strategy is vital to create a brand that is easy to sell, satisfies the consumers, and maintains a distance from issues like Trademark Infringement. Trademark strategy can also help in ensuring that a unique name or logo representing your business will remain a symbol of your goodwill and reputation, instead of becoming descriptive of specific products originating from anyone.

Steps to Develop a Fruitful Trademark Strategy

1.     Execute Trademark Search

In the brainstorming stages of building your brand, a trademark search is helpful to determine whether or not any confusingly similar or identical trademark that can prevent Trademark Registration in regards to your product already exists. A trademark search, though, seems a little bit costly for firms having limited financial resources, yet it can help you in saving a lot of your hard-earned money that may likely get wasted on rebranding products and services once they were launched or promoted. It can also prevent issues like trademark infringement, and therefore, wastage of financial resources on settling them.

One can conduct a preliminary trademark search on his/her own. However, this type of search only captures trademarks identical to your mark in most cases. Besides, it fails to determine trademarks that have different spellings but the same sound, for example – Life and Lyfe. Accordingly, it is recommended to seek the help of an experienced Intellectual Property (IP) Attorney or trademark solicitor while conducting a trademark search.

2.     Be Careful About the Trademark Registration Process

After being familiar with the fact that trademarks can add a remarkable value to your brand, you may get tempted towards obtaining Trademark Protection in India or other nations for every symbol, name, etc., representing your business. Before proceeding, note that as the trademark registration procedure is country-specific, obtaining and enforcing several trademarks can be expensive as well as difficult. As a consequence, registering every single item in the vast suite of your business products doesn’t make commercial sense. Hence, Trademark Registration in India or any nation should always be carried out after prioritizing trademarks based on the value they provide and having complete information regarding how the process is carried out in the relevant nation.

3.     Market Your Trademark

The subsequent step in the trademark strategy procedure is to publicize your Registered Trademark to consumers so that they associate it with the satisfaction and quality related to your products and services. Do you rely on websites and social media platforms to advertise your products? Securing domain names and social media accounts will help in preventing competitors from making profits by using the same or similar names or accounts.

4.     Ensure Proper Usage

One pitfall trademark holder can fall into is condoning inappropriate trademark use by consumers and influencers in the area, spreading the usage in vernacular. One of the best examples of this is “Google®,” which was initially trademarked as a search engine but soon became a common verb to showcase searching for anything online. Although this isn’t always problematic for large brands; however, for small ones, it can lead to disastrous outcomes.

How can you prevent devaluing your trademark in this way? Ensure using your trademark protection for generic products or services that you are selling or planning to sell. Consider developing your marketing strategy based on the comparisons like – Kleenex® is the softest versus Kleenex® facial tissues are the softest. Avoid using your trademark in plural form instead of singular if it has been registered as a singular term.

5.     Fight Against Competitors

The aim behind developing a powerful trademark strategy is to make sure that your brand is the only one that makes profits on the goodwill and reputation you have created. To prohibit trademark infringement, you need to notify others regarding your trademark rights in as many as possible instances. For instance, if your trademark is registered, then you should showcase your trademarked term with ®. On the other hand, if it not registered, still you should mark it with TM symbol often put in superscript to notify others that you’re using the relevant symbol, word, or other as a trademark.

Wrapping Up

The precise trademark strategy can create goodwill and reputation that will uplift your brand from better to the best. Don’t forget that careful consideration and execution of an appropriate trademark strategy is not just beneficial but also essential to shaping consumer perception of your business’ products and services.

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Challenges To Solutions In Patenting IoT Technology

The Internet of Things shortened as IoT refers to a network of computer-based gadgets, physical devices, appliances, and all the items that are deployed together with actuators, sensors, electronics, and software to enhance the collection, connection, and data exchange. As a platform that offers opportunities to connect and control different types of devices with big data technology, which in turn improves performance, promotes economic benefits and minimizes the need for human intervention, IoT is the most important achievement of the 21st century. Considering the path IoT covered so far, it is predicted that the continuously growing technology would bring remarkable changes in not just the way we work but also the way we live. Now, as everyone wants to make profits by implementing this modern technology, the market revolving around it is turning more competitive and vulnerable day-by-day. One of the most common concerns that this vast technology, having its applications in almost every area, including transportation, healthcare, etc., faces is issues in patent-related activities.

