Geographical indication of goods act, 2013
Definitions (Sec.2)
1. Producer:
According to the section 2(3),
Any person who produces something for sale or other commercial purposes is
referred to as a producer. Such as;
a. creating a product from agriculture;
b. allowing use of natural resources;
c. produces handicraft or industrial products; and
d. engages in the business of producing, exploiting, making, or selling the
aforementioned goods;
2. Geographical indication of goods:
A geographical indication (GI) is a sign used in goods with a geographical
origin and a reputation or qualities due to that source. A sign shall mark a
commodity that originates in a given place in order to act as a GI.
Moreover, the quality, features or popularity of the product should be
mainly attributed to the place of origin. Since the characteristics depend on the
location of manufacture, a direct connection exists between the product and its
initial position.
According to the section 2(9),
Geographic indication of goods' means the geographical indication of
commodities agricultural, natural or manufactured that identify its country or
territory of origin, or a region or localities of that country or territory where any
particular quality, reputation or other feature of the commodity is mainly due to
its geographic origins and, where such commodities are manufactured.
3. Paris Convention:
First adopted in 1833, the Paris Convention for the Protection of Industrial
Property is the main international agreement that establishes the fundamental
rights to protect intellectual property rights.
This includes patents, manufacturing designs, logos of services, trade
names, source indications and unequal competition.
According to the section 2(10),
“Paris Convention” means the Paris Convention for the protection of
industrial property adopted on the 20th March 1883 as modified from time to
time, and to which Bangladesh became a party on the 3rd March 1991;
4. Deceptively similar geographical indication:
According to the section 2(11),
The deceptively similar geographical indication refers to a geographical
indication that is similar to the geographical indication of other products and may
cause deception and confusion;
Protection of Geographical Indication of Goods. (Sec. 6)
Whether registered under this Act or not, the product and the
geographical indication of their specific region, or locality will be protected
against other geographical indication of that the country, region, territory, region,
or locality where the product originates and falsely presents to the public that the
product belongs to another country, territory, region or locality
The Registrar shall classify the goods in accordance with the international
classification of the goods for the purpose of registering geographical indications
of goods.
Any dispute over the classification of products or the nation, territory,
region, district, or locality from which they originate must be resolved by the
Registrar, whose decision is final.
A list of geographic indications of products shall be kept and maintained for
the purposes of this Act.
Prohibition of registration for certain geographical indication of goods (Sec.
8)
A geographical indication shall not be recorded in spite of anything found in
any other law if;
(a) it fails to comply with this Act's definition;
(b) it is understood that its usage can be misleading or confusing;
(c) its use conflicts with all laws in effect in Bangladesh;
(d) contradict the order or morality of the public;
(e) it contains or does contain any subject likely to harm any citizen of
Bangladesh's religious susceptibility;
(f) the protection in court shall be, or may otherwise be, unjustified;
g) it is determined to be or has not ceased to be or has not been covered by
a common name or indication in its country of origin;
(h) the state, area or location where the goods come from is truthful, but
falsely indicates that the goods are from another territory, region or locality.
Application for the Registration of the Geographical Indication of Goods.
(Sec. 9)
Any organization, agency, government body, or authority that is
founded or registered under existing laws and represents the interests of persons
producing a geographical indication of goods may apply for registration of a
geographical indication of goods in,
writing to the Registrar in the prescribed form and manner,
along with payment of the prescribed fees.
Duration, Renewal, etc. of Registration. (Sec. 16)
The registration of a geographical indication of products shall be valid until
it is revoked or otherwise invalidated under this Act.
A registered authorized consumer of a geographical indication of products
is registered for a period of five years.
The Registrar may renew the registration of the authorized user for a
period of the following 3 years from the end date of original registration or the
last renewing of the registration, upon payment of the prescribed fees by the
authorized user within the prescribed time limit.
If a registered user fails to renew his or her registration after the above-
mentioned time has expired, the registration may be renewed upon payment of a
fine as determined by the law.
Rights conferred by registration. (Sec.18)
(1) The permitted consumer of such goods shall have the following rights
wherever there is registered geographical indication of the goods, namely:
(a) the right to seek relief in the manner provided for in this Act for
violating the geographical indication; and
(b) the right to use the geographical indication of products licensed for the
purpose of geographical indication.
(2) The right to use the geographical indication of goods conferred under clause
(b) of sub-section (1) shall be subject to such conditions and limitations as maybe
prescribed.
Restrictions on registration of trademarks as a geographical indication of
goods. (Sec. 21)
Notwithstanding anything in the Trademarks Act 2009,
The registrar can deny or invalidate a trademark registration on the request
of an aggrieved party or any party with an interest in the trademark if,
(a) a trademark consisting of a geographical indication with respect to
products or services relevant to it, that do not originate in the territory of a
country, or an area or locality within that territory for which such geographical
indication is being used.
(b) the use of a geographical indication in a trademark for such products or
services is of such a nature that it confuses or misleads the public as to the true
origin of such goods or services.
By notification in the Official Gazette, the Government may provide
additional protection to some goods specifying their names.
