All rights reserved?
One of the earliest origins of intellectual property (IP) can be traced back to 500 BCE when the Greek city of Sybaris (in what is now southern Italy) granted its citizens exclusive rights for one year for "any new refinement in luxury, the profits arising from which were secured to the inventor by patent". But it wasn't until medieval Europe that a landmark piece of legislation, the Statute of Monopolies, enacted in 1623, became the first statutory expression of English patent law granting the author or inventor their ownership rights. Almost ninety years later, in 1710, the Statute of Anne passed by the Parliament of Great Britain became the first copyright Act in the world. In 1883, the Paris Convention, one of the first international IP treaties, was adopted, allowing inventors to protect their innovations if they were being used in other countries; the Berne Convention of 1886, an international agreement governing copyright, led to the protection of all forms of written expression such as songs, paintings, operas, etc; and in 1891, through the Madrid Agreement, trademarks began to enjoy protection in an international level.
What is IP? It refers to the creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Today, in the era of globalisation, intellectual property rights (IPRs) have come to play an extremely important role in the economic, social and technological development of any country. As world economies become increasingly interdependent IPRs are crucial for fostering innovation and creativity, ensuring material reward for intellectual property and availability of genuine and original products, and providing a revenue stream for individuals and businesses.
Advocate Delwar Hossain, a patent attorney at the Advocates IP Law Alliance, has two words to describe the current state of IPRs in Bangladesh: not good. According to him, violation of IPRs is rampant in various sectors and continues unabated as authorities simply turn a blind eye to such crimes. Bangladesh is a signatory to various international treaties and conventions such as the Berne Convention, Paris Convention, and WTO's TRIPS Agreement. Some of the main national IP laws are Trademarks Act (2009), Copyright Act (2000), and Patents and Designs Act (1911) whose implementation is almost non-existent.
"Counterfeiting of products such as shoes, electronic goods, and medicines is commonplace. Many lifesaving medicines such as insulin are produced by local pharmaceutical companies and sold in genuine pharmacies around the country. What you saw in Mitford is a clear example of large-scale local counterfeiting. Only when there was international pressure on the Bangladesh government did the police launch a drive on these factories producing fake medicines," says Hossain. In 2013, RAB, Directorate General of Drug Administration and Bangladesh Standards and Testing Institution jointly launched a drive against the sale of illegal and unauthorised medicine in the country's largest wholesale medicine market in Mitford – known as the "hub of counterfeit medicine" – and seized some USD 640,000 worth of fake medicine.
Hossain says that everything from food products, books, A4 paper to even the ink used in printers is illegally sold under renowned brand names. Counterfeit goods have infiltrated almost every sector and violations of trademarks and copyrights continue to prevail at an alarmingly high level despite law enforcement officials having knowledge of such illegal activities, according to Hossain.
A cursory Google search of IPRs in Bangladesh shows results of news reports, think pieces and research studies on the poor state of IPRs in the country and concludes that one of the key problems is the weak enforcement of laws that are in place. While most of the focus has been on the widespread violation of copyrights and trademarks within the country (and justifiably so), practically speaking, there is very little likelihood of things getting better. In a developing country like ours, counterfeit goods (with the exception of life-threatening ones like substandard medicine) are preferred by the majority of the population due to their affordability. One thing that hasn't been said enough (or at all) is what we can do to promote and protect our goods under the Geographical Indication (GI) category of IP. GI is used on products that possess certain qualities or enjoy a reputation attributable to their geographical origin.
In November last year, Bangladesh reached a milestone when Dhakai Jamdani received registration as the country's first GI product. GI registration of Dhakai Jamdani gave formal recognition to a product that has been weaved in Dhaka district going back centuries. Previously declared as an Intangible Cultural Heritage of Humanity by UNESCO, GI registration of Jamdani was a major step forward for the sector – where some 68,000 people are either directly or indirectly involved – as it would now let weavers brand their product better both at home and abroad and charge competitive prices.
Among the various categories of IP – copyright, patents, trademarks, industrial designs, and GI – the most pragmatic option for us would be to focus immediate attention to the latter due to the whole range of local products that have the potential to obtain GI registration. Products that enjoy popularity due to their geographical location usually don't have a corporate tag to brand themselves under, and this is where GI registration comes in. Industries Minister Amir Hossain Amu has said that the process to recognise Hilsa as a GI product is already underway. Fazli mangoes, Rajshahi silk, nakshi kantha, sathranji, and various other products can also capitalise on GI recognition. This would give our farmers and workers rights of control over their product, raising their competitiveness in the global market by a huge margin.
The writer is a member of the editorial team, The Daily Star.
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