Patenting of IoT

Although the patent distribution in the IoT domain is very fragmented, the bulk of activities related to patent regularly takes place in this domain. For instance, several branded companies, like LG Electronics, Ericsson, and Qualcomm, along with various other firms, stay active in enhancing their patent portfolio. Moreover, if considered from the nations’ perspective, then multiple countries, including the US, Japan, China, Korea, India, etc., are experiencing a remarkable hike in the number of patent filings made by their residents in regards to IoT technology. With a large number of firms and nations investing highly in patenting IoT technology, it would not at all be wrong to infer that IoT is flourishing as a hotbed of inventions. Indeed, securing innovations associated with IoT under Patent Protection isn’t easy. Individuals or firms innovating and operating in the IoT domain often encounter several challenges that prevent them from patenting their IoT inventions appropriately.

Challenges in Patenting IoT and Solutions to Them

1.     Claim Scope

As IoT systems refer to multiple devices functioning together, there are many different approaches with which the specific invention can be claimed in a Patent Application, for example:

• Device or gadgets claims that comprise the IoT components
• Method claims that consider how the IoT device operates, functions, or communicates with each other
• Software-styled claims that emphasize software-implemented procedures and methods used by the remote server to communicate with the IoT devices

Though available with lots of options yet the inventors often keep their patent applications limited to only one or two claims due to cost factors and complexities.

To get a solution to this challenge, you need to understand the patentability requirements, be aware of the cost for obtaining a patent, and be familiar with the proposition from the innovation. Moreover, find out the answers to some questions like what is the working model of your business, which part of your invention is novel, who can infringe your idea. It will help you in getting the most suitable claim type for your IoT invention deprived of investing in unwanted claims.

2.     Joint or Divided Infringement

IoT technology is interactive, and therefore, can be used at multiple different locations. Although beneficial, this feature turns the IoT devices more vulnerable to Patent Infringement as it allows multiple parties to violate the inventors’ patent rights. Furthermore, everyone who infringes on the IoT system can do so in two ways – he/she can use the entire IoT device or only its parts, i.e., components. In the case of divided infringement, people often confuse whether there is a liability if the infringement splits amongst multiple actors, parties, and devices. As per the Patent Law‘s rules, the violation liability is likely if the patent infringement involves the participation of various parties. It is also possible if a single defendant exercises ‘control of direction’ for the entire process in a manner that each step is attributable to the ruling party.

A solution in regards to this challenge can be obtained by drafting claims from the viewpoint of just one component existing in the IoT system. Nevertheless, due to continually changing trends and doubts regarding patent eligibility of inventions, it appears a bit difficult for the individuals or companies to draft such claims. If it is so, then you should claim only those components that are more susceptible to be operated or sold by others without your consent.

As mentioned above, IoT facilitates the world with numerous opportunities by allowing the easy and direct combination of the physical world with computer-based systems. It is the trendiest way to improve efficiency and economic benefits, along with reducing human involvement. And patenting IoT is the best way to extract more and more benefits from this technology while keeping your invention out of the reach of infringers.

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EU And China Agree On Geographical Indication Protection For 200 Products

The European Union (EU) and China have recently concluded talks on a bilateral agreement for the protection of 100 European Geographical Indications (GIs) in China and 100 Chinese GIs in the EU.

The agreement aims to increase the demand for high-quality products and generate trade benefits in both the EU and China.

The list of EU products that would be GI protected in China includes Cava, Feta, Irish whiskey, Champagne, Munchener Bier, Polska Wodka, Ouzo, Queso Manchego, and Prosciutto di Parma. The Chinese products that will have Geographical Indication Protection in the EU cover Pixian Dou Ban, Anji Bai Cha, Panjin Da Mi, and Anqiu Da Jiang.

China’s Ministry of Commerce on 7^th November 2019 said that this bilateral agreement amid the EU and China on GI is of milestone significance in regards to strengthening China-EU economic and trade cooperation. The spokesperson for the ministry – Gao Feng announced that GI is a name or sign used on products having a specific geographical origin and possess reputation or qualities that are due to that origin. This agreement is expected not only to prohibit counterfeiting of GI products but also to enable consumers to get high-quality items. It has likewise provided a robust guarantee for Chinese stocks to enter the EU market and improve their brand awareness there and worldwide, he added.

