Bangladesh passed new Copyright Bill 2023
In September 2023, Bangladesh’s Parliament passed the Copyright Bill 2023, intended to replace the Copyright Act of 2020. This development is significant for Bangladesh, especially as the country prepares to transition from a least-developed nation to a ‘developing’ nation by 2026.
The bill’s introduction is importance in adapting to technological advancements and the evolving landscape of artistic works, encompassing both physical and digital realms. The new legislation expands copyright protection to include products, activities, databases, and designs originating from digital tools in the field of information and communication technology (ICT).
The Copyright Act 2023 introduces updated definitions for various terms, including anonymous or pseudonymous work owners, databases, public domain, producers, individuals, folk songs, and folk culture.
Notably, the bill recognizes and protects copyright of folk music, songs, and cultural heritage for the first time. It dedicates an entire chapter to intellectual property rights related to folk knowledge and culture, emphasizing the significance of preserving these traditions.
Additionally, the bill addresses intellectual property rights issues concerning visually impaired persons, aligning with the Marrakesh Treaty. It also imposes stricter penalties to combat piracy. Offenses such as publishing, serving, or performing someone else’s content or work can result in a fine of Tk500,000 (US$4,500). In cases of infringing film copyrights, the penalty increases to Tk1 million (US$9,000) and a maximum of five years imprisonment.
The legislation introduces provisions for establishing a task force dedicated to enforcing intellectual property laws, in line with international conventions such as TRIPS. Furthermore, the Copyright Bill 2023 aims to enhance the capabilities of Bangladesh’s Copyright Office, reflecting the country’s commitment to intellectual property protection and enforcement.
The previous Copyright Act of 2000 was enacted in conformity with international law as much as possible. However, there were still loopholes and inconsistency to the world’s standard, resulting in difficulties and challenges for the enforcer as well as IP Law practitioners. The Act was subsequently amended in 2005.
The rapid advancements in technology over the past two decades have significantly amplified the reliance on intellectual property and technology. However, this increased dependence has also led to a surge in piracy, highlighting the urgent need for substantial revisions to existing copyright laws.
As technology continues to evolve, it has become imperative to reassess and enhance the management and protection of intellectual property to address the challenges posed by piracy and ensure the rights of creators and innovators are safeguarded effectively.
AAA IPRIGHT – Global IP – Global Trademark Registration
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