Geographical Indications Law in Bangladesh

Bangladesh's legal framework for the protection of Geographical Indications (GIs) is established through the Geographical Indications of Goods (Registration and Protection) Act, 2013 (Act No. LIV of 2013). This legislation aligns with the country's obligations under the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

🏛️ Legal Framework

The Department of Patents, Designs and Trademarks (DPDT), under the Ministry of Industries, is the primary authority responsible for the administration of the GI Act. The Act defines a GI as a sign used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location. It encompasses agricultural, natural, and manufactured goods, including foodstuffs

📋 Registration Process

The registration process involves several key steps:

Application Submission: Producers or associations representing producers must submit an application to the DPDT, detailing the geographical area, product characteristics, and production methods.(

Examination: The DPDT examines the application to ensure compliance with the Act's provisions

Publication: If the application meets the requirements, it is published for public notice.

Objection Handling: Stakeholders may file objections within a specified period. The DPDT addresses these objections before proceeding.

Registration: Upon successful completion of the process, the GI is registered, granting exclusive rights to authorized users.

The Act also allows for the registration of authorized users who are producers, processors, or traders within the specified geographical area.

🛡️ Protection and Enforcement

Registered GIs are protected against misuse, including unauthorized use of the GI by non-authorized entities. The Act provides mechanisms for enforcement, including legal actions against infringement. It also addresses the issue of homonymous GIs—those that are similar in name but originate from different regions—by establishing guidelines to resolve potential conflicts.

🌾 Notable GI Products

Since the enactment of the GI Act, several products have been granted GI status, including:

Jamdani Saree: A traditional handwoven textile from Dhaka, recognized as the first GI product of Bangladesh in 2016.

Hilsa Fish: A renowned fish species from the Padma River, registered in 2017.

Khirsapat Mango: A distinct mango variety from Chapainawabganj, registered in 2019.

Madhupur Pineapple: An organically cultivated pineapple from Tangail, registered in 2024.

These registrations have not only helped preserve traditional products but also enhanced their marketability both domestically and internationally.

⚠️ Challenges and Considerations

Despite the legal framework, challenges persist in the effective implementation of the GI Act. For instance, the application for the GI status of Sundarbans Honey, filed in 2017, has yet to be processed, leading to concerns about administrative delays and the potential loss of traditional knowledge. Additionally, the coexistence of similar GIs in neighboring countries, such as the Tangail Saree, has led to disputes over the rightful ownership of traditional products.

📌 Conclusion

Bangladesh's GI Act provides a structured approach to protecting and promoting products with unique geographical identities. While progress has been made, ongoing efforts are needed to streamline the registration process, address administrative bottlenecks, and resolve international disputes to fully realize the potential of GIs in preserving cultural heritage and enhancing economic development.

 

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