Practice Areas

IP Litigation

There are three kinds of remedies against infringement of Intellectual Property (IP), namely:

1. Civil remedies - Civil suits provide a remedy for claiming compensation for infringement of Intellectual Property rights (IPR) and loss of profits as well. The owner of the IP can bring a civil action in which reliefs an injunction, accounts and damages can be sought. A suit or other civil proceedings relating to infringement of IP is to be filed in the Court of District Judge, within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant.

2. Criminal remedies - Criminal remedies provides for the imprisonment of the accused or imposition of fine or both, seizure of infringing goods/product etc. Criminal proceedings are available in order to punish the persons who have violated the law. The infringement of IP is a cognizable offense and is punishable with imprisonment for a period extending from six months to four 15 years and a fine ranging different amount of money as per several IP laws in Bangladesh. The Act also provides for seizure of infringing products/goods and confiscation of all duplicating types of equipment used for manufacturing counterfeit product. However, if the court satisfied that infringement is committed without having an intention for profit or non-commercial purpose, the court may give a lesser punishment and lesser fine as well.

3. Administrative remedies - Administrative remedies consist of moving to the Registrar of concerned Governmental Departments to ban the import of infringing product into Bangladesh when the infringement is by way of such importation and the delivery of the confiscated infringing product to the owner of the product.

Patents- Under the Patents and Designs Act,1911 the remedy is available in form of an injunction, delivering up of infringed patented product, damages for an account of the profits. Besides, certain acts of infringement have been made punishable offenses to be judged by criminal courts.

Designs- the Patents and Designs Act, 1911 provides civil remedies for the infringement of the copyright of a registered design.

For further details, please contact our office.

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