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Intellectual Property Rights

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    Intellectual Property Rights

    Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the "intellectual property." There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets. 

    Intellectual property rights are customarily divided into two main areas:

    (i) Copyright and rights related to copyright.

    The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author.

    Also protected through copyright and related (sometimes referred to as “neighbouring”) rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage and reward creative work.

    (ii) Industrial property

    Industrial property can usefully be divided into two main areas:

    1. One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin).
    2. The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive.
    3. Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets.
    4. The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities.
    5. A functioning intellectual property regime should also facilitate the transfer of technology in the form of foreign direct investment, joint ventures and licensing.
    6. The protection is usually given for a finite term (typically 20 years in the case of patents).


    While the basic social objectives of intellectual property protection are as outlined above, it should also be noted that the exclusive rights given are generally subject to a number of limitations and exceptions, aimed at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users.

    In Bangladesh Intellectual Property rights are dealt by The Trade Mark Act-1940, The Revised Trade Mark Rules-1963, The Trade Mark (Invalidation & Summery Registration) Act-1950, The Trade Mark (Invalidation & Summery Registration) Rules-1950, The Patents & Designs Act-1911, The Merchandise Marks Act-1889, Copyright Ain-2000, The Pure Food Ordinance-1959 and decision of the Apex Court passed on particular case of these kinds. Beside in High Court Rules and Orders there is special rules in this behalf under Volume-V, Chapter-17 Part (E). Wherein Rules made by the High Court Rules and Orders under section 17 of the Trade Marks Act (V of 1940).

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