An Analysis of the Bangladesh Patent Act 2022: A Step Forward from an LDC to a Developing Country
DOI:
https://doi.org/10.52731/lbds.v001.047Abstract
Bangladesh is categorized as a Least Developed Country (LDC). It has a thriving pharmaceutical industry, which is unusual for an LDC. Because of its LDC status, Bangladesh has been enjoying several preferential treatments. For instance, according to the current Council’s decision, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the most comprehensive multilateral agreement on intellectual property (IP), provides an extended transition period for LDCs until 2034. TRIPS also offers a special exemption for introducing an IPR system compatible with TRIPS in LDCs.
Currently, Bangladesh faces new challenges. The country will graduate from LDC status in 2026, partly due to the country’s robust pharmaceutical industry. Once Bangladesh graduates from LDC status and becomes a developing country, it will no longer be eligible for these preferential treatments. The country will be required to introduce a patent law compatible with TRIPS. Bangladesh has been preparing diligently to become a developing country, and as part of that effort, it revised and enacted a new patent law, Patent Law 2022, in April 2022. This article examines the impacts of Bangladesh’s graduation from LDC, as well as Bangladesh's future prospects after graduation.
References
Economic Indicators of India by JETRO.
https://www.jetro.go.jp/world/asia/bd/basic_01.html
“Bangladesh Development Update - Recovery and Resilience Amid Global Uncertainty,” World Bank, April, 13, 2022.
“South Asia Economic Focus: Social Norms and Gender Inequality,” World Bank, April 2022.
https://elibrary.worldbank.org/doi/pdf/10.1596/978-1-4648-1857-8
“1971 Liberation war, birth of Bangladesh and comparison with present day Pakistan,” Publications Research Dossiers, 1971, European Foundation for South Asian Studies. https://www.efsas.org/publications/research-dossiers/1971-liberation-war,-birth-of-bangladesh-and-comparison-with-present-day-pakistan/
Zafrullah Chowdhury, “Bangladesh: A Tough Battle for a National Drug Policy,” The Journal of The Dag Hammarskjold Foundation, 1995, pp.100-101.
Munzur E. Murchid, “Bangladesh National Drug Policy 1982-2016 Aspect, Recommendations in Aspect, Eurasian Journal of Emergency Medicine, June 2019, pp.104-109.
“Report of the Expert Committee for Drugs on the National Drug Policy of Bangladesh 1982,” Directorate of Drug Administration, Ministry of Health & Population Control, Government of the Peoples’ Republic of Bangladesh, March 1986.
“National Drug Policy May 5 2005,” Ministry of Health and Family Welfare, Public Health Section 1. Notification Dated April 18, 2005.
Mayumi Murayama, Ch.5 “Pharmaceuticals,” Unknown Industrial Country Bangladesh, Institute of Developing Economies, Japan External Trade Organization (IDE-JETRO), Dec. 2014.
Padmashree Gehl Sampath, “Pharmaceutical Manufacturing in Bangladesh – A Success Story. What can we learn?,” FEAPM Advocacy Series No. 1, May 2019.
“Medical Treatment International Development Country Report – Fundamental Information regarding to Healthcare Market Environment in Newly Developing Countries: Bangladesh” (March 2021) Ministry of Economy, Trade and Industry.
Padmashree Gehl Sampath, “Pharmaceutical Manufacturing in Bangladesh – A Success Story. What can we learn? FEAPM Advocacy Series No. 1, Federation of East African Pharmaceutical Manufacturers (FEAPM), May 2019, P.13.
Market Share of Top 10 Players, Pharmaceutical Industry of Bangladesh, The multi-billion Dollar Industry, EBL Securities Ltd., P.14.
“The Patents And Designs Act, 1911 (ACT NO. 11 OF 1911),” Laws of Bangladesh, Government of the People’s Republic of Bangladesh.
http://bdlaws.minlaw.gov.bd/act-94.html
Bangladesh and the WTO, WTO website,
https://www.wto.org/english/thewto_e/countries_e/bangladesh_e.htm
Patent, Latest Statistics, Department of Patents, Designs and Trademarks (DPDT), Government of Bangladesh.
“General Assembly issues resolution on the graduation of Bangladesh, Lao PDR ad Nepal,” LDC Portal – International Support Measures for Least Developed Countries. Nov. 23, 2021.
Ibrahim Hossain Ovi, “LDC graduation: New opportunities, new challenges,” Dhaka Tribune, Feb. 27, 2021
Md Mustafizur Rahman, “Bangladesh’s Graduation: Challenges and Imperatives to Continued International Support Measures,” Institute of South Asian Studies (ISAS) Working Paper, No. 347, July 26, 2021.
“Bangladesh Preparing for Sustainable Graduation,” Annual Monitoring Report 2021 submitted to UN-CDP, Economic Relations Division, Ministry of Finance, Government of the People’s Republic of Bangladesh, Nov. 2021.
Rashidul Hasan and Jagaran Chakma, “New patents bill passed,” The Daily Star, April 4, 2022.
https://www.thedailystar.net/business/economy/news/new-patents-bill-passed-2997386
“Bangladesh: How to File A Patent Application in Bangladesh Under The New Bangladesh Patent Act 2022?,” Mondaq, April 20, 2022.
“Bill Passed Extending Patent Duration to 20 years,” The Business Standard, April 3, 2022.
https://www.tbsnews.net/bangladesh/bangladesh-patents-bill-passes-parliament-396314
“Bangladesh Patents Bill, 2022 passes in Parliament,” Bangladesh Sangbad Sangstha (BSS), National News Agency of Bangladesh, April 3, 2022.
