Bangladesh has a well-defined framework of copyright exceptions that aligns with the principle of fair use, thereby allowing the lawful utilisation of copyrighted works by others without the need for prior authorisation. The Copyright Act of 2023 introduces the term "fair use" in Section 2(42), which provides definitions for key terms used throughout the legislation. In addition, Sections 70 and 73 of the Act elaborate on the scope and limitations of fair use, specifying the conditions under which copyrighted works may be used without constituting infringement. The Copyright Act of 2023 repealed and replaced the Copyright Act of 2000, which also established a clear framework of copyright exceptions based on fair use, as outlined in its Section 72.

Bangladesh continues to face significant challenges in ensuring adequate intellectual property (IP) protection and enforcement. This is due, in part, to the limited resources allocated by the Government to IP protection and enforcement. Foreign stakeholders have reported an increase in potential IP violations across several sectors, including consumer goods and software. Enforcement is further constrained by limited investigative resources and technical expertise within the police, as well as reported reluctance to initiate independent investigations, which have impeded IP right holders' ability to enforce their rights effectively.
In addition, IP right holders have raised concerns regarding the courts’ capacity to adjudicate IP cases fairly. Concerns also persist regarding the limited stakeholder engagement and absence of systematic public comment processes in the development of IP-related reforms. In this respect, Bangladesh continues to lack transparent rulemaking procedures that consistently seek stakeholder input to address existing gaps in IP protection and achieve meaningful improvements to its IP regime.

Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Bangladesh lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Section 49 of the Patent and Designs Act of 1911 prohibits the disclosure of information about industrial designs in bad faith. Section 73 of the Contract Act of 1872 entitles a party to receive compensation for breaches of contractual obligations; confidentiality and non-disclosure agreements are commonly used to protect confidential information. Further, the Preamble of the Competition Act of 2012 can be read as extending the ambit of anti-trust practices to mala fide disclosures of information. Penal action is envisaged under Section 405 of the Penal Code of 1860, for the offence of criminal breach of trust, which is punishable with up to three years' imprisonment and/or a fine.

Bangladesh applies passive infrastructure sharing obligations in the telecommunications sector. The Bangladesh Telecommunication Regulatory Commission (BTRC) Guidelines for Infrastructure Sharing, issued under Section 31(2)(r) of the Bangladesh Telecommunication Act, 2001, require telecommunications infrastructure to be shared on a non-discriminatory basis. Under Clause 1.3, infrastructure sharing includes the leasing, renting, or swapping of infrastructure with other service providers.
The Guidelines expressly cover passive infrastructure. Section 2(4) defines passive infrastructure to include physical sites, buildings, shelters, towers or masts, power supply, ducts, trenches, rights of way, in-house wiring, sub-loop facilities, and local-loop facilities. Section 4(1) applies the Guidelines to passive infrastructure sharing among BTRC-licensed telecommunications operators, while Sections 5(2)–5(6) establish the procedure for access requests, responses, refusals, and dispute resolution.
The current framework is complemented by the Telecommunications Network and Licensing Policy 2025, particularly Sections 7.2.3, 7.2.8, 7.7.1, 7.7.2, and 7.7.6, as well as by the National Infrastructure and Connectivity Service Provider (NICSP) Licensing Guidelines.

The Telecommunications Network and Licensing Policy 2025 introduced a new licensing framework for Bangladesh’s telecommunications and digital-connectivity sector, establishing several maximum foreign equity limits.
The Policy sets different foreign ownership caps depending on the licence category, including:
- For Cellular Mobile Service Provider licences, foreign ownership is capped at 85%, with a corresponding requirement of at least 15% domestic participation (Sections 7.2.11.1–7.2.11.2).
- For National Infrastructure and Connectivity Service Provider (NICSP) licences, including existing Nationwide Telecommunications Transmission Network (NTTN) and Tower Sharing licences, foreign ownership is generally capped at 65% (Sections 7.7.12.2–7.7.12.3). However, exceptions may allow foreign equity of up to 85% (Section 7.7.12.5).
- For International Connectivity Service Provider (ICSP) licences, foreign shareholding is limited to 49% (Section 7.8.8).
The 60% foreign ownership cap previously set out in Section 4.06(i) of the Broadband Wireless Access (BWA) Guidelines has been superseded by the ownership limits established under the new licensing policy. Similarly, the previous Tower Sharing regime has been integrated into the NICSP category under Section 7.7.13. More generally, Sections 10.3.3, 13.7, and 14.2 provide that renewals and new applications must be issued under the new licensing categories, while existing licences may continue during their current terms.

The government maintains ownership of shares in specific telecommunications companies. Notably, the government holds full ownership of Bangladesh Telecommunication Company Limited, Teletalk Bangladesh Limited, Telephone Shilpa Sangstha Ltd, and Bangladesh Cable Shilpa Limited. In addition, the government retains a 73.84% shareholding in Bangladesh Submarine Cable Company Limited.

Bangladesh imposes obligations of accounting and functional separation on telecommunications operators with Significant Market Power (SMP). Under the Telecommunications Network and Licensing Policy 2025, Sections 11.8.1 and 11.8.2(d) authorise the Bangladesh Telecommunication Regulatory Commission (BTRC) to identify SMP operators and impose requirements relating to accounting separation and financial transparency.
The Policy further gives BTRC broader separation-related powers. Sections 11.8.5(c) and 11.8.7(b)–(c) allow BTRC to review financial transparency, recommend structural separation where justified, prohibit undue accumulation of licences across distinct functional layers without operational or structural separation, and require accounting separation, firewall mechanisms, and public disclosure for multi-layer licensees.

Under Section 96 of the Bangladesh Telecommunication Regulatory Authority Act, the government is empowered, in the public interest, to assume control of any telecommunication system, along with any necessary arrangements for its operation. This control may be maintained for an indefinite period, during which the operator and the employees of the telecom operator may be required to remain engaged either on a full-time basis or for a specified duration to ensure the continued operation of the apparatus or system.

The Telecommunications Network and Licensing Policy 2025 establishes a new licensing framework for Bangladesh and imposes specific market-entry conditions. Under Section 7.3.4, Cellular Mobile Service Provider licences are subject to a limited licensing framework, with the number of licences determined by the Bangladesh Telecommunication Regulatory Commission (BTRC) based on spectrum availability, market competition, and consumer benefit. For National Infrastructure and Connectivity Service Provider (NICSP) licences, Section 7.7.10 requires applicants to demonstrate minimum investment capacity. However, this minimum investment has not yet been established.

Bangladesh has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that, in the case of establishing a branch office or a representative/liaison office, the minimum inward remittance required to be brought into Bangladesh by the foreign company is USD 50,000.