Sunday, March 16, 2014

GI Act and Branding Bangladesh





GI Act and Branding Bangladesh

Background of the Assignment:
Few years ago intellectual property only meant invention. Exclusive right over that invention was awarded to that inventor institution or person. To encourage creative activity and to promote the protection of intellectual property throughout the world were aimed in creating WIPO. But now WIPO has started pressurizing its member states for making Geographical Indication (GI) Act. GI Act gives opportunity to its member states to register their GI product and claim protection from rest of the world. Bangladesh has some GI products which open the door to Brand Bangladesh.


Proposed Assignment Question(s):
1.      What is GI Act?
        Geographical indication system enables the registered holder is the authorized person to make and export indicating its geographical indication name. Any other person has to take permission to make it and pay a royalty fee to export that product. GI works in three cases namely agricultural produce, natural produce and handicraft or industrial produce of a particular geographical area. World Intellectual Property Organization(WIPO) has instructed to all its member states to make GI Act to get the benefit GI product benefit.
2.      Is there any GI Act in Bangladesh?
       Draft Geographical Indication Act 2011 has been made in Bangladesh. The bill has not yet been submitted to the parliament to have passed. WIPO is pressurizing its member countries to pass Geographical Indication Act in each of its member countries. Bangladesh has been given time to pass the Act within 2015. But the minister of commerce and industries says that the ministry will apply for extension of time.
3.      Why GI Act in Bangladesh is relevant?
      Enacting GI Act will enable Bangladesh to register GI product and thereby claim of its protection against the whole world.
4.      Mention the Summary of the draft Article.
         Draft GI Act shall come into force in the whole of Bangladesh. Government may establish one or more branch office in different region of Bangladesh. Application for GI Act can be made to the register and other persons have the opportunity to make it contradict.  
5.      Is there any pressure for the legislation of GI Act?
      WIPO has taken the initiative to evaluate different products which have geographical importance. The member countries have to make GI Act to take advantages of exporting these products. Registered products only can be familiar to others on their GI name.
6.      How Bangladesh will get advantage by making GI Act?
          By making and thereby registering the GI products Bangladesh can brand its products to the whole world in its own name. For example we have Hilsha fish of Padma, when Hilsha of Padma is registered no one Bangladesh can export Hilsha of Padma.
7.      What does branding mean?
      Making a product or service familiar to others in a particular name and everywhere calling it in its branded name. Bangladesh has started of branding Bangladesh in the name of `Beautiful Bangladesh` and `bd` marks is used in short.
8.      Branding in Bangladesh
      Bangladesh has started manufacturing and exporting its products in the name of ‘Made in Bangladesh’.  As a country it has started branding in the name of Beautiful Bangladesh. In short ‘bd’ marks is used.
9.      Why GI Act needed for Branding Bangladesh?
       WIPO members can brand its GI products only after making GI Act and thereby approved by WIPO. So, for Branding Bangladesh with its own GI products Bangladesh needs GI Act.


Brief Outline of the Assignment:
     WIPO is pressurizing all its members to make GI Act. Some countries have already made their GI Act. Bangladesh has also made a draft copy of GI Act but not yet passed as an Act. The ministry of Industry sought people’s opinion regarding this Act through its website. But the ministry has some lacking to make the exporters aware about the matter at the same time to pass the Act within expected time.
      Geographical indication system enables the registered holder is the authorized person to make and export indicating its geographical indication name. Any other person has to take permission to make it and pay a royalty fee to export that product. GI works in three cases namely agricultural produce, natural produce and handicraft or industrial produce of a particular geographical area.
      Some Organizations like FBCCI, Build Better Bangladesh are working to have GI protection different Bangladeshi Products. When the draft Act will be passed and GI protection allowed for Bangladesh then Branding Bangladesh will see its legal framework. Branding products exclusively ‘Bangladeshi product’ will bring exclusive right in International market.

Indicative Bibliography:
  1. Department of Patents, Designs and Trademarks.htm website.
  2. WIPO website- WIPO GOLD.htm
  3. Draft GI Act,2011.
  4. Website of FBCCI.
  5. Website of Build Better Bangladesh.
  6.  

Signature of the Student with Date:

Signature of the Course Teacher with Comments (if any):
(A copy of this form duly signed by the Course Teacher MUST be attached to the
Assignment when submitted)

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