Protection to certain trademarks. (Sec. 22)
Where a trademark consists of any geographical indication that is currently
in effect or where rights to such trademarks are obtained through good faith or
have been registered in good faith under any other trademark law;
(a) before the commencement of this Act; or
(b) before the date of submitting an application for registration of such
geographical indication of goods under this Act;
Nothing of this Act shall prejudice the registrability or the validity of the
registration of such trademark under any law relating to the trademarks for the
time being in force, or the right to use such trademark, on the ground that such
trademark is identical with or similar to such geographical indication.
Nothing in this Law is to prejudice in any way any person's right to use his
or her predecessor's name in business during trade, except when such a name is
used to confuse or deceive citizens.
Cancellation or modification of registration (Sec. 23)
Any individual concerned can apply to the Registrar in the prescribed
manner for the modification or cancellation of any registration of a geographical
indication of goods for the reasons that,
(a) the goods' geographical indication is ineligible for protection under this
Act;
(b) the registration's geographical area does not correspond to the
geographical indication; or
(c) an indication of the items to which the geographical indication is
intended to refer, or an indication of the quality, reputation, or another attribute
of such goods, is lacking or inadequate.
If an application is filed, the Registrar will notify all parties that are involved
in the application.
The Registrar has the authority to amend or cancel any registration after
allowing all parties involved a fair opportunity to be heard.
Appeal (Sec. 27)
Any individual who is aggrieved by a Registrar's decision under this Act may
file an appeal with the Government within two months of receiving the decision,
and the government's decisions will be final until the appeal is resolved.
An application shall be made to the Government in a similar form and
manner and may be sent at the time of payment of the prescribed fee and with a
copy of the order or decision appealed against it.
Infringement of Protected Geographical Indications (Sec. 28)
(1) An individual who is not an approved consumer of a registered geographical
indication will infringe on it.
(a) uses such geographical indication in some way in the designation or
presentation of goods that implies or suggests that such goods originate in a
geographical region other than the actual place of origin of such goods in a way
that misleads the public as to such goods' geographical origin; or
(b) uses any geographical indication in an unfair competition-related
manner, including passing off in the case of a registered geographical indication;
or
(c) Applies another geographical indication to the goods that, while literally
accurate in terms of the territory, area, or locality from which the goods originate,
misleads the public into believing that the goods are from the territory, region, or
locality to which such registered geographical indication refers; or
(d) uses any other geographical indication to such goods which is not
originating in the place indicated by such other geographical indication or uses
other geographical indication to such goods even indicating the true origin of such
goods or uses other geographical indication to such goods in the translation of the
truth of origin or accompanied by an expression such as “kind”, “style”,
“imitation” or the like expression.
(2) For the purpose of clause (b) of sub-section (1),
Any act of competition contrary to honest practices in industrial or
commercial matters shall be constituted as “an act of unfair competition” and the
following acts shall also be deemed to be “acts of unfair competition”, namely:
(a) any act of such a nature as to create confusion by any means
whatsoever with the establishment, the goods or the industrial or commercial
activities of a competitor;
(b) any false allegation in the course of trade of such a nature as to discredit
the establishment, the goods or the industrial or the commercial activities of a
competitor; and
(c) the use of geographical indication which in the course of trade is liable
to mislead the people as to the quantity, nature, the manufacturing process, the
characteristics, the suitability, etc. of the goods.
(3) Notwithstanding anything contained in this section, where a geographical
indication of goods has been registered and is lawfully acquired by a person other
than the authorized user of such geographical indication of goods, further
dealings in those goods by such a person including the processing or packaging,
shall not deem to constitute an infringement of such geographical indication,
except where the condition of goods is impaired after putting into market.
(4) Any interested person or interested group of producers or consumers may file
a case in the competent district court to prevent infringement of geographical
indication, where the uses of the designation or presentation of the goods
indicate or suggest in any way that the goods in question originate in a
geographical area other than the true place of origin which may mislead the
public as to the geographical origin of the goods.
(5) In the proceedings under this section, the Court may, in addition to issuing an
injunction, award compensation for damages and grant such other civil remedy or
relief as it deems fit.
(6) No person shall be entitled to file any case to prevent or recover damages for
the infringement of an unregistered geographical indication.
(7) Nothing in this Act shall affect the rights to take action against any person for
passing off goods as the goods of another person or for the remedies thereof.
Falsifying or falsely Applying Geographical Indication and punishment (Sec.
29)
(1) If any person falsely applies to goods any geographical indication, such act of
the person shall be deemed to be an offense, and he shall be liable to be
prosecuted and, if convicted,
Then the punishment will be,
=> imprisonment for a term which may extend to 3 years, but not less than 6
months, or with a fine which may extend to taka 2 lac, but not less than taka
50,000, or with both.
(2) A person shall be deemed falsely applied any geographical indication if the
person or the institution:
(a) claims any goods to be registered geographical indication of goods
without the approval of the competent authority; or
(b) prepares deceptively similar geographical indications of goods; or
(c) declares a genuinely registered geographical indication of goods as
unregistered goods; or
(d) proclaims that the registration of a geographical indication of goods
gives an exclusive right to the use thereof, but such registration does not
eventually grant the right.
(3) For the purposes of this section, in the case of a geographical indication of
goods in Bangladesh, the use of the words “registered geographical indication” or
any other similar expression, symbol, or sign referring, whether explicitly or
implied, to registration, shall be deemed to be a reference to registration in the
register, unless—
(a) the word or other expression, symbol, or sign is used in direct
association with other words delineated in characters at least as large as those in
which that word or other expression, symbol or the sign is delineated and
indicates that the reference to registration as a geographical indication under the
law of the country outside Bangladesh is a country under the law of which the
registration referred to is in fact in force; or
(b) the other expression, symbol, or sign innately indicates itself of the
reference of such registration as mentioned in clause (a); or
(c) the word is used in any geographical indication of goods registered
under the law of any other country, and the goods shall be exported only for the
use of that country.
Use of deceptively similar geographical indication and punishment. (Sec. 30)
If any person uses a deceptively similar geographical indication to any goods or
the packages of the goods,
Such act of the person shall be deemed to be an offense, and he shall be liable to
be prosecuted and, if convicted,
The punishment will be
=> imprisonment for a term which may extend to 3 years, but not less than 6
months, or with a fine which may extend to taka 2 lac, but not less than taka
50,000 or with both.
(2) For the purposes of this section,
The following actions shall be deemed to be the use of deceptively similar
geographical indication, namely:
(a) using any package bearing a geographical indication that is identical
with or deceptively similar to the geographical indication of such authorized user,
for the purpose of packing, filling or wrapping therein any goods other than the
genuine goods of the authorized user of the geographical indication of goods; or
(b) falsifying any genuine geographical indication by distortion, alteration or
effacement; or
(c) applying to goods any false indication, name, and address of a country,
manufacturer, or place knowing that the genuine indication of the country or
place where they have been made or produced, or the name and the address of
the manufacturer or the person for whom the goods have been manufactured are
required to be applied.
Punishment for the production, transport, storage, and sale of false
geographical indication goods (Sec. 31)
If any person or institution;
(a) falsely uses any geographical indication in any goods or produces, transports,
stores or sells such goods in the market; or
(b) makes disposes of, or has in his or its possession, any dice, block, machine,
plate, or another instrument for the purpose of falsifying, or of being used for
falsifying a geographical indication; or
(c) sells or displays for sale or hires or keeps in possession for sale, any goods or
things to which any false geographical indication is applied, and any goods to
which an indication of the country or the place where they were made or
produced or the name and the address of the manufacturer or person for whom
the goods are manufactured is not inscribed;
Such act of that person or institution shall be deemed to be an offense and the
person or the institution shall be liable to be prosecuted and, if convicted,
The punishment will be
=> imprisonment for a term which may extend to 3 years, but not less than 6
months, or with a fine which may extend to taka 2 lac, but not less than taka
50,000, or with both.
Punishment for marketing without renewal (Sec. 32)
If an authorized user or institution, after the date of expiry of registration of a
geographical indication, continues the production, storage, marketing,
transporting, or sale of any outdated registered goods of geographical indication
without renewal of the registration,
Such act of the user or the institution shall be deemed to be an offense and the
user or the institution shall be liable to be proceeded against and, if convicted,
Then the punishment will be
=> imprisonment for a term which may extend to 3 years, but not less than 6
months, or with a fine which may extend to taka 2 lac, but not less than taka
50,000, or with both.
Punishment for the breach of conditions of registration (Sec. 33)
If any person or institution breaches any condition of the registration of
geographical indication,
The person shall be deemed to have committed an offense under this Act and be
liable to be prosecuted, and if convicted,
The punishment will be
=> the registration of the person or the institution shall be canceled, and
=> imprisonment for a term which may extend to 3 years, but not less than 6
months, or with a fine which may extend to taka 2 lac, but not less than taka
50,000, or with both.
Punishment for forgery of entries of the register (Sec. 34)
If any person makes or causes to be made a false entry in the register, or makes
or causes to be made writing falsely purporting to be a copy of an entry in the
register, or produces or tenders any such entry or writing in evidence, knowing
the entry or writing to be false,
The punishment will be
=> imprisonment for a term which may extend to 2 years, but not less than 6
months, or with a fine which may extend to taka 2 lac, but not less than taka
50,000, or with both.
Punishment for the second or subsequent offenses (Sec. 35)
If any person commits a second or other subsequent offense under this Act,
The punishment will be
=> imprisonment for a term which may extend to 5 years, but not less than 2
years, or with a fine which may extend to taka 4 lac, but not less than taka 2 lac,
or with both.
Implied warranty on sale of imprinted geographical indication of goods (Sec.
40)
Where a geographical indication has been used to the goods on sale or in the
contract for the sale of any goods,
It shall be implied that the seller has given warranty to the effect that
imprinted geographical indication is a genuine one and not falsely applied; unless
anything contrary is expressed explicitly in writing and signed by or on behalf of
the seller at the time of selling or signing the contract of such goods and is duly
accepted by the buyer.
