US embassy cable - 05DHAKA2367

UNCLAS SECTION 01 OF 02 DHAKA 002367 
 
SIPDIS 
 
COMMERCE FOR ADINA ADLER 
COMMERCE FOR BRYAN LOPP 
USPTO FOR TIMOTHY BROWNING 
STATE PASS TO USTR 
 
E.O. 12958: N/A 
TAGS: KIPR, ECON, ETRD, BG 
SUBJECT: BDG PASSES COPYRIGHT LAW, LONG ROAD AHEAD 
 
 
1.    Summary: The BDG passed the Copyright Act of 2005 to 
comply with WIPO standards.  Although an important milestone, 
implementing regulations are not yet drafted.  The 2005 
Patent and Design Act is in the clearance process in the Law 
Ministry and the Trademark Law is expected to be sent for 
Cabinet review soon.  Enforcement of IPR laws remains 
problematic.  Post is planning a 2-day IPR event in July to 
address training and awareness issues.  End Summary. 
 
2.    The Copyright Act of 2005 passed easily in Parliament 
on May 15.  Drafted to comply with WIPO requirements, it 
replaces the non-compliant Copyright Act of 2000.  The BDG 
must still draft implementing regulations, a process expected 
to take two to three years. 
 
3.    The draft Trademark Law has been cleared by the Law 
Commission and is ready for Cabinet review, after which it 
will be sent to Parliament.  The Deputy Registrar of the 
trademark office expects Parliament to pass the law by 
September. 
 
4.    The draft Patent Act is currently under review by the 
Law Commission.  The Law Ministry and then the Cabinet must 
clear the draft before it is sent to Parliament.  The PDTO 
Registrar predicts passage by November. 
 
5.    Violations of copyright, patents, and trademarks are 
commonplace, yet enforcement of IPR laws generally remains 
problematic.  BDG officials lack technical knowledge and 
training in IPR protection and enforcement techniques. 
 
6.    Officials in the Copyright Office, within the Ministry 
of Cultural Affairs, tell us that they are ill equipped to 
handle the registration and enforcement process.  They are 
severely understaffed: 14 low level clerks support the lone 
substantive official.  The BDG approved only four of 33 
requested positions, and even these remain unfilled.  Lack of 
office space, equipment, officers, and training remain key 
problems.  WIPO provided computers and necessary equipment 
for the Copyright Office, but according to the Registrar, 
employees were not trained to use the equipment. 
 
7.    The BDG merged the Patent Office with the Design and 
Trademark Office in 2004 to streamline the process of 
registration and enforcement.  The new Patent, Design, and 
Trademark Office (PDTO) is part of the Ministry of 
Industries.  Senior officials in the Ministry and in the PDTO 
admit that they lack the necessary training and knowledge to 
handle patent and trademark protection.  The Minister of 
Information, Motiur Rahman Nizami, said in an IPR conference 
in early May that he learned more about IPR in the two hour 
conference than he had in his three years in office.  Working 
level officials also admit they lack technical and 
substantive skills. 
 
8.    The PDTO has 5 registrars and 81 employees.  The BDG 
has allocated another 31 positions to this office, which it 
has yet to fill.  WIPO and the EU provided computers and 
automation equipment for the PDTO; however, the staff does 
not have adequate training to operate the equipment. 
According to the Registrar, 90 percent of patent 
registrations are from foreign companies and they do not 
receive many complaints of violations. 
 
9.    The trademark office within the PDTO also uses WIPO 
equipment and computers, but the Registrar stressed the need 
for training.  Complaints regarding trademark violations are 
frequent.  Post has received complaints from several American 
companies, including Coca Cola, Walmart, Kelvinator, A&E 
(plastic products manufacturers) and Microsoft.  Recently, 
Post uncovered a local supermarket, named PriceClub, 
illegally using the Costco, Sam's Club, PriceClub and Walmart 
logos in its advertising and in the store display.  We have 
notified all American companies involved about this incident. 
 Local enforcement mechanisms are weak.  Police raids and 
arrests occur occasionally, but violators are released with 
minor penalties. 
 
10.   To address awareness and training needs, Post is 
organizing, with the USPTO, a 2-day IPR event in Bangladesh 
in July.  PTO trainers will hold seminars with specific 
groups on separate issues like software copyright protection, 
patent and trademark protection, enforcement mechanisms, and 
counterfeiting and brand protection.  The target groups will 
include academics, IPR lawyers, government procurement 
officials, manufacturers, ICT groups, chambers of commerce, 
and enforcement officials from relevant agencies.  The event 
will include a press conference with local celebrities to 
bring public awareness to these issues.  Post expects this 
event to be the first step in raising awareness and providing 
further training and capacity building in IPR enforcement in 
Bangladesh. 
THOMAS