Gao continued by saying that with this agreement, Chinese products will have the right to use the EU’s official certification mark, thus making it easier for firms to export relevant items to Europe. At the same time, the agreement will aid in alleviating China’s poverty as some of the Chinese GI products originate from underdeveloped areas in the nation. China and the EU are willing to work together to implement the GI agreement, promote bilateral economic and trade cooperation, and improve the well-being of the residents on both sides, he added.

Meanwhile, China also rests with a well-established GI system having specialties that European consumers can discover now. With EU agri-food exports that reached €12.8bn in the last year, China has become the second-largest country for EU agri-food exports. Besides, due to the continuously growing middle-class demand for high-quality, genuine, and iconic European products, the Chinese market is a remarkably profitable platform for European food and drinks.

Phil Hogan, European Commissioner for Agriculture and Rural Development, said that the European GI products are famous for their quality across the world. Trusting the origin and genuineness of these products, consumers never mind paying the higher prices, while additionally rewarding the farmers. This recent agreement shows their commitment and willingness to work with their global trading partners like China. It is a win that will benefit both the parties by strengthening the trading relationship, benefitting the agricultural and food sectors, and profiting consumers on both sides.

At last, it is expected that the agreement will now have to face legal scrutiny, with predictions that it will come into force before the end of 2020. For more visit: https://www.trademarkmaldives.com

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Backcountry Faces Customer Scrutiny Over Trademark Lawsuits

Backcountry, the enormous online outdoor retailer supporting backcountry.com that has known as Utah home for the last 23 years, is suffering from a flood of criticism as word spreads about the online website moved to sue dozens of smaller outdoor brands and sellers for using the word “Backcountry” in their name or product description.

Backcountry, which first got the word trademarked in 2004, has filed some additional Trademark Applications emphasizing the usage of the term in the intervening years. And then, it has launched a legal invasion against around 50 different defendants listed in a publicly available document from the United States Patent and Trademark Office (USPTO).

So far the companies being sued over Trademark Infringement have ranged from an independent ski manufacturer – Snapperhead Inventions/Marquette Backcountry – for their Marquette Backcountry Ski, which is being sold under the term since 2010 to Backcountry Babes, an avalanche safety course instructor and jean manufacturer Backcountry Denim Co., known as BDCo. Although some companies like Backcountry Babes have already settled the matter with Backcountry.com, others such as Marquette Backcountry are gearing up for legal battle.

The lawsuit details that Backcountry requests exemplary and punitive damages in the form of amount enough to punish and deter defendants, along with setting an example for them as well as others. Now, after engaging in such a legal dispute, Backcountry is unlikely to end the chaos with a sympathetic public image. Complicating things is the fact “Backcountry” has been in common usage for nearly a decade before the firm’s founding, and many people feel it is unfair for a company to try or secure exclusive rights to the common word. As a result, the #boycottbackcountry has been spreading rapidly throughout the internet, especially social media, with almost every individual from potential consumers to professional athletes speaking against Backcountry.

A Utah-based trademark and Patent Attorney asked people to remain anonymous to evade any professional backlash. The attorney said that considering a few initial research and without being familiar with all the facts of the lawsuit, it looks like the company is trying to strengthen its trademark by not letting others use it. If firms don’t enforce their mark, there’s always a chance that it could later turn enforceable. Everybody should think of a trademark as a weapon instead of a shield. It further added that some specific rules should be made for generic terms, and these must not be secured under trademarks. Backcountry’s Trademark Registration in the year 2004 states that it was for mail-order services, computerized retail services, retail store services, but since then, it has expanded a lot.

John H.Kim was the individual who applied for the trademark on behalf of Backcountry in 2018. Backcountry hasn’t responded to several requests revolving around the issue. As considered now, the firm is forging ahead with multiple branded items that could have remarkable implications for other members going forward in the industry. Note that Backcountry has yet to comment publicly on the dispute. For more visit: https://www.trademarkmaldives.com

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