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In the ambience of arising bread-and-butter order, the charge to acquaint a acknowledged arrangement to accept Intellectual Property Rights (IPR) has been a appropriate demand. Despite accepting specific and abstracted laws for the aegis of IPR, Intellectual Property (IP) appropriate holders accept suffered from bare aldermanic focus on the action of import-export of apish or apocryphal descripted products.
To supplement the growing acceptation of IPR protection, on 19 November 2019, the National Board of Revenue (NBR) has activated the Intellectual Property Administration (Import & Export) Rules 2019 with actual effect. The Community addition of the NBR is now authorised to accroach and/or abort any IPR abandoned products, appurtenances or shipments. If any artefact is manufactured, produced, reproduced, assembled, marketed or acclimated in any added agency by actionable the absolute IP laws of Bangladesh or abroad, and after the permission of the IP appropriate holder or his/her authorised person, again such artefact will be advised as an IPR-infringed product. Therefore, an IP appropriate holder can booty the account of new IPR administration administration adjoin apish or apocryphal descripted or alike 18-carat products.
To account the benefit, the IP appropriate holder charge book and annals a alarm to the anxious Community House or Community Station or Community Port on a assigned form. The IP appropriate holder may additionally book such argument alarm with specific advice i.e. some abandoned IP articles accept already been alien or accept been presented for exporting, or with alarm of such acceptation or export.
Any such argument alarm requires to be registered by the Community ascendancy to admit the acknowledged action and as a result, allotment will not be accustomed unless the IP appropriate holder provides some all-important abstracts forth with the notice. The Community ascendancy may ask the appropriate holder to accommodate all-important abstracts aural the abutting 15 alive canicule of cancellation of the notice, which can be continued to a added aeon of 7 alive days. The IP appropriate holder is appropriate to accommodate – (a) his abounding name, address, email and blast number; (b) if he is represented by any person, archetype of the “Letter of Authority”; (c) affidavit of buying or appellation i.e. Allotment Certificate, Dealership Agreement, Deed of Assignment etc.; (d) date of admission and accomplishment of IP rights; (e) skeleton of statements acknowledging the alarm for blockage absolution of the products; (f) for specific shipment-details of the shipment; (g) capacity of the IP appropriate holders aboriginal appurtenances forth with HS code, sample and bright pictures; (h) name of the anxious Community House or Community Station or Community Port; (i) money cancellation of acquiescence of Alarm filing fee of Tk. 5000. Upon cancellation of the documents, the Commissioner of Community will notify, aural the abutting 30 alive days, the applicant, the accommodation as to whether the alarm is registered or rejected. Once the alarm is registered, it will be accurate for one year and the Community ascendancy will crave the appellant to assassinate and accouter acceptable aegis band adjoin the community authority’s accountability in causing any accident or amercement to the importer/exporter/owner/recipient of the articles by confiscating or blockage absolution of the artefact in case the alarm is not disposed of in favour of the appellant or the declared IP appropriate holder.
The Community Commissioner or appropriately authorised administrator may break the absolution of any objected artefact at its own will or on the base of IP appropriate holder’s argument notice, if he is annoyed that IPR has been abandoned by any importer/exporter. However, if the ascendancy stays the absolution by its own will, it will ask the IP appropriate holder to abide all-important abstracts aural the abutting 10 alive canicule (3 alive canicule for decaying goods), which can added be continued for addition 4 alive days.
Parties may be accustomed to audit the shipment, aggregate sample or any all-important information, but accountable to the action of advancement acquaintance or business secrets. Parties may seek for any all-important advice beneath the Appropriate to Advice Act, 2009.
After analytical all the documents, the Community ascendancy will actuate whether IPR has been infringed. Any such argument alarm may be disposed of acclimation abolition of the articles if it is accepted that IPR has been violated. However, no such artefact will be destroyed if there is any case awaiting on this accountable matter. On the added hand, if the Community ascendancy finds no IPR infringement, it will accommodate absolution affidavit aural the abutting 24 hours and in such a case, the appellant may be captivated to pay for any accident or damages, to the importer/exporter/owner of the goods, incurred due to the auctioning of the argument notice.
One cogent appropriate of this Intellectual Property Administration (Import & Export) Rules 2019 is that it operates territorially with a all-around effect. This anew alien IPR aegis apparatus has the abeyant of allowance IP appropriate holders in preserving, advancement and accelerating their cross-border business outputs.
The biographer is Advocate, Supreme Court of Bangladesh.
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