BANGLADESH
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Bangladesh does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, it is reported that there is an obligation of accounting separation.
Coverage Telecommunications sector
BANGLADESH
Since April 2021
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Directives on Mobile Applications Based (Over-the-Top, OTT) Calling Services of the IPTSP Operators, 2021
Pursuant to Art. 7 of the "Directives on Mobile Applications-Based (Over-the-Top, OTT) Calling Services of the IPTSP Operators, 2021", Internet Protocol Telephone Service Provider (IPTSP) operators seeking to offer mobile application-based calling services (OTT) are required to obtain approval from the Bangladesh Telecommunication Regulatory Commission (BTRC). Additionally, they must provide a bank guarantee of BDT 50 million (approx. USD 410,000) in favour of the BTRC and enter into a techno-commercial agreement with mobile network operators (MNOs).
Coverage Internet Protocol Telephone Service Provider (IPTSP) operators
Sources
- https://btrc.portal.gov.bd/sites/default/files/files/btrc.portal.gov.bd/page/2f2e55a5_f856_40a4_b0f3_6839b3905318/2022-02-08-04-37-acb99960a15aa7a9718d6ba679d56fd1.pdf
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3217370&id2=&id3=&sPath=000021090010902&mzMode=Modes3
- https://web.archive.org/web/20250228184113/https://datahub.itu.int/data/?i=100051&s=19296&e=BGD
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BANGLADESH
Since April 2001
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Bangladesh Telecommunication Regulatory Authority Act, 2001 - Act No. 18 of 2001 (বাংলাদেশ টেলিযোগাযোগ নিয়ন্ত্রণ আইন, ২০০১ - ২০০১ সনের ১৮ নং আইন)
Under Section 96 of the Bangladesh Telecommunication Regulatory Authority Act, the government is empowered, in the interest of the public, 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.
Coverage Telecommunications sector
BANGLADESH
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Bangladesh has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BANGLADESH
Reported in 2019, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Bangladesh has a telecommunications regulatory authority, the Bangladesh Telecommunication Regulatory Commission (BTRC). However, its decision-making process is not entirely independent of government influence. Officially, the BTRC is an autonomous regulatory body tasked with overseeing telecommunications and related matters. Nevertheless, reports suggest that, in practice, it lacks genuine independence and primarily represents governmental interests. The Ministry of Posts, Telecommunications, and Information Technology (MPTIT) holds overall responsibility for regulating the sector, with the BTRC functioning as a subsidiary entity. Additionally, the Posts and Telecommunications Division (PTD) within the MPTIT supervises the operations of the BTRC.
Coverage Telecommunications sector
BANGLADESH
Since May 1991
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Bank Company Act, 1991 - Act No. 14 of 1991 (ব্যাংক-কোম্পানী আইন, ১৯৯১ - ১৯৯১ সনের ১৪ নং আইন)
Section 12 of the Bank Company Act provides that banks may not transfer records or documents relating to their business outside Bangladesh without prior approval by the Central Bank.
Coverage Financial sector
BANGLADESH
Since April 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Bangladesh Patents Act, 2022 (Act No. V of 2022) (বাংলাদেশ পেটেন্ট আইন, 2022 (2022 সালের আইন নং V))
According to Section 34 of the Bangladesh Patents Act, if the applicant's usual place of residence or principal place of business is located outside Bangladesh, they must be represented by a qualified patent agent who is a resident of Bangladesh.
Coverage Horizontal
BANGLADESH
Since March 2023
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Guidelines on Cloud Computing
According to Sections 2.3.1.2 and 2.3.4.5 of the Guidelines on Cloud Computing, the hosting of customers' sensitive data in the cloud used by banks necessitates exceptional approval from the Central Bank.
Coverage Financial sector
Sources
- https://www.bb.org.bd/mediaroom/circulars/brpd/mar162023brpd05.pdf&sa=D&source=editors&ust=1743112255688291&usg=AOvVaw3g7MnaKLZDWNUai-4LUVHb
- https://openhive.com.au/2024/01/a-concise-summary-of-bangladesh-banks-guideline-for-cloud-computing/&sa=D&source=editors&ust=1743112255688235&usg=AOvVaw0WGcMDNRU0fxEnWUvV4jNn
BANGLADESH
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Bangladesh is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BANGLADESH
Since September 2023
Since July 2000, entry into force in November 2000, until September 2023
Since July 2000, entry into force in November 2000, until September 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act, 2023 - Act No. 34 of 2023 (কপিরাইট আইন, ২০২৩ - ২০২৩ সনের ৩৪ নং আইন)
Copyright Act, 2000 - Act No. 28 of 2000 (কিপরাiট আiন, 2000 - 2000 সালের 28 নং আইন)
Copyright Act, 2000 - Act No. 28 of 2000 (কিপরাiট আiন, 2000 - 2000 সালের 28 নং আইন)
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250227225031/http://bdlaws.minlaw.gov.bd/upload/act/2023-10-10-09-55-23-Act-No-34-of-2023.pdf
- https://web.archive.org/web/20250219201125/http://copyrightoffice.portal.gov.bd/sites/default/files/files/copyrightoffice.portal.gov.bd/law/121de2e9_9bc9_4944_bfef_0a12af0864a5/Copyright,2000%281%29%2...
- https://www.tbsnews.net/thoughts/why-copyright-law-reform-crucial-bangladesh-999156
- https://web.archive.org/web/20250219201217/https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1140&context=research
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BANGLADESH
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported prevalence of software and digital product piracy
It is reported that one of the factors hindering copyright enforcement in Bangladesh is the widespread prevalence of unchecked piracy, including the unauthorised reproduction of books, films, software, and digital media. The piracy of copyrighted goods is particularly severe, with estimates indicating that approximately 90% of software and nearly all sound recordings, books, and films are pirated. In addition, it has been suggested that virtually all households with computers operate pirated copies of software such as Microsoft Office and Adobe Photoshop.
Coverage Horizontal
Sources
- https://www.tbsnews.net/thoughts/why-copyright-law-reform-crucial-bangladesh-999156
- https://web.archive.org/web/20250226183838/https://figshare.mq.edu.au/articles/thesis/Designing_copyright_laws_to_combat_digital_piracy_and_effectively_balance_proprietary_and_public_interests_in_Bang...
- https://web.archive.org/web/20250226183743/https://www.dhakatribune.com/opinion/op-ed/361521/the-price-of-piracy
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BANGLADESH
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of adoption of the WIPO Copyright Treaty
Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BANGLADESH
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of adoption of the WIPO Performances and Phonograms Treaty
Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BANGLADESH
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
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 prevents disclosures 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.
Coverage Horizontal
BANGLADESH
Since September 2008, last amended in July 2011
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Guideline for Infrastructure Sharing (অবকাঠামো ভাগাভাগির জন্য নির্দেশিকা)
The Guideline for Infrastructure Sharing, issued by the Bangladesh Telecommunication Regulatory Commission, establish a formal policy framework for passive infrastructure sharing to facilitate the provision of telecommunication services to end users.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241208220121/https://btrc.portal.gov.bd/sites/default/files/files/btrc.portal.gov.bd/page/1c1ea1c0_f8ef_4cdf_9005_d8a34b9ca554/2022-08-14-07-32-068cb30c473a29852874045596...
- https://web.archive.org/web/20230608/https://fbs-du.com/news_event/15053046994.pdf
- https://web.archive.org/web/20250329003930/https://datahub.itu.int/data/?i=100014&s=3985&e=BGD
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