You founded the Bangladesh Intellectual Property Forum in 2011. In your view how impactful Bangladesh IP Forum’s works have been in terms of creating IPR awareness and capacity building?
ANSWER: Back in 2011 when we started, we used a lot of experience for retaliation and also indifferences from stakeholders. Intellectual Property Right was just a mere expression. Intellectual Property Rights were taken for granted. 11 years down the line we now see a remarkable improvement for intellectual property across all sectors, be it government offices or creative fraternity or innovative industries or end users of intellectual property. The level of awareness, understanding and appreciation about intellectual property has evolved in many facets. The current government has strengthened the intellectual property’s legal framework that now allows wider array of protection to intellectual property owners. Numbers of cases seeking justice for intellectual property protection has noticeably increased. On the flipside, we see a whole new breed of entrepreneurs, i.e., startups, venturing businesses stemming simply from an idea or technology (intellectual property) has emerged. These illustrates a complete positive outlook of development of intellectual property regime in Bangladesh, and we (Bangladesh IP Forum) take pride to have been able to be a part of the gratifying journey.
How do you think intellectual property can help in branding Bangladesh to rest of the world?
ANSWER: Ample number of intellectual properties, i.e., brands, trademarks, GI products, originated in Bangladesh that have the potential to compete and conquer the global marketplace. We need to take our homegrown intellectual properties beyond borders, and if we do, they will signify Bangladesh to rest of the world. Citizens from rest of the world will discover Bangladesh through the brands we have created, and that would be the most desired branding for Bangladesh
As a lawyer you have helped number of well-known and market-leading international brands for their brand protection in Bangladesh. How would you evaluate the state and practice of brand protection followed in Bangladesh?
ANSWER: Brand protection is an expression that has many aspects. Protecting brands through registration is the first but not the lone aspect. Monitoring to avoid possible infringements and enforcement against infringements are integral parts that brand or intellectual property owners must be mindful of. In a country like Bangladesh where our law enforcement authorities have many priorities, and judiciary system is plunged with huge numbers of backlog cases, brand protection activities are estimated to be rather challenging. However, my recollection of the brand protection and enforcement stints that I have been involved into is quite pleasant that makes me see the glass half full. Precisely, law enforcement agencies, i.e., RAB, Police, and other government regulatory agencies are now more welcoming and accommodating. Judiciary too is more equipped than ever before.
People perceive intellectual property as a barrier to access to essential lifesaving drugs. How do you see this, especially during the outbreak of COVID-19 pandemic?
ANSWER: Intellectual property advances the society and drives economic growth. Drugs or medicines are intellectual properties that enjoys patent, trade secret and trademark protections. Invention of a drug or medicine requires a lot of R&D, thus comes at a very high cost, and therefore the inventor of a drug or medicine needs to be incentivized and compensated economically, which drives the cost of lifesavings drugs or medicines very high that many of us cannot or struggle to afford. However, one of the beauties of intellectual property lies in the provision of ‘compulsory licensing’, which allows companies to manufacture lifesaving patented drugs at an affordable price, subject to taking permission or license form the government. Besides, under the TRIPS Agreement least developed countries are exempted from enforcing patent rights, which allows pharmaceutical and life science companies to manufacture generic and lifesaving drugs without obtaining license from patent owners and thus keep the price of the drugs or medicine low. Vaccines invented for the treatment of COVID-19 were distributed throughout the world under the same principle and the entire humankind were served for a cause. Nothing but intellectual property saw us through the COVID-19 pandemic.
How do you see intellectual property being used as a catalyst for Bangladesh’s long-term economic growth?
ANSWER: All the developed economies and nations that we see around the world mostly resorted to the charisma of intellectual property and its benefits to cruise through their country’s economic growth and development. Intellectual property or innovation generates new employments. Generating new employments accelerates GDP growth. An emerging economy like Bangladesh should embrace intellectual property as its catalyst to achieve long-term economic growth. A country with an effective and strong intellectual property regime is a favorite destination for foreign investors. Foreign investments increase in foreign currency reserves, brings new skillsets and generates new employments. Increased foreign investment accelerates economic growth. Building a robust intellectual property regime and eco-system in Bangladesh that will help us in many ways including by placing our brands in the global marketplace and earn revenue, and by attracting foreign investors to do business in Bangladesh and contribute to our economic growth.
How do you think your presence and association can help the music industry in Bangladesh to overcome the long-drawn-out challenges and issues of copyright law?
ANSWER: Music industry in Bangladesh has come a long way. Undeniably, music industry in Bangladesh has a huge potential, which remained mostly unachieved. Journey towards achieving a collective goal is always rewarding than fulfilling individual needs and wishes. Making the collective management organizations fully functional remains as the key to navigate through the long-drawn-out challenges and issues of copyright law and to reach to a juncture from where collection and distribution of royalties can finally take off.
The recent sanctions imposed by the Government of USA – can intellectual property play a role to make us look better?
ANSWER: Enforcing intellectual property rights has always been a challenge in Bangladesh. Trading of counterfeit and parallel imported goods or products is rampant which frustrates the interests of multinational companies and brands doing business in Bangladesh. On the other hand, world’s renowned fashion and apparel brands manufacture their goods in Bangladesh through various garments manufacturing companies. Counterfeits of renowned fashion and apparel brands are regularly found to be exported from Bangladesh, which is likely to disappoint the original intellectual property or brand owners. It needs to be taken into account that majority of the multinational companies and well-known brands are either originated in USA or have strong ties with USA. Law enforcement agencies, i.e., RAB, Police, and other relevant government bodies, i.e., NBR, Customs, Home Ministry, in Bangladesh may prioritize intellectual property enforcement and brand protection measures and take proactive steps to control imports, exports and trading of counterfeit goods in Bangladesh, which will portray a positive image of Bangladesh and create an identity for Bangladesh as an IPR friendly nation. Otherwise, our reluctance and indifference for intellectual property enforcement and brand protection could be detrimental to our future growth, and we might experience broader sanctions from other countries and development partners. Intellectual property therefore can play a vital role to make us look better, and we need to make it happen before it’s too late.
