BANGLADESH’S PATENT ACT– ALIGNING WITH GLOBAL STANDARDS OR FALLING SHORT? A COMPARATIVE STUDY

The Bangladesh Patents Act 2023 marks a pivotal reform in the nation’s intellectual property framework, replacing outdated laws to align with modern standards. This research provides a comparative analysis of the Act, focusing on its potential to foster innovation while safeguarding public interests. The study identifies strengths and limitations in the legislation by comparing Bangladesh's framework with the patent systems of India, the United Kingdom, Australia, Pakistan, and the United States. Key provisions, including patentable subject matter, compulsory licensing, and patent duration, are assessed against international best practices. The analysis highlights the Act’s emphasis on novelty, inventive steps, and industrial applicability while identifying gaps such as insufficient safeguards against "evergreening" and weak procedural mechanisms for opposition. Although the Act introduces measures to address public health concerns and support innovation, its implementation and institutional capacity remain challenges. This article argues that stronger compulsory licensing frameworks, enhanced opposition procedures, and stricter patentability criteria are crucial. It concludes with recommendations to reform Bangladesh’s patent system, ensuring it supports economic growth, public health, and global competitiveness.

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Publication Details

Journal
World Journal of Sociology and Law
Published
2024-12-23
DOI
https://doi.org/10.61784/wjsl3008
Primary Topic
Intellectual Property and Patents
Type
article
Field-Weighted Citation Impact
0.00
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article

BANGLADESH’S PATENT ACT– ALIGNING WITH GLOBAL STANDARDS OR FALLING SHORT? A COMPARATIVE STUDY

World Journal of Sociology and Law
Intellectual Property and Patents
article

BANGLADESH’S PATENT ACT– ALIGNING WITH GLOBAL STANDARDS OR FALLING SHORT? A COMPARATIVE STUDY

article en

Abstract

The Bangladesh Patents Act 2023 marks a pivotal reform in the nation’s intellectual property framework, replacing outdated laws to align with modern standards. This research provides a comparative analysis of the Act, focusing on its potential to foster innovation while safeguarding public interests. The study identifies strengths and limitations in the legislation by comparing Bangladesh's framework with the patent systems of India, the United Kingdom, Australia, Pakistan, and the United States. Key provisions, including patentable subject matter, compulsory licensing, and patent duration, are assessed against international best practices. The analysis highlights the Act’s emphasis on novelty, inventive steps, and industrial applicability while identifying gaps such as insufficient safeguards against "evergreening" and weak procedural mechanisms for opposition. Although the Act introduces measures to address public health concerns and support innovation, its implementation and institutional capacity remain challenges. This article argues that stronger compulsory licensing frameworks, enhanced opposition procedures, and stricter patentability criteria are crucial. It concludes with recommendations to reform Bangladesh’s patent system, ensuring it supports economic growth, public health, and global competitiveness.

World Journal of Sociology and LawVol. 2(3)
University of Rajshahi (BD)
Openalex Percentile: Top 60%
Intellectual Property and Patents
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