A file photo shows the National Board of Revenue headquarters in Dhaka. NBR has framed draft rules to implement intellectual property rights of imported goods in a bid to prevent entry of counterfeit products into the country and comply with international principles. — New Age photo





National Board of Revenue has framed draft rules to implement intellectual property rights of imported goods in a bid to prevent entry of counterfeit products into the country and comply with international principles.
Under the rules, customs authorities would be able to prohibit import of products having IPR issues including copyright, trademark, patent and design and geographical indication without permission of IPR holders.
The authorities would also be able to confiscate and destroy, if necessary, such goods.
Commissioner of customs will make import of those goods prohibited after scrutiny of application of IP rights holder, the draft rules said.
Customs will also stop releasing of imported products if customs officials become convinced by themselves or following application of IP rights holders that the goods are imported violating IPR.
Customs wing of NBR last week published the draft of the IPR Implementation Rules-2018 seeking opinion from stakeholders.
NBR asked the stakeholders to provide their opinion within 15 days on the draft rules.
NBR also distributed the copies of the draft rules to US Department of Justice at US embassy in Dhaka and Federation of Bangladesh Chambers of Commerce and Industry, the apex trade body in Bangladesh.
Officials said that NBR took the initiative to comply with the international principles of IPR and assured the bilateral trade partners on implementation of the provision as many of them including the USA raised the issues during trade negotiations.
Bangladesh customs act has also a provision to prohibit the import of counterfeit goods and products having IPR issues without written consent of the owners of IPR of those products.
Officials said that although Bangladesh as a least developed country received waiver from implementation of IRP provisions, the rules would prevent import of counterfeit goods into the country.
Bangladesh as a LDC is waived from implementation the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organisation until 2021 that may also be extended further.
The country’s pharmaceuticals products will also enjoy the waiver until 2033 under a special waiver of WTO.
A senior NBR official said that at present there was no obligation for Bangladesh to follow the law but several countries including the USA raised the issue of IPR protection-related deficiency while negotiating trade issues.
Currently, anyone can import product from any country.
Once the rules are finalised and come into force, IPR-related products could not be imported without permission of rights holders, the official said.
He expected that the rules would be finalised in three months.
According to the draft rules, an IP right holder or his/her representative will be able to serve notice on the customs houses and customs stations to stop release of goods imported or to be imported violating the IPR provisions.
Applicants will have to submit documents as proof of their IP rights on imported goods.
The validity of the notice will be one year.
Applicants will have to give bond as mortgage and security on seizure and, in case of, demolition costs.
Customs authorities will inform importer about the decision of not releasing the goods and will ask rights holder to provide proof in favour of IPR giving 10 days.
Customs houses will release the goods if the rights holder fails to provide proofs within the given time, according to the draft rules.
It also said that the rights holders and importers would be able to collect the sample of imported goods for examination of IPR issues.
Customs will also be able to dispose of the confiscated goods imported in violation of the law with consent of rights holders.
Rights holders will have to bear the costs of confiscation, storage and disposal activities.
Products imported violating IPR will not be sent back to exporting countries, the draft rules said.
The provisions of the rules will not be applicable for goods brought under Tourists Baggage (Import) Rules and imported as sample which will not be used for commercial purposes, the rules said